Journal of the Senate of the State of Georgia regular session 1996 volume two, 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 TWO
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

TUESDAY, MARCH 12, 1996

1215

Senate Chamber, Atlanta, Georgia Tuesday, March 12, 1996
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of Friday, March 8, 1996 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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 responsibilities of the Judicial Council.
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.
SB 310. By Senator Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to change the compensation and allowances of the members and the chairman of the Authority's Board of Directors.
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 participating in transition or intermediate programs.
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 Appreciation Day.

1216

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
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 annually among the judges of said court.

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 employees, so as to define certain terms; to provide that certain employees of counties 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.

SB 493. By Senators Oliver of the 42nd, Starr of the 44th, Farrow of the 54th and others:
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.

SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:
A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.
SB 482. By Senators Thomas of the 10th, Madden of the 47th, Balfour of the 9th and others:
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 minimum 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-delivery care for a mother and her newly born child in the home.

SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a definition.

TUESDAY, MARCH 12, 1996

1217

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 613. By Senators Marable of the 52nd, Middleton of the 50th, Dean of the 31st and others:
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 appointments of school superintendents prior to the expiration of their contracts or terms and provide for vacancies; to provide when certain notices and announcements regarding the employment of such superintendents are not required.
The following bills were introduced, read the first time and referred to committee:
SB 785. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park" in the County of Clayton, as amended, so as to change the corporate limits.
Referred to State and Local Governmental Operations Committee.
SB 786. By Senator Griffin of the 25th:
A bill to amend an Act creating the Board of Commissioners of Hancock County, as amended, so as to change the provisions relating to per diem allowances of the chairperson and members of the board of commissioners; to provide an effective date.
Referred to State and Local Governmental Operations Committee.
SB 787. By Senator Griffin of the 25th:
A bill to amend an Act placing the sheriff, the judge of the probate court, and the clerk of the superior court of Hancock County on annual salaries in lieu of the fee system of compensation so as to change the provisions relating to the personnel of the sheriff and the compensation thereof; to provide for budgets.
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 resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 1001. Do pass.
Respectfully submitted, Senator Starr of the 44th 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 394. Do pass by substitute.

SR 615. Do pass as amended.

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

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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 620. Do pass by substitute.
Respectfully submitted, Senator Scott of the 36th District, Chairman

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

SB 603. Do pass.

SB 781. Do pass.

SB 782. Do pass.

SB 783. Do pass.

HB 1678. Do pass.

HB 1745. Do pass.

HB 1795. Do pass.

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

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

HR 804. Do pass.

HR 805. Do pass.

HR 817. Do pass.

HR 819. Do pass.

HR 825. Do pass.

HR 883. Do pass.

HR 901. Do pass.

HR 969. Do pass.

HR 982. Do pass.

HR 1003. Do pass.

HR 1004. Do pass.

HR 1005. Do pass.

HR 1016. Do pass.

HR 1039. Do pass.

HR 1040. Do pass.

HR 1041. Do pass.

HR 1073. Do pass.

HR 1109. Do pass.

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

Mr. President: The Committee on Transportation has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1243. Do pass by substitute.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

TUESDAY, MARCH 12, 1996

1219

The following bills were read the second time:

SR 394 HB 1046 HB 1222 HB 1385 HB 1493 HB 1803 HR 883 HR 1004 HR 1073

SR 615 HB 1065 HB 1243 HB 1388 HB 1555 HE 804 HR 901 HR 1005 HR 1109

SR 620 HB 1115 HB 1252 HB 1401 HB 1583 HR 805 HR 969 HR 1016

HB 963 HB 1192 HB 1317 HB 1420 HB 1637 HR 817 HR 982 HR 1039

HB 1006 HB 1197 HB 1362 HB 1442 HB 1643 HR 819 HR 1001 HR 1040

HB 1030 HB 1202 HB 1366 HB 1479 HB 1728 HR 825 HR 1003 HR 1041

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

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

Glanton
Griffin Guhl Harbison
Henson Hill Hooks 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
Turner
Tysinger Walker

Those not answering were Senators:

Abernathy Blitch Clay

Gochenour Oliver Perdue

Ray (presiding) Thompson

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 Johnson of the 2nd introduced the chaplain of the day, Reverend Vernell Cutter, pastor of St. Paul's Missionary Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 646. By Senator Dean of the 31st: A resolution commending Mr. Ed Jackson.

SR 647. By Senator Dean of the 31st:
A resolution commending and congratulating the Gilmer Street Baptist Church on the occasion of its 55th anniversary.

SR 648. By Senators Egan of the 40th and Ralston of the 51st: A resolution expressing sympathy at the passing of Robert Frongillo.

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JOURNAL OF THE SENATE

SR 649. By Senator Griffin of the 25th: A resolution paying tribute to Honorable James Mote Watts, Jr.

SR 650. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Coach Tommy Taylor.
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, March 12, 1996
THIRTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 603 Boshears, 6th APPLING COUNTY
An Act to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court, so as to provide that such nonpartisan nomination and election of the judge of the Probate shall begin with the election held in 1996.

SB 781 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
An Act to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court, so as to provide for qualifications for the chief magistrate and magistrates.
SB 782 Farrow, 54th CATOOSA COUNTY
An Act to amend an Act creating a board of utilities commissioners, so as to change the provisions relating to the compensation of the members of the board of utilities commissioners.
SB 783 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 management and control of such department of the Richmond County Board of Health, so as to change the composition of said board of health.

TUESDAY, MARCH 12, 1996

1221

HB 1678 Kemp, 3rd Johnson, 2nd CITY OF RICHMOND HILL BRYAN COUNTY
An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority 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 tourism, conventions and trade shows in the City of Richmond Hill and Bryan County.

HB 1745 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
An Act to amend an Act known as the "Gwinnett County Merit System Act" authorizing 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 1795 Blitch, 7th CITY OF TY TY

An Act to amend an Act creating a new city charter, so as to permit holders of elective office to serve on local board commissions, or authorities in certain circumstances.

The report of the committee, which was favorable to the passage of the bills as reported, 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 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 Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black Blitch Boshears

Brown of 26th Glanton Oliver

Perdue Ray (presiding) Starr

On the passage of the local bills, the yeas were 46, nays 0.

1222

JOURNAL OF THE SENATE

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Balfour of the 9th gave notice that at the proper time, he would move that the Senate reconsider its action in passing HB 1745.
Senator Farrow of the 54th moved that all Senate bills on the Local Consent Calendar be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed, and all Senate bills on the Local Consent Calendar were immediately transmitted.
SENATE CALENDAR Tuesday, March 12, 1996 THIRTY-SIXTH LEGISLATIVE DAY
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 (Amendment) (SLGO-G--44th) Walker--141st
HB 907 Misrepresenting the origin of timber; define offense (Substitute) (Amendment) (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.)
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 (SLGO-G--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
HB 1235 Evidence; photos, videotapes, audio recordings; admissibility (Judy--42nd) Williams--83rd
HB 1338 Patient Protection Act; enact (Substitute) (I&L--24th) Williams--114th

TUESDAY, MARCH 12, 1996

1223

HB 1227 Hazardous substances; repeal certain reporting fees (Amendment) (Nat R --47th) Banner--159th

HB 1723 Elections; absentee voting; restrictions (SLGO-G--10th) Connell--115th

HB 1319 Excise tax; rental motor vehicles (Substitute) (F&PU--36th) Stanley--50th
Respectively submitted, /a/ David Scott of the 36th
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Turner of the 8th.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Gochenour Griffin

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

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

Those not voting were Senators:

Abernathy Black
Blitch

Brown of 26th Egan
Glanton

Hill Oliver
Ray (presiding)

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

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 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 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 the unique characteristics of each mother and her infant, taking

TUESDAY, MARCH 12, 1996

1225

into consideration the health of the mother, the health and stability of the baby, the ability and confidence of the mother to care for her baby, the adequacy of support sys tems at home, 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) 'Attending provider' means:
(A) Pediatricians and other physicians attending the newborn; and
(B) Obstetricians, other physicians, and certified nurse midwives attending the mother.
(2) '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, preferred provider organization, acci dent and sickness insurer, fraternal benefit society, hospital service corporation, medi cal service corporation, or other insurer or similar entity.
(3) '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 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.
(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 attending physician, the obstetrician, pedia trician, or certified nurse midwife after conferring with the mother.
(d) If a mother and newborn are discharged pursuant to subsection (c) of this Code sec tion prior to the postpartum inpatient length of stay provided under subsection (b) of this Code section, coverage shall be provided for up to two follow-up visits, provided that the first such visit shall occur within 48 hours of discharge. Such visits shall be conducted by a physician, a physician's assistant, or a registered professional nurse with experience and training in maternal and child health nursing. After conferring with the mother, the health care provider shall determine whether the initial visit will be conducted at home or at the office. Thereafter, he or she shall confer with the mother and determine whether a second visit is appropriate and where it shall be conducted. Services provided shall include, but not be limited to, physical assessment of the newborn, parent educa tion, assistance and training in breast or bottle feeding, assessment of the home support system, and the performance of any medically necessary and appropriate clinical tests. Such services shall be consistent with protocols and guidelines developed by national pediatric, obstetric, and nursing professional organizations for these services.
(e) The Commissioner shall adopt rules and regulations necessary to implement the pro visions of this Code section.

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(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:
(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 insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, 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 the effective date of this Act shall be appropriately adjusted to reflect any change in services provided as re quired 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.
Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 482.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Blitch

Brown of 26th Guhl Hill

Oliver Ray (presiding)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 482.

TUESDAY, MARCH 12, 1996

1227

Senator Gillis of the 20th introduced the doctor of the day, Dr. George L. Smith, III, of Covington, Georgia.
The Calendar was resumed.

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.
Senate Sponsor: Senator Turner of the 8th.

Senators Turner of the 8th and Ragan of the llth offered the following amendment:
Amend HB 1458 by striking "the controlling" and inserting in its place "all of the cuntrulHng" on line 19 of page 1.
By striking "January 1, 1997" and inserting in its place "July 1, 1996" on line 2 of page 2.
By striking "1997" and inserting in its place "1996" on line 4 of page 2.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th 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 Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Brown of 26th Newbill

Ray (presiding)

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 President assumed the Chair.
Senator Boshears of the 6th moved that Senator Blitch of the 7th be excused due to a doctor's appointment. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Blitch was excused.

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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.
Senator Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

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 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

Blitch (excused)

Stokes

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

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.
Senate Sponsor: Senator Starr of the 44th.
Senators Starr of the 44th, Taylor of the 12th, Brown of the 26th and Middleton of the 50th offered the following amendment:
Amend HB 1591 by striking line 30 of page 2 and inserting in its place the following:
"state taxes or fees without formal approval by the State Depository Board. The".
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.

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1229

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

Voting in the negative were Senators Black and Glanton.

Those not voting were Senators:

Abernathy Blitch (excused)

Perdue Ragan

On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

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. Senate Sponsor: Senator Perdue of the 18th.

The Senate Special Judiciary Committee offered the following substitute to HB 907:

A BILL
To be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the crime of misrep resenting the origin or ownership of timer or agricultural commodities; to provide penalties; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by inserting a new Code section to be designated Code Section 16-9-61, to read as follows:
"16-9-61.
(a) A person commits the crime of misrepresenting the origin or ownership of timber or agricultural commodities when, in the course of a sale, attempted sale, delivery, or other completed or attempted transaction regarding timber or agricultural commodities, he or she knowingly, willfully, and with criminal intent to defraud makes a false statement or

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knowingly, willingly, and with criminal intent to defraud causes a false statement to be made with regard to any specific ownership of the timber or agricultural commodities or with regard to the location or ownership of the land where the timber was cut or the agricultural commodities were harvested.
(b) Misrepresenting the origin of timber or agricultural commodities shall be punished, upon conviction, as for a misdemeanor; except that if the property which was the subject of the misrepresentation exceeded $500.00 in value, it shall be a felony offense punish able upon conviction by a sentence of imprisonment of not less than one year and not exceeding five years."

SECTION 2.

This Act shall apply to conduct occurring on or after July 1, 1996.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Egan of the 40th offered the following amendment:
Amend the committee substitute to HB 907 by deleting "willingly" on line 21 page 1 and substituting "willfully.
On the adoption of the amendment, the yeas were 30, nays 0, and the Egan amend ment to the committee substitute to HB 907 was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour 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 Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch (excused) Starr

Stokes Tanksley

Taylor Tysinger

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

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1231

The following general bill of the House, having been read the third time and final ac tion suspended on March 7, 1996, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 1218. By Representative 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.

The substitute offered by Senators Land of the 16th and Harbison of the 15th on March 7, as it appears in the Journal of March 7, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Boshears
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 Stokes
Tanksley Thomas
Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Abernathy Blitch (excused)

Bowen Slotin

Starr Taylor

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

HB 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

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property upon which substantial drug related activity occurs may be declared a nuisance.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th 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 Land Langford Madden Marable McGuire Middleton

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

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Blitch (excused)

Farrow

Perdue

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed.

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 arts.
Senate Sponsor: Senator Henson of the 55th.

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

Those voting in the affirmative were Senators:

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

Cheeks Clay Crotts Day Dean Edge Egan Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill 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 Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch (excused)

Farrow

Stokes

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

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.
Senate Sponsor: Senator Land of the 16th.
Senators Clay of the 37th and Thompson of the 33rd offered the following substitute to HB 1487:
A BILL
To be entitled an Act 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; to change certain re strictions applicable to the aggregate amount of certain excise taxes and sales and use taxes and other taxes which may be imposed by a county or municipality; to provide for requirements and limitations with respect thereto; to provide for related matters; to pro vide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommoda tions are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommo dations furnished by any person or legal entity licensed by, or required to pay business or

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occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official busi ness. Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was ex pended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organiza tion, then in each fiscal year beginning on or after July 1, 1987, at least the same per centage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2.
Said article is further amended by adding a new paragraph immediately following para graph (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.5), to read as follows:
"(3.5) Notwithstanding the provisions of paragraph (1) of this subsection, a local consoli dated government (within the territorial limits of the special district located within the county the boundary of which is conterminous with that of such local consolidated gov ernment) may levy a tax under this Code section at a rate of 6 percent. A local consoli dated government levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of promoting tourism, conven tions, and trade shows through a contract with a private sector nonprofit organization. In addition to the amounts thus required to be expended, a local consolidated govern ment levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a civic center owned and operated by the local consolidated government."
SECTION 3.
Said article is further amended by striking paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, and inserting in its place a new para graph (5.1) to read as follows:
(5.1) Notwithstanding any other provision of this subsection, a county (within the territo rial 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

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1235

the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facil ity 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 pur pose 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, per forming arts center, or any combination thereof, for convention, trade show, athletic, mu sical, 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, main taining, and promoting such facilities owned, operated, or leased by or to the local coli seum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, 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 impaired 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 pro viso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown develop ment authority, shall constitute a contract with the holder of such obligation. Notwith standing any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding" shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development 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 described

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in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improve ments originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean a downtown development authority cre ated by local Act of the General Assembly for a municipality pursuant to a local constitu tional amendment."
SECTION 4.
Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (5), or (5.1) of this subsection."
SECTION 5.
Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), or (5.1) of this subsection shall prior to the imposi tion of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A-) (i) calculat ing the amount of funds expended or contractually committed for expenditures as pro vided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (Bi (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure re quirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit vertification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(10) Nothing in this article shall be construed to limit the power of a county or municipal ity to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.2), (3.3), (3.4), (3.5), (3.1), (4), (4.1), (5), or (5.1) of this subsection."

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SECTION 6.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 3 of this Act shall become effective on January 1, 1997; provided, however, that Section 3 of this Act shall only become effective on January 1, 1997, upon the ratification of House Resolution 728 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.

SECTION 7.
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 Clay and
Thompson substitute to HB 1487 was adopted. Pursuant to Senate Rule 143, action on HB 1487 was suspended and the bill was
placed on the General Calendar.

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.
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:

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

Gochenour Griffin Guhl Harbison Henson Hill 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch (excused) Farrow

Johnson of 2nd Thomas

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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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.
Senate Sponsor: Senator Edge of the 28th.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears 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 Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Blitch (excused)

Bowen Farrow

Starr Tanksley

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, so as to change the pen alties for contributing to the deprivation of a minor; to provide a definition.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a definition; to change the lawful age for admission to certain premises exhibiting sexual matter; to provide for related mat ters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, is amended by striking in its entirety Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and in serting in lieu thereof a new Code section to read as follows:
"16-12-1.
(a) As used in this Code section, the term:
(1) 'Delinquent act' means a delinquent act as defined in Code Section 15-11-2.
(2) "Felony" means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States.
(3) 'Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings.
(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of tHe body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body or an injury which is life threatening.
(b) A person commits the offense of contributing to the delinquency, unruliness, or depri vation of a minor when such person:
(1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;
(2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings;
(3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings;
(4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, en courages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or
(5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult.
(c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived.
(d) A person convicted pursuant to paragraph (1); or (2), or (0) of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant shall be guilty of a misde meanor and shall be fined not less $400.00 nor more than $1,000.00 or shall be impris oned for not less than three months nor more than one year, or both fined and imprisoned; and

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(3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned.

(d.l) A person convicted pursuant to paragraph (3) of subsection (b) of this Code section

shall be punished as follows:

'

(1) Upon conviction of an offense which resulted in the serious injury or death of a cHild, without regard to whether such oftense was a first, second, third, or subsequent oTTense, the defendant shall be guilty of a felony and shall be punished as provided in subsection (e) of this Code section;

(2) Upon conviction of an offense which does not result in the serious injury or death of a~child and which is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned;

(3) Upon conviction of an offense which does not result in the serious injury or death of a~child and which is the second conviction, the defendant shall be guilty of a high and aggravated misdemeanor and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year, or both fined and impris oned; afjcl

(4) Upon the conviction of an offense which does not result in the serious injury or death of a child and which is the third or subsequent conviction, the defendant shall be guilty of a felony and shall be fined not less than $10,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisonecT

(e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) or paragraph (1) of subsection (d.l) of this Code section shall be guilty of a felony and punished as follows:

(1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and

(2) Upon conviction of the second or subsequent offense, the defendant shall be impris oned for not less than three years nor more than 20 years."

SECTION 2.

Said chapter is further amended by striking subsections (b), (c), and (d) of Code Section 1612-103, relating to selling, distributing, or exhibiting sexual or other matter harmful to minors, and inserting in their place new subsections to read as follows:
"(b)(l) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.
(2) It shall be unlawful for any person knowingly to sell or to furnish to a person under the age of 21 an admission ticket or pass or knowingly to admit a person under the age bT2l to premises whereon there is exhibited a show or performance which is harmful tcTminors and which, in whole or in part, consists of sexually explicit nudity on the part of one or more live performers; sexual conduct on the part of one or more live perform ers; or sadomasochistic abuse on the part of one or more live performers.
(c) It shall be unlawful for any minor falsely to represent person to falsely represent his or her age to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent that such uiinoi i& 18 yeai'i, of age or older with the intent to unlawfully procure any material set forth in subsection (a) of this Code section or with

TUESDAY, MARCH 12, 1996

1241

the intent to unlawfully procure such miiiui's person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent that he or she is the parent or guardian of any minor or that any minor ib 18 .yeais uf age or older~knowingly to make a false representation with respect to the age of an other person with the intent to unlawfully procure for such other person any material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such minor's other person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section."

SECTION 3.
If any portion of this Act shall be found to be unconstitutional or violative of any law, it shall be presumed that the General Assembly would have passed the balance of said Act with the removal of the unconstitutional provision.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 396.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears 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 Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Blitch (excused) Bowen

Perdue Stokes

Thompson

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 396.
Senator Taylor of the 12th moved that Senate Rule 34 be suspended in order to give a first reading to a local Senate bill.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senate Rule 34 was suspended.

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The following bill was introduced, read the first time and referred to committee:
SB 788. By Senators Ragan of the llth and Taylor of the 12th:
A bill to provide that the judge of the Probate Court of Baker County shall also serve as the chief magistrate of the Magistrate Court of Baker County; to pro vide for the compensation of such judge for service as chief magistrate; to pro vide an effective date.
Referred to State and Local Governmental Operations 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 1872. By Representative Breedlove of the 85th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 1880. By Representatives Mann of the 5th, Kinnamon of the 4th and Lifsey of the 6th:
A bill to increase the homestead exemption from Whitfield County ad valorem taxes for county purposes and provide for conditions and procedures relating thereto.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to pro vide for the submission of this amendment for ratification or rejection.
The House has disagreed to the Senate substitute to 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 Calendar was resumed.

TUESDAY, MARCH 12, 1996

1243

SR 621. By Senator Tysinger of the 41st:

A resolution creating the Joint Digital Signatures Study Committee.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks
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:

Blitch (excused) Bowen

Gillis Perdue

Taylor Thomas

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

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.
Senate Sponsor: Senator Madden of the 47th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black 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

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Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin

Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch (excused) Boshears

Perdue Ray

Thomas

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

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.
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:

Abernathy Balfour Black
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
McGuire

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

Those not voting were Senators:

Blitch (excused)

Gillis

Scott

Boshears

Perdue

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 12, 1996

1245

The following bill was taken up to consider House action thereto:
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.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1265.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1265.
Senator Crotts of the 17th moved that Senator Land of the 16th be excused due to Senate business. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Land was excused.
The Calendar was resumed.
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. Senate Sponsor: Senator Langford of the 29th.
The Senate Insurance and Labor Committee offered the following substitute to HB 106:
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 for inclusion of a formerly selfinsured employer's prior experience in determining an experience modifier; to change cer tain provisions relating to application for certificate of authority to create group self-insur ance fund; to change certain provisions relating to admission of new members to group selfinsurance fund; to change certain provisions relating to termination of participation in group self-insurance fund; to change certain provisions relating to maintenance of loss reserves; to change certain provisions relating to payment of operating expenses by mem bers of fund; to change certain provisions relating to bond of administrator; to amend Code Section 33-23-102 of the Official Code of Georgia Annotated, relating to bond and surety of applicant for insurance administrator's license, so as to provide for fidelity bond; 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 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by adding a new Code Section 34-9-138 to read as follows:
"34-9-138.
Any insurance company which voluntarily writes a policy for any employer which was self-insured under any provision of this chapter shall include such employer's prior expe rience while self-insured to determine or have determined an experience modifier for such employer."

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SECTION 2.
Said chapter is further amended by striking subsection (d) of Code Section 34-9-152, relat ing to application for certificate of authority to create group self-insurance fund, and in serting in lieu thereof the following:
"(d) Each application for a certificate of authority shall be accompanied by a filing fee of $300.00 in the amount required by subparagraph (CO of paragraph (1) of Code Section 33-8-1, which fee shall not be refundable."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-155, relat ing to admission of new members to group self-insurance fund, and inserting in lieu thereof the following:
"(a) Any other provision of law to the contrary notwithstanding, no No person other than a trustee, officer, or administrator of the fund shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of:
(A) A professional association or trade association; or
(B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code."
SECTION 4.
Said chapter is further amended by striking subsection (d) of Code Section 34-9-156, relat ing to termination of participation in group self-insurance fund, and inserting in lieu thereof the following:
"(d) Any member who is voluntarily terminated or is involuntarily terminated shall carry
tilti SSiilfe &Xj)61"i6ilCfc illOCIiri^l1 pl'OiilU.i^3.LiiQ t)y tllti lUiiCt UiliGSS prOOI C3.H D6 prOViQGQ tO
tti6 vJOTLinnssioiiGr tiist Sitiist* tH^Tot*tuu.it rot* cifittn'miiuii^j trife cX^J6fi6iiC6 inouiiioi1 is iii~ correct or the data being used is incorrect be provided with the data necessary for the replacement workers' compensation insurer to determine or have determined an experi ence modifier for such former member."
SECTION 5.
Said chapter is further amended by striking subsection (b) of Code Section 34-9-163, relat ing to maintenance of loss reserves, and inserting in lieu thereof the following:
"(b) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain:
(1) Actual loss reserves, incurred but not reported loss reserves, and reserves for aggre gate excess insurance which, combined with actual loss and loss expense payments, shall be in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner; or
(2) With the approval of the Commissioner, loss reserves in an amount equal to the greater of the amount established by an independent casualty actuary in accordance with actuarial standards or 46 45 percent of earned premiums written in each of the three years prior to the date on~which the report or statement is to be made, less all loss and loss expense payments made in connection with the claims under policies written in those three years. For the purposes of this paragraph, the term 'actuarial standards' means the standards adopted by the Casualty Actuarial Society in its State ment of Principles Regarding Property and Casualty Insurance Ratemakiag Loss and

TUESDAY, MARCH 12, 1996

1247

Loss Adjustment Expense Reserves and the Standards of Practice adopted by the Actuarial Standards Board."
SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-164, relat ing to payment of operating expenses by members of fund, and inserting in lieu thereof the following:
"(a) Each member shall pay into the fund its share of the fund's projected obligation for workers' compensation liability, administrative expenses, and other costs incurred by the fund as may be determined by the board of the fund or by an the fund's administrator and approved by the board of the fund, all in accordance with this article. The share shall be adjusted by the board of the fund according to the claims experience of each participating member in accordance with criteria set forth in the bylaws of the fund;
p1*0Viu.6Q. jtlGWcVGi'j LliJit ilO iU6jLiiLn3r OI ci illilu Sliiilllie Clleii ^titi 3. D3S1C 1 ltc WlliCil IS nl cXC^SS 01 lOo pGrC&il.t OT LIHi D&SiC 1 S.LC Cju.3.r^tiCi tO &iiy Gtiitii1 jQlftiliu^l 01 tlTiG IU.iid. i. fl6
premium for each year shall be paid by each member at the beginning of each fund year unless otherwise provided for under the intrastate agreement or under a payment plan developed by the board of the fund and submitted to and approved by the Commissioner. The board of the fund shall make payments to the employees of the members out of the fund for workers' compensation benefits pursuant to and in accordance with the claims procedures set forth in this chapter; and the board of the fund shall determine what, if any, dividends or assessments shall be paid to or levied against the participating mem bers of the fund."
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-167, relat ing to bond of administrator, and inserting in lieu thereof the following:
"(a) The Commissioner shall require each administrator to have and maintain a fidelity
bond ni tin miluLuil wlni;li tlic Cuiiiiiiisnjnci uccilia appiupi'i&Lc uUL wtiicli ib nut Itsaa
than $100,000.00 pursuant to Code Section 33-23-102."
SECTION 8.
Code Section 33-23-102 of the Official Code of Georgia Annotated, relating to bond and surety of applicant for insurance administrator's license, is amended by striking subsection (a) and inserting in lieu thereof the following;
"(a) Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force while so licensed a fidelity bond in favor of the Com missioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation of the Commissioner."
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 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.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch (excused) James

Land (excused) Perdue

Taylor Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

SB 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 amendment was as follows:
Amend SB 351 by striking lines 13 and 14 of page 1 and inserting in lieu thereof the following:
"(2) Provide for an appropriate oral and written examination for applicants and any other appropriate means of examination for applicants. The frequency of such".
Senator Ray of the 19th moved that the Senate disagree to the House amendment to SB 351.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to SB 351.
The following bill was taken up to consider House action thereto:

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

TUESDAY, MARCH 12, 1996

1249

department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.
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 March 4, 1996

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

SUBJECT: State Auditor's Certification Senate Bill 435 (Substitute) (LC 21 3942S)

Dear Chairman Cummings:
This bill would provide that employees of a county juvenile detention facility trans ferred to the Department of Children and Youth shall have the option to remain in the local retirement plan or transfer to the Employees' Retirement System of Georgia. If an em ployee 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 Em ployees' Retirement System on the date the services are transferred to the Department of Children and Youth. This bill would also provide for the purchase of prior service credit by such employees.
This is to certify that the changes made in this substitute retirement bill are a reduc tion in cost amendment to a fiscal retirement bill as defined in the Public Retirement Sys tems Standards Law. The actuarial studies for the bill as amended are attached.
Sincerely,
/si Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 March 4, 1996

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

Dear Representative Cummings:

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

SB 435 (Substitute) Employees' Retirement System of Georgia

(LC 21 3942S)

Fulton County Employees' Retirement System

Enclosed please find a copy of the State Auditor's summary and the actuarial investi gations for this bill.

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Please contact me or Michael Plant at (404) 656-2006 if you have any questions or if our office can be of any further assistance.
Sincerely,
/a/ Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 March 4, 1996

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

SUBJECT: Actuarial Investigation Senate Bill 435 (LC 21 3942S) Employees' Retirement System Fulton County Employees' Retirement System

Dear Representative Cummings:

This bill would provide that employees of a county juvenile detention facility trans ferred to the Department of Children and Youth shall have an option to remain in the local retirement plan or transfer to the Employees' Retirement System of Georgia. If an em ployee 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 Em ployees' Retirement System on the date the services are transferred to the Department of Children and Youth. This bill would also provide for the purchase of prior service credit 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 amor tize 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' Re tirement System would reduce its cost by $121,000 in the first year. This cost, however, assumes 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.
(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 $ 118,000 ______10 $ 175,000

TUESDAY, MARCH 12, 1996

1251

(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.

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 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.

$ (171,000) $ (14,000) _____N/A $ (107,000)
15.00%
15.00%
$______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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200
Atlanta, Georgia 30339-5945 February 29, 1996

Hon. Claude L. Vickers, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334

Dear Mr. Vickers:
Re: Senate Bill 435 (LC 21 3942S)
As requested, We have made an actuarial investigation of the impact of Senate Bill 435 (LC 21 3942S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would provide that certain employees of a county juvenile detention facility trans ferred to the Department of Children and Youth shall have an option to remain in the local retirement plan or transfer to ERS. If an employee was not a member of the local plan at the time the county facility became a part of the state-wide juvenile detention system, such employee shall become a member of ERS on the date the services are transferred to the Department of Children and Youth. The Bill also provides for the purchase of prior service by such employees.
The cost of this legislation would be $293,000 in the first year, based on an annual payroll of $1,907,000 for 80 employees transferring from a local retirement plan to ERS. There

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would be no increase in the employer contribution rates or unfunded actuarial accrued liabilities of the System on account of this legislation.
The attached table reflects the unfunded actuarial accrued liability and recommended em ployer contributions under the Employees' Retirement System before and after the pro posed legislation. The recommended employer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10.
Sincerely,
Is/ Donald M. Overholser Consulting Actuary

EMPLOYEES' RETIREMENT SYSTEM

SENATE BILL 435 (LC 21 3942S) (All amounts are in $ thousands)

Before

Increase Due to

Cost

Legislation

After Legislation

Legislation

Unfunded Actuarial Accrued Liability
Amount of the Annual Amortization of the Unfunded Actuarial Accrued Liability
Number of Years that the Unfunded Actuarial Accrued Liability would be Amortized
Annual Contribution
Normal Cost Accrued Liability
Sub-total Pickup
Employer Contribution Rate Currently in Effect
Employer Contribution Rate Recommended Due to Minimum Funding Standards

$896,073

$111,600

10
Annual % Amount

4.44% $ 79,920 6.20 111,600

10.64% $191,520

4.75

85,500

15.39% $277,020

15.39% $277,020

$896,073

$111,718

10
Annual % Amount

4.44% $ 80,005 6.20 111,718

10.64% $191,723

4.75

85,590

15.39% $277,313

15.39% $277,313

$0

$118

N/A
Annual % Amount

0.00% $ 85

0.00

118

0.00% $ 203

0.00

90

0.00% $ 293

0.00% $ 293

The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1994 actuarial valuation of the System, together with an estimated payroll of $1,800,000,000.

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1253

DELOITTE & TOUCHE LLP Actuarial, Benefits and Compensation Consulting 400 One Financial Plaza 120 South Sixth Street
Minneapolis, Minnesota 55402-1844 February 26, 1996
The Honorable Claude L. Vickers State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334
RE: SB 435 (Substitute) (LC 21 3942S) Fulton County Employees' Retirement System
Dear Mr. Vickers:
As requested, we have made an actuarial investigation of the estimated financial impact of SB 435 (LC 21 3942S) on the Fulton County Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
The Bill would allow certain employees of counties, who become employees of the Depart ment of Children and Youth Services as a result of the county juvenile detention services being transferred, to elect to become members of the Employees' Retirement System of Georgia or to remain in a local retirement system.
The data provided to us by Fulton County indicates that there are 59 active employees that would be eligible to transfer to the Employees' Retirement System. The combined payroll as of January 1, 1994 for these individuals is about $1,278,000.
From the employees perspective, a transfer to the ERS Plan would usually result in a smaller retirement benefit. However, the employee would be required to contribute less. In general, it is likely that older, long service, employees will remain in the Fulton County plan. We have assumed that all participants under age 50 will transfer to the ERS plan while all participants over age 50 will remain in the Fulton County Employees' Pension Plan.
The amount to be transferred to the ERS plan for each person electing to transfer is equal to the employee's contributions accumulated without interest plus employer contributions accumulated with interest. The amount transferred is limited to the amount of liability which would be created under the ERS plan.
Several assumptions were necessary due to information that was not available to us. To determine the employer contributions with interest, we needed to develop a history of past salaries, employee contribution rates, and interest accumulation rates.
Salary information was available only back to 1985. Salaries prior to 1985 were assumed to increase at 5.0% per year.
Employer contributions were provided for most participants back to 1982. Prior to that time the employer contribution matched the employee contribution. Our information on the employee contribution rate is limited to the current contribution rate. To determine the past employee contribution rates (and thus the past employer contribution rates) we assumed that the rate has been constant since the employee's date of hire.
The Bill says that the employer contributions should be accumulated with interest but it does not specify what rate should be used. We have assumed that interest credits will be at the rate used to determine the actuarial liability for each years valuation report.
The following table reflects the unfunded actuarial accrued liability and recommended em ployer contribution before and after the proposed legislation. The recommended employer

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contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands.

Unfunded Actuarial Accrued Liability
Amount of the Annual Amortization of the Unfunded Actuarial Accrued Liability
Number of Years that the Unfunded Actuarial Accrued Liability would be amortized
Annual Contribution
Normal Cost Accrued Liability

Before Legislation $106,333
9,214
18 % Amount 9.78% $16,252 5.55% $ 9,214

Increase Due to After Legislation Legislation

$106,162

$(171)

9,200

(14)

18 Amount

0 Amount

9.72% $16,145 (0.06)% $(107)

5.54% 9,200 (0.01)% $ (14)

Employer Contribution

Rate Currently in Effect 15.0% $24,926 15.0% $24,926

0%

$0

Employer Contribution*

Rate Recommended Due to

Minimum Funding

Standards

0.0% $0

0.0% $0

0%

$0

""Calculated at the end of the year after application of the credit balance

The total amount of funds transferred from the Fulton County Employee's Retirement Sys tem to ERS would be about $0.8 million. This amount consists of about $0.3 million in employee contributions and about $0.5 million in employer contributions accumulated with
interest.

The difference between the substitute Bill 435 and prior versions of Bill 435 is the removal of section He). This section allowed county juvenile detention employees, who were not members of a local retirement system upon the transfer of services to ERS, the ability to purchase prior service when they were not covered by a local retirement system. Since this service purchase cannot be used for credit in any local retirement system, it previously did not affect the unfunded liability of the Fulton County Employees' Retirement System. Therefore, removing this section has no impact on our results from the previous version of Bill 435.

Please feel free to call me at (612) 397-4027 or Doug Anderson at (612) 397-4063 if you have any questions.

Sincerely,
/s/ F. Jay Lingo, FSA Principal

The House substitute was as follows:

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 provide that certain employees of counties 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 shall be members of the Employees' Retirement System of Georgia unless they elect to remain in the local retirement system; to define certain terms;

TUESDAY, MARCH 12, 1996

1255

to provide for employer and employee contributions; to provide for a transfer of service; 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 auto matic 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 judges, court employees, and certain county employees, is amended by inserting immedi ately following Code Section 47-2-295.1 a new Code Section 47-2-295.2 to read as follows:
"47-2-295.2.
(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) Except as provided in subsection (c) of this Code section, any person who becomes an employee of the department as a result of a transfer of county juvenile detention services to the department shall become a member of this retirement system. Within 30 days of the day any such employee becomes a member of this retirement system, the board of trustees or other managing body of the applicable local retirement system shall pay to the board of trustees of this retirement system the total employee and employer contribu tions plus interest made by or on behalf of the employee to the local retirement system, together with accumulated interest thereon, and in addition the governing authority of the county may pay to the board of trustees of this retirement system on behalf of the employee such amount as such county governing authority deems appropriate, and the employee shall receive such creditable service in this retirement system as the total amount will allow without creating any accrued liability against this retirement system; provided, however, that no such person shall receive creditable service in excess of the accredited service previously rendered as an employee of the applicable local retirement system.
(cXD An employee subject to this Code section may elect to continue active member ship in the local retirement system, 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 subsection, such em ployee shall continue to pay the employee contributions required under the local retire ment system, and the department may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the depart ment may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer 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:
(A) If the employer contributions paid by the department exceed the employer contri butions applicable to all other employees of the local retirement system, the differ ence between the percentage rate of employer contributions paid by the department and the percentage rate of employer contributions applicable to all other employees

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of the local retirement system shall be applied to offset the percentage rate of em ployee contributions required of such state employees remaining in the local retire ment system; and
(B) If the employer contributions to be paid by the department under this subsection would exceed the total employee and employer contributions required under the lo cal retirement system, the department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system.
(2) An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges 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 employee shall not be entitled to health and life insurance benefits available to county employees. 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) 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 retirement 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.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Abernathy of the 38th moved that the Senate agree to the House substitute to SB 435.
Senator Glanton of the 34th moved that the substitute be printed.
On the motion, the yeas were 31, nays 0; the motion prevailed; the substitute was ordered printed, and action on the Abernathy motion was suspended subject to printing.
Upon distribution of the substitute, SB 435 was continued upon its consideration.
On the motion to agree to the House substitute, 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 Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt

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

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1257

Starr Stokes Tanksley

Taylor Thomas Thompson

Turner Tysinger

Voting in the negative were Senators Egan and Guhl.

Those not voting were Senators:

Blitch (excused) Johnson of 2nd

Land (excused) Walker

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 435.
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 1234. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th, Stephenson of the 25th and Stanley of the 50th:
A resolution relative to adjournment.
The Calendar was resumed.

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.
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:

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

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

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

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Those not voting were Senators:

Blitch (excused) Griffin Johnson of 2nd

Land (excused) Perdue

Thompson Tysinger

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

HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make purchases through the Department of Administrative Services, so as to provide that emer gency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.

Senator Thomas of the 10th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement.

Note: Conferees were appointed on March 15, 1996.

The Calendar was resumed.

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.
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 Burton
Cagle
Cheeks Clay
Crotts Day Dean
Edge Egan Farrow Gillis

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

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

TUESDAY, MARCH 12, 1996

1259

Those not voting were Senators:

Blitch (excused) Brown of 26th Griffin

Johnson of 2nd Kemp

Land (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 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.
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 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 Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Black Blitch (excused) Egan

Johnson of 2nd Land (excused)

Perdue Thomas

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

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.

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The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3876), so as to rename the authority; to add a member to the authority and provide for the qualifications, appointment, and term of office of such mem ber; to provide for veto power of the chairman and for overriding such veto; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3876), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1. Short title.
This Act shall be known and may be cited as the l?olk County Water, Sewage, and Solid Waste Authority Act.' The authority created by this Act is renamed the Polk County Water, Sewage, and Solid Waste Authority, and any reference to the Polk County Water Authority or to the authority shall be deemed to refer to the Polk County Water, Sewage, and Solid Waste Authority."
SECTION 2.
Said Act is further amended by inserting in Section 2 new subsections to be designated subsection (j) and subsection (k) to read as follows:
"(j) Notwithstanding any other provision of this section, there shall be a sixth member of the authority, who shall be a member of the Polk County Board of Commissioners who shall be appointed by such board. Notwithstanding any other provision of this section, such member shall be appointed for a term of one year and may serve an unlimited number of terms as long as such member continues to be a member of the Polk County Board of Commissioners. Notwithstanding any other provision of this section, such member shall not be required to be a user of the facilities of the authority or to reside outside the corporate limits of a municipality. Notwithstanding any other provision of this section, any vacancy in the position of the sixth member shall be filled for the unexpired term by appointment of the Polk County Board of Commissioners.
(k) Any resolution of the authority may be vetoed by the chairman following the adoption of such resolution. To veto a resolution, the chairman shall send or cause to be sent to each other member of the authority a written message specifying the resolution vetoed and the reason for such veto within ten days following the adoption of such resolution. At the following meeting of the authority, if four members of the authority vote to over ride the veto of the chairman, the resolution shall be adopted as the policy of the authority."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 689.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 689.
The Calendar was resumed.

TUESDAY, MARCH 12, 1996

1261

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". Senate Sponsor: Senator Pollard of the 24th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1338:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act"; to state legislative findings; to define terms; to provide for certification and regulation of managed health care plans by the Commissioner of Insurance; to require certain disclosures to enrollees in such plans; to specify certain standards with respect to access to health care services by enrollees; to spec ify certain standards with respect to quality assurance programs of such plans; to prohibit financial incentives which limit medically necessary and appropriate care; to prohibit plans from penalizing a physician or health care provider for discussing medically necessary or appropriate health care; to provide for certain conditions under which coverage must be provided for certain benefits; to specify standards for accuracy and confidentiality of pa tient records; to change the provisions relating to definitions regarding health maintenance organizations; to require certain disclosures to enrollees in health maintenance organiza tions; to require certain coverage in health benefit plans; to provide for other related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 20 a new Chapter 20A to read as follows:
"CHAPTER 20A
33-20A-1.
This chapter shall be known and may be cited as the 'Patient Protection Act of 1996.'
33-20A-2.
(a) The General Assembly finds and declares that it is a vital government concern that the citizens of the State of Georgia have access to quality health care services and that informed consumers will be better able to identify and select plans that offer quality health care services if they are provided specific information before they enroll in health care plans. As the health care market becomes increasingly dominated by health care plans that use managed care techniques that include decisions as to the appropriateness of care, the General Assembly finds and declares that it is a vital government function to protect patients from managed care practices which have the effect of denying or limiting appropriate care. The General Assembly further finds that it is the public policy of the State of Georgia that physicians and health care providers be encouraged to advocate for medically appropriate health care for their patients.
(b) To achieve these ends, the General Assembly declares it necessary for the Commis sioner of Insurance to certify qualified managed care plans to conduct business in the State of Georgia and for the Commissioner of Insurance to establish standards for such certification.

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33-20A-3.
As used in this chapter, the term:
(1) 'Commissioner' means the Commissioner of Insurance.
(2) 'Emergency services' or 'emergency care' means those health care services that are provided for a condition of recent onset and sufficient severity, including but not lim ited to severe pain, that would lead a prudent layperson, possessing an average knowl edge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy;
(B) Serious impairment to bodily functions; or
(C) Serious dysfunction of any bodily organ or part.
(2.1) 'Enrollee' means an individual who has elected to contract for or participate in a managed care plan for that individual or for that individual and that individual's eligi ble dependents.
(3) 'Health care provider' or 'provider' means any physician, dentist, podiatrist, phar macist, optometrist, psychologist, clinical social worker, advance practice nurse, regis tered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, occupational therapist, speech language pathologist, audiologist, dietitian, or physician's assistant.
(4) 'Limited utilization incentive plan' means any compensation arrangement between the plan and a health care provider or provider group that has the effect of reducing or limiting services to patients.
(5) 'Managed care contractor' means a person who:
(A) Establishes, operates, or maintains a network of participating providers;
(B) Conducts or arranges for utilization review activities; and
(C) Contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan.
(6) 'Managed care entity' includes an insurance company, hospital or medical service plan, hospital, health care provider network, physician hospital organization, health care provider, health maintenance organization, health care corporation, employer or employee organization, or managed care contractor that offers a managed care plan.
(7) 'Managed care plan' means a major medical and hospitalization plan that provides for the financing and delivery of health care services to persons enrolled in such plan through:
(A) Arrangements with selected providers to furnish health care services;
(B) Explicit standards for the selection of participating providers; and
(C) Cost savings for persons enrolled in the plan to use the participating providers and procedures provided for by the plan;
provided, however, that the term 'managed care plan' does not apply to Chapter 9 of Title 34, relating to workers' compensation.
(8) 'Out of network' or 'point of service' refer to health care items or services provided to an enrollee by providers who do not belong to the provider network in the managed care plan.
(8.1) 'Patient' means a person who seeks or receives health care services under a man aged care plan.
(9) 'Qualified managed care plan' means a managed care plan that the Commissioner certifies as meeting the requirements of this chapter.

TUESDAY, MARCH 12, 1996

1263

33-20A-4.
(a) In addition to other requirements of law, prior to offering a managed care plan to any resident in Georgia, a managed care entity must first obtain a certificate from the Com missioner of Insurance indicating that such managed care plan meets the requirements of this chapter. The Commissioner may impose such costs, by rule or regulation, on man aged care entities as deemed necessary to carry out the provisions of this chapter.
(b) The Commissioner shall establish procedures for the periodic review and recertification of qualified managed care plans.
(c) The Commissioner shall terminate the certification of a qualified managed care plan, revoke or suspend the license of a managed care entity, or in lieu thereof impose a mone tary penalty in accordance with Chapter 2 of this title, if the Commissioner determines that such plan no longer meets the applicable requirements for certification or violates any provision of this chapter. Before effecting any such sanction, the Commissioner shall provide the plan with notice and opportunity for a hearing on the proposed sanctions. Nothing in this Code section shall be construed as precluding other remedies at law.
(d) The Commissioner shall establish a process for certification through alternative methods providing that:
(1) An eligible organization, as defined in Section 1876(b) of the federal Social Security Act, shall be deemed to meet the requirements of subsections (a) and (b) of this Code section for certification as a qualified managed care plan; or
(2) If the Commissioner finds that a national accreditation body has established re quirements for accreditation of a managed care entity which offers a managed care plan that are at least equivalent to the requirements established under this chapter and that the eligible organization and its plans comply with the requirements of such national accreditation body, then such organization and its plans shall be deemed to meet the requirements of subsections (a) and (b) of this Code section.
33-20A-5.
The Commissioner shall establish standards for the certification of qualified managed care plans that conduct business in this state. Such standards must include the follow ing provisions:
(1) Disclosure to enrollees and prospective enrollees.
(A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclo sure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a stan dardized form containing information regarding all of the following for each plan it offers:
(i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided;
(ii) Rules regarding copayments, prior authorization, or review requirements in cluding, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service;
(iii) Potential liability for cost-sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary;
(iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network);

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(v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request;
(vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this chapter;
(vii) An explanation of what constitutes an emergency situation and what consti tutes emergency services;
(viii) The existence of any limited utilization incentive plans;
(ix) The existence of restrictive formularies or prior approval requirements for pre scription drugs. An enrollee or a prospective enrollee shall be entitled, upon re quest, to a description of specific drug and therapeutic class restrictions;
(x) The existence of limitations on choices of health care providers;
(xi) A statement as to where and in what manner additional information is avail able; and
(xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Cop ies of such summary shall be made available at reasonable costs.
(B) Such information shall be disclosed to each enrollee under this chapter at the time of enrollment and at least annually thereafter.
(C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph;
(2) Access to services. A managed care entity must demonstrate that its plan:
(A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services;
(B) When medically necessary provides health care services 24 hours a day and seven days a week; and
(C) Provides payment or reimbursement for emergency services and out-of-area serv ices; and
(3) Quality assurance program. A managed care plan shall comply with the following requirements:
(A) A managed care plan must have arrangements, established in accordance with regulations of the Commissioner, for an ongoing quality assurance program for health care service it provides to such individuals; and
(B) The quality assurance program shall:
(i) Provide for a utilization review program which, in addition to the requirements of Chapter 46 of this title:
(I) Stresses health outcomes;
(II) Provides for the establishment of written protocols for utilization review, based on current standards of the relevant health care profession;
(III) Provides review by physicians and appropriate health care providers of the process followed in the provision of such health care services;
(IV) Monitors and evaluates high volume and high risk services and the care of acute and chronic conditions;
(V) Evaluates the continuity and coordination of care that enrollees receive; and
(VI) Has mechanisms to detect both underutilization and overutilization of serv ices; and

TUESDAY, MARCH 12, 1996

1265

(ii) Establish a grievance procedure which provides the enrollee with a prompt and meaningful hearing on the issue of denial, in whole or in part, of a health care treatment or service or claim therefor. Such hearing shall be conducted by a panel of not less than three persons, at least one member of which shall be a physician other than the medical director of the plan and at least one member of which shall be a health care provider competent by reason of training and licensure in the treatment or procedure which has been denied. The enrollee shall be provided prompt notice in writing of the outcome of the grievance procedure. In the event the outcome of the grievance is favorable to the enrollee, appropriate relief shall be granted without delay. In the event the outcome is adverse to the enrollee, the notice shall include specific findings related to the care, the policies and proce dures relied upon in making the determination, the physician's and provider's rec ommendations, including any recommendations for alternative procedures or services, and a description of the procedures, if any, for reconsideration of the ad verse decision.
33-20A-6.
A managed care plan may not use a financial incentive program that directly compen sates a health care provider for ordering or providing less than medically necessary and appropriate care to his or her patients. Nothing in this Code section shall be deemed to prohibit a managed care entity from using a capitated payment arrangement consistent with the intent of this Code section.
33-20A-7.
No health care provider may be penalized for discussing medically necessary or appropri ate care with or on behalf of his or her patient.
33-20A-8.
Each managed care plan shall establish procedures to safeguard the privacy of individu ally identifiable patient information and to maintain accurate and timely records for patients.
33-20A-9.
Every managed care plan shall include provisions that:
(1) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initi ate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. If in the opinion of the emergency health care provider, a patient's condition has stabi lized and the emergency health care provider certifies that the patient can be trans ported to another facility without suffering detrimental consequences or aggravating the patient's condition, the patient may be relocated to another facility which will pro vide continued care and treatment as necessary; and
(2) When a managed care plan uses a restrictive formulary for prescription drugs, such use shall include a written procedure whereby patients can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when:
(A) The formulary's equivalent has been ineffective in the treatment of the patient's disease or condition; or
(B) The formulary's drug causes or is reasonably expected to cause adverse or harm ful reactions in the patient.
33-20A-10.
Nothing in this chapter shall apply to Chapter 9 of Title 34, relating to workers' compensation."

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JOURNAL OF THE SENATE

SECTION 1.2.
Said title is further amended by striking paragraph (2) of Code Section 33-21-1, relating to definitions regarding health maintenance organizations, and inserting in its place the following:
"(2) 'Enrollee' means an individual who has been enrolled in a health benefits ylan elected to contract for or participate in a health benefits plan for that individual or for that individual and that individual's eligible dependents."
SECTION 1.3.
Said title is further amended by adding immediately following paragraph (7) of said Code section a new paragraph to read as follows:
"(7.1) 'Patient' means a person who seeks or receives health care services from a health maintenance organization."
SECTION 2.
Said title is further amended in Code Section 33-21-13, relating to evidence of coverage under a health maintenance organization, by striking paragraph (3) of subsection (c) in its entirety and inserting in its place the following:
"(3) A clear and complete hUlemeiil, if a contiait, ui a reasonably complete summary,
il a Ccl LiiiCiltc, OI7
(.A./ IT1S 1163.1111 ClTti Sci ViCGS cliiCl tllC IllSUi jiilCS 01* Gtllcl1 L/ciitiliLS, it ekiiy, tO WTliCii tll*i
eiirollee is entitled undei the health benefits plan,
\\j) Ally liiiiiLiiLiOiiS OH w.16 SG^ViCcS, Kj.ilu. 01 Sei'ViCcSj DcilctltSj Oi' KJ.J.IU 01 DciictltS LO O^
icrG 3.H.Q in WTlElt lUflnncl* iillOn
(D) The total amount of payment for health care seivim, and the indemnity or ser-
V1C6~ T)611ctltiSj II 3Tiy, Wll'jtCri Ctl6"cHrOli66 IS ODll3.Xcu. tO ^t'ay Wltll TcS|jcCt UO iilulVtuULl
uuiitrauts or an indication whetliei1 the plan ib ctmUibuluiy or noiicoaU'ibiitoi'y with
i copcut LO ^i'OUp Ocl tlliCaLtifa, Unu
(E) A clear and uiideih laudable desciiption of Iha health maintenance organization's
illGtllGu. IO1 t'cSOlViil^ 6Ht*Oll66Ti01Ilpi3.iiltS, cltlCl
(3) A disclosure to enrollees and prospective enrollees who inquire as individuals into Hie plan or plans offered by the health maintenance organization the information re quired by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it otters:
(A) The health care services or other benefits under the plan offered as well as limi tations on services, kinds of services, benefits, or kinds of benefits to be provided;
(B) Rules regarding copayments, prior authorization, or review requirements includ ing, but not limited to, preauthorization review, concurrent review, postservice re view, or postpayment review that could result in the enrollee's being denied coverage or provision of a particular service; (C) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (D) The financial obligations of the enrollee, including premiums, deductibles, copay ments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network);

TUESDAY, MARCH 12, 1996

1267

(E) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request;
(F) Enrollee rights and responsibilities, including an explanation of the grievance process provided under Chapter 20A of this title;
(G) An explanation of what constitutes an emergency situation and what constitutes emergency services, as defined in Chapter 20A of this title;
(H) The existence of any limited utilization incentive plans as defined in Chapter 20Aof this title;
(I) The existence of restrictive formularies or prior approval requirements for pre scription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; ami
(J) The existence of limitations on choices of health care providers."
SECTION 3.
Said title is further amended in Chapter 21, relating to health maintenance organizations, by adding after Code Section 33-21-18 a new Code Section 33-21-18.1 to read as follows:
"33-21-18.1.
Every health benefits plan of every health maintenance organization shall include provi sions that:
(1) In the event a patient seeks emergency services and if necessary in the opinion of the health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate neces sary intervention necessary to stabilize the condition of the patient without seeking or receiving prospective authorization by the health maintenance organization or health benefits plan. If in the opinion of the emergency health care provider a patient's condi tion has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggravating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and
(2) When a health maintenance organization uses a restrictive formulary for prescrip tion drugs, such use shall include a written procedure whereby patients can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when:
(A) The formulary's equivalent has been ineffective in the treatment of the patient's disease or condition; or
(B) The formulary's drug causes or is reasonably expected to cause adverse or harm ful reactions in the patient."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Pollard of the 24th and Dean of the 31st offered the following amendment:
Amend the committee substitute to HB 1338 by striking "and hospitalization" and in serting ", hospitalization, or dental" on lines 30 and 31 of page 3.
On the adoption of the amendment, the yeas were 32, nays 0; and the Pollard and Dean amendment to the committee substitute to HB 1338 was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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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 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 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:

Blitch (excused) Land (excused)

Oliver Thomas

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Pollard of the 24th moved that HB 1338 be immediately transmitted to the House.
On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 1338 was im mediately transmitted.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend SB 733 by striking line 10 of page 39 and inserting in lieu thereof the following:
"election on the date of the general primary in July,".
Senator Farrow of the 54th moved that the Senate agree to the House amendment to SB 733.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 733.

TUESDAY, MARCH 12, 1996

1269

The following bills were read the first time and referred to committee:
HB 1872. By Representative Breedlove of the 85th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to State and Local Governmental Operations Committee.
HB 1880. By Representatives Mann of the 5th, Kinnamon of the 4th and Lifsey of the 6th:
A bill to increase the homestead exemption from Whitfield County ad valorem taxes for county purposes and provide for conditions and procedures relating thereto.
Referred to State and Local Governmental Operations Committee. Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:25 P.M., the President announced the Senate adjourned.

1270

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 13, 1996
Thirty-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 Balfour of the 9th moved that the Senate reconsider its action in passing the following bill of the House:
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.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate recon sidered its action in passing HB 1745, and the bill was placed at the bottom of the Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
SB 428. By Senators Starr of the 44th, Cheeks of the 23rd and Perdue of the 18th:
A bill to change provisions of the Official Code of Georgia Annotated, relating to the authority of political subdivisions of the state to enter into multiyear con tracts; to amend Code Section 20-2-506 of the Official Code of Georgia Annotat ed, relating to multiyear contracting powers of school systems, so as to provide that such contracting powers shall not apply with respect to real property.
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.
SB 698. By Senator Starr of 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, MARCH 13, 1996

1271

SB 549. By Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and others:
A bill to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Military College, so as to change the provi sions relating to the composition of the Board of Trustees of the Georgia Military College; 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.
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.
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.
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.
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.
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.
SB 777. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.

1272

JOURNAL OF THE SENATE

HB 1207. By Representative Connell of the 115th:
A bill to create the Augusta-Richmond Consolidated Government Coliseum Au thority Act.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 570. By Senator Hill of the 4th:
A resolution designating a certain portion of U.S. Highway 280 as the Aden Massey Highway.
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".
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".
SR 385. By Senator Farrow of the 54th:
A resolution designating the Brigadier General John R. Hullender Highway.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Chapter 11 of the Title 2 of the Official Code of Georgia Annotat ed, 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.
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.
SB 587. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:
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.

WEDNESDAY, MARCH 13, 1996

1273

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.
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.
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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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 House has agreed to the Senate substitutes to the following bills of the House.
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.

1274

JOURNAL OF THE SENATE

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 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 agreed to the Senate amendments to the following bills of the House:
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 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 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 House has agreed to the Senate amendment to the following resolution of the House:
HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.
The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bills 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 Speaker has appointed on the part of the House, Representatives Coleman of the 142nd, Buck of the 135th and Walker of the 141st.

WEDNESDAY, MARCH 13, 1996

1275

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 Speaker has appointed on the part of the House, Representatives Dobbs of the 92nd, McBee of the 88th and Stephenson of the 25th.
The following bill was read the first time and referred to committee:

HB 1207. By Representative Connell of the 115th:

A bill to create the Augusta-Richmond Consolidated Government Coliseum Au thority Act.

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 resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 447. Do pass.

HR 973. Do pass.

HR 876. Do pass as amended.

HR 1006. Do pass.

HR 884. Do pass as amended.

HR 1017. Do pass.

HR 887. Do pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

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

HB 1399. Do pass.

HB 1771. Do pass.

HB 1561. Do pass.

HR 885. Do pass.

HB 1587. Do pass.

HR 1129. Do pass.

HB 1589. Do pass by substitute.

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

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JOURNAL OF THE SENATE

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 1614. Do pass by substitute.
Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President: The Committee on Insurance & 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 1492. Do pass.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:
The Committee on Insurance & 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 follow ing recommendations:

HB 1494. Do pass as amended.

HB 838. Do pass by substitute.

HB 1404. Do pass by substitute.

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

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

HB 1256. Do pass by substitute.

HB 1570. Do pass.

HB 1341. Do pass.

HB 1644. Do pass.

HB 1365. Do pass.

HB 1788. Do pass by substitute.

HB 1560. Do pass.

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 House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 1636. Do pass.

HB 1760. Do pass.

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

WEDNESDAY, MARCH 13, 1996

1277

Mr. President: The Committee on Transportation has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1689. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

Mr. President:

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

HB 1155. Do pass.

HR 1074. Do pass.

Respectfully submitted, Senator Harbison of the 15th 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 407. Do pass.
Respectfully submitted, Senator Cheeks of the 23rd 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 1761. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 315. Do pass by substitute.

HB 1322. Do pass by substitute.

HB 1295. Do pass.

HB 1467. Do pass.

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

1278

JOURNAL OF THE SENATE

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 1630. Do pass as amended.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

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

HB 625. Do pass.

HB 1682. Do pass by substitute.

HB 843. Do pass.

HB 1840. Do pass.

HB 1447. 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 840. Do pass.

HB 1556. Do pass.

HB 1231. 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 1584. Do pass.

HB 1683. Do pass as amended.

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

Mr. President:

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

SB 784. Do pass.

HB 1708. Do pass.

HB 1511. Do pass.

HB 1793. Do pass.

HB 1631. Do pass.

HB 1796. Do pass.

HB 1672. Do pass.

HB 1810. Do pass.

HB 1676. Do pass.

HB 1814. Do pass.

WEDNESDAY, MARCH 13, 1996

1279

HB 1815. Do pass. HB 1817. Do pass. HB 1818. Do pass. HB 1819. Do pass. HB 1820. Do pass. HB 1821. Do pass. HB 1823. Do pass. HB 1827. Do pass. HB 1829. Do pass. HB 1830. Do pass. HB 1835. Do pass. HB 1836. Do pass. HB 1841. Do pass. HB 1844. Do pass.

HB 1845. Do pass. HB 1850. Do pass. HB 1852. Do pass. HB 1856. Do pass. HB 1857. Do pass. HB 1860. Do pass. HB 1862. Do pass. HB 1865. Do pass. HB 1870. Do pass. HB 1871. Do pass. HB 1874. Do pass. HB 1877. Do pass. HB 1878. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

HB 315 HB 1155 HB 1399 HB 1556 HB 1589 HB 1683 HB 1840 HR 973

HB 407 HB 1256 HB 1404 HB 1560 HB 1614 HB 1689 HR 447 HR 1006

HB 625 HB 1295 HB 1447 HB 1561 HB 1630 HB 1760 HR 876 HR 1017

HB 838 HB 1322 HB 1467 HB 1570 HB 1636 HB 1761 HR 884 HR 1074

HB 840 HB 1341 HB 1492 HB 1584 HB 1644 HB 1771 HR 885
HR 1129

HB 843 HB 1365 HB 1494 HB 1587 HB 1682 HB 1788 HR 887

Senator Walker of the 22nd moved that Senator Stokes of the 43rd be excused due to pressing business.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Stokes 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 Lamutt Land

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

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Thomas Turner

Tysinger Walker

Those not answering were Senators:

Abernathy Cheeks Kemp

Langford Marable

Stokes (excused) Thompson

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, Dr. Wayne Hamrick, pas tor of the Atco Baptist Church, Cartersville, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 651. By Senator Cheeks of the 23rd: A resolution commending the Curtis Baptist High School girls' basketball team.

SR 652. By Senator Cheeks of the 23rd:
A resolution commending the Hephzibah High School Lady Rebels girls' basket ball team.

SR 653. By Senator James of the 35th: A resolution commending Hapeville Elementary School.

SR 655. By Senator Broun of the 46th: A resolution commending the Cedar Shoals High School Jaguars football team.

SR 656. By Senator Stokes of the 43rd:
A resolution commending Harold Francis Parrott, the Road Secretary for the 1947 Brooklyn Dodgers.

SR 657. By Senator James of the 35th:
A resolution commending the Life Sharing Foundation, Inc., and 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 commending the Life Sharing Foundation, Inc., for its effort to establish a model environmental vocational ed ucation and job training program at the George Washington Carver High School in Atlanta, Georgia,

SR 658. By Senators Burton of the 5th and Tysinger of the 41st:
A resolution commending the Tucker High School Varsity Boys Basketball Team.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

WEDNESDAY, MARCH 13, 1996

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SENATE LOCAL CONSENT CALENDAR
Wednesday, March 13, 1996 THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 784 Guhl, 45th WALTON COUNTY
An Act to amend an Act providing for a change in the compensation of the Sher iff, Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners to reflect increases in the cost of living, so as to change the base salary for such county officers.
HB 1511 Guhl, 45th WALTON COUNTY
An Act to provide that the judge of the Probate Court shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.
HB 1631 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
An Act to amend the "Atlanta Enterprize Zone Act," so as to change the provi sions relating to the duration of zones created for residential purposes.
HB 1672 Egan, 40th Newbill, 56th CITY OF ROSWELL
An Act to provide a homestead exemption from all ad valorem taxes for any city purposes, excluding 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 of age or older if the gross income of such resident does not exceed $40,000.00.
HB 1676 Johnson, 2nd Kemp, 3rd BRYAN COUNTY
An Act to amend an Act abolishing the offices of tax-receiver and tax-collector and creating the office of tax commissioner, so as to change the provisions relat ing to the compensation and benefits of such officers.
HB 1708 Edge, 28th PEACHTREE CITY
An Act to amend an Act creating the Peachtree Water and Sewerage Authority, so as to change a definition.

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HB 1793 Griffin, 25th BALDWIN COUNTY
An Act to amend an Act creating county courts (now state courts) in certain designated 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.
HB 1796 Newbill, 56th Day, 48th CITY OF DULUTH
An Act to amend an Act entitled "An Act providing a new city charter, so as to amend the description of the corporate limits of said city.
HB 1810 Griffin, 25th PUTNAM COUNTY
An Act to amend an Act placing the coroner upon a monthly salary in lieu of the fee system, so as to change compensation of the coroner and deputy coroner.
HB 1814 Clay, 37th Ralston, 51st CITY OF WOODSTOCK
An Act 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 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
An Act 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 1817 Griffin, 25th PUTNAM COUNTY
An Act 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 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 Griffin, 25th PUTNAM COUNTY
An Act to amend an Act creating the Board of Commissioners, so as to change the compensation for members of the board of commissioners.
HB 1819 Griffin, 25th PUTNAM COUNTY
An Act to amend an Act consolidating the offices of collector and tax receiver, so as to change the provisions relating to the compensation of the tax commission er.

WEDNESDAY, MARCH 13, 1996

1283

HB 1820 Griffin, 25th PUTNAM COUNTY
An Act to provide for the compensation for the judge, the solicitor, and the clerk of the state court of Putnam County.
HB 1821 Griffin, 25th PUTNAM COUNTY
An Act to amend an Act making provisions for the Magistrate Court, so as to change provisions relating to compensation for the chief magistrate, the senior magistrate, the junior magistrate, and the magistrate clerk.
HB 1823 Crotts, 17th Guhl, 45th NEWTON COUNTY
An Act to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
HB 1827 Bowen, 13th CITY OF WARWICK
An Act 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 1841 Hooks, 14th LEE COUNTY
An Act to amend an Act creating the Lee County Utilities Authority, so as to provide for certain powers of the authority.
HB 1844 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA'
An Act to amend the "Atlanta Urban Enterprise Zone Act," so as to change the provisions regarding the minimum acreage witin certain such zones.
HB 1845 Broun, 46th CITY OF ATHENS CLARKE COUNTY
An Act 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.

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JOURNAL OF THE SENATE

HB 1850 Black, 53rd CHATTOOGA COUNTY
An Act to provide a $20,000.00 homestead exemption from certain ad valorem taxes levied for, by, 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 Pollard, 24th WILKES COUNTY
An Act to amend an Act providing for the election of members of the Board of Education, so as to provide, if approved by the voters, for nonpartisan primaries and elections for members of the Board of Education.
HB 1829 Bowen, 13th TURNER COUNTY
An Act to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the Official Code of Georgia Annotated.
HB 1830 Hooks, 14th LEE COUNTY
An Act to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County as a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," so as to abolish such office.
HB 1835 Black, 53rd Farrow, 54th WHITFIELD COUNTY
An Act 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 Ragan, llth Bowen, 13th COLQUITT COUNTY
An Act to provide homestead exemptions from ad valorem taxes for county pur poses 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 resi dents of that county who have annual incomes not exceeding $30,000.00 exclud ing certain benefits, and who are totally disabled paralyzed homeowners.
HB 1856 Walker, 22nd BURKE COUNTY
An Act to amend an Act relating to the compensation of the coroner, so as to increase the salary of the coroner.

WEDNESDAY, MARCH 13, 1996

1285

HB 1857 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
An Act to amend an Act creating a board of commissioners, so as to require abstention from voting under certain circumstances.
HB 1860 McGuire, 30th Glanton, 34th DOUGLAS COUNTY
An Act to amend an Act providing for the election districts for the board of edu cation, so as to provide for compensation of members.
HB 1862 Edge, 28th CITY OF GRANTVILLE
An Act to create the City of Grantville Utilities Authority; and for other pur poses.
HB 1865 Thomas, 10th Oliver, 42nd CITY OF DECATUR
An Act to amend an Act creating and establishing a new city charter, so as to change the corporate limits of the city.
HB 1870 Ragan, llth EARLY COUNTY
An Act to amend an Act creating the Board of Commissioners, so as to provide for staggered terms of office for members of such board.
HB 1871 McGuire, 30th CARROLL COUNTY
An Act to provide that the tax commissioners shall retain a specified percentage of educational funds collected by the said officer and remit the same to the gov erning authority to reimburse the county for the cost of collecting school taxes.
HB 1874 Boshears, 6th APPLING COUNTY
An Act to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court, so as to provide that such nonpartisan nomi nation and election of the judge of the Probate Court shall begin with the elec tion held in 1996.
HB 1877 Clay, 37th CITY OF KENNESAW
An Act to amend an Act creating a new charter, so as to change the provisions relating to the corporate limits of said city.

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HB 1878 Madden, 47th FRANKLIN COUNTY

An Act to amend an Act creating a new board of commissioners, so as to correct technical defects in the boundaries between two commission districts.

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 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 Perdue Pollard Ragan Ralston Ray Scott Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Clay Gochenour

Kemp Oliver Slotin

Stokes (excused) Tanksley Thompson

On the passage of all 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 Guhl of the 45th moved that all the bills on the Local Calendar be immediately transmitted to the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and all the bills on the Senate Local Calendar were immediately transmitted.
The following bill was taken up to consider House action thereto:

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.
Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as Conference Committee on the part of the Senate, the following: Senators Hooks of the 14th, Ray of the 19th and Walker of the 22nd.

WEDNESDAY, MARCH 13, 1996

1287

The following bill was taken up to consider House action thereto:
HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
Senator Boshears of the 6th moved that a Second Conference Committee be appointed on HB 338.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President ap pointed as a Second Conference Committee on the part of the Senate, the following: Sena tors Boshears of the 6th, Farrow of the 54th and Land of the 16th.
The following bill was taken up to consider House action thereto:
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 of administrative pur poses; to change the agency providing staff support for the panel.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative pur poses; to change the agency providing staff support for the panel; to repeal an obsolete provision relating to a review and report to be provided by December 31, 1993; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, is amended by striking in their entirety subsections (d), (g), (h), (i), and (j) and inserting in lieu thereof the following:
"(d) The panel shall be attached for administrative purposes only to the Criminal Ju&tice Cooi'dmaling Cotmcft Department of Human Resources. The Ciiminal Justice Coordinat ing Council Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Children's Trust Fund Commission shall provide such staff support as may be nec essary to enable the panel to discharge its duties under the law."
\) Afl6 JJ3il6i Sri3.ll SlSO CGlUJjic.rlGilSiV^ly IcVi^W lllc pOliClfib, pi-GOGO-llFtiS, 3.11Q GJjcl dtiGHS OI Lliti JJlViSiOil Or i.' nUiJ,y &HQ. vjlliiul'tiil Jjcl~ViC6S 01 LliG JJG^/cti1 1lllGliL OI llU.ill3.ll J.vcSOHtC6S Dy IJtbCGllibci' -L, J-fc/Oj nl &il tjlIGi't tO Gii.Su.i'fi COG1 uiJ13.llOlT OZ SOC13.1 Scf'vlCfiSj"ISW eilIGiTCc~
meat, and ciimmal and juvenile justice relating tu the prevention of child fatalities. The panel shall leport it!, findings to the Guvemoi, the Lieutenant Governor, aud the
op6iK.til OI LI16 ilOLiSfi HO IflXfei' L113.il UcC^IUDSi7
(h)-The panel shall also establish procedures for the conduct of investigations by subcom mittees into deaths of children and may obtain the assistance of child protection profes sionals in establishing such procedures.
trKh) The panel shall also review on an ongoing basis the policies, procedures, and operatidni of the Division of Family and Children Services of the Department of Human Re sources and whether modifications are necessary to help prevent child abuse and child fatalities.

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The panel shall also monitor implementation of the state child abuse prevention plan and make an annual report on the progress of implementation of such plan to the Governor, Lieutenant Governor, and Speaker of the House of Representatives."

SECTION 2.

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 493.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Egan Johnson of 1st

Kemp Stokes (excused)

Taylor Thompson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 493.
NOTICE OF MOTION TO RECONSIDER:

HB 1745 Gwinnett County; merit system; board members (SLGO--5th/48th/56th)
SENATE RULES CALENDAR Wednesday, March 13, 1996 THIRTY-SEVENTH LEGISLATIVE DAY

HB 1319 Excise tax; rental motor vehicles (Substitute) (F&PU--36th) Stanley--50th
HB 1317 Pesticides or hazardous chemicals; usage in certain areas (Substitute) (Ag --50th) Poston--3rd
HB 1227 Hazardous substances; repeal certain reporting fees (Amendment) (Nat R --47th) Hanner--159th

WEDNESDAY, MARCH 13, 1996

1289

HB 1487 Hotel--motel tax; county and municipal levies; authorization (Substitute) (F&PU--16th) Buck--135th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1996.)
HB 1283 Hospitals; sales proceeds used for indigent care; exception (H&HS--4th) Lane --146th
HB 1367 Special county 1% sales tax; resubmission of imposition question (F&PU--44th) Coleman--142nd
HB 1328 Council for Welfare Administration; create (H&HS--19th) Snow--2nd
HB 1398 Insurance; credit default, nonrecording, vendors' single interest (I&L--19th) Harbin--113th
SR 620 Senate Study Committee on Metro Atlanta Water, Sewer Services--create (Sub stitute) (Rules--40th)
HB 449 Employees' Retirement; GBI Narcotic Agent; prior service credit (Ret--34th) Shanahan--10th
HB 655 Accelerant detection dog; penalty for destroying or injuring (S Judy--18th) Wat son--139th
HB 1101 Intangible personal property tax; repeal (Substitute) (F&PU--44th) Buck --135th
HB 6 Intangible personal property tax; repeal; certain recordation limit (Substitute) (F&PU--44th) Buck 135th
HR 734 CA: Intangible personal property; class; repeal tax by general law (F&PU --44th) Buck--135th
HB 1160 Watercraft; life preservers; requirements (Nat R--20th) Carter--166th
HB 1030 Wills and estates; amend provisions (Amendment) (S Judy--40th) Chambless --163rd
HB 1388 Uniform Commercial Code; amend provisions (Judy--54th) Kinnamon--4th
HB 1519 State symbols; designate square dancing as official folk dance (YA&HE--5th) Davis--60th
HR 853 Dodge County; convey property (F&PU--19th) Coleman--142nd
HB 1575 Emergency medical facilities; evaluation and stabilization of patient (Amend ment) (H&HS--47th) Jones--71st
HB 1183 Health Maintenance Organizations (HMOs); employees providing information; restrictions (Substitute) (H&HS--llth) Ladd--59th
SR 615 Senate Study Committee on Front License Plates--create (Amendment) (Rules--52nd)
HB 1401 State courts of counties; judges; compensation (Substitute) (Judy--54th) Cham bless--163rd

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HB 1366 State governmental bodies; teleconference meetings (Amendment) (SLGO-G --16th) Irvin--45th
HB 1161 Watercraft; registration fee; private agents (Nat R--20th) Carter--166th
HB 1154 Prisons: medical service to inmates; cost (Substitute) (Corr--31st) Kinnamon --4th
HB 1375 Employment security; State-wide Reserve Ratio; repeal provisions (I&L--56th) Golden--177th
HB 1278 Common-law marriage; prohibit; exception (Substitute) (S Judy--2nd Mobley --69th
HB 1625 Distilled spirits and wine; prohibit sale below cost (C Aff--55th) Dixon--168th
HB 1632 Fair business practices; promotions; amend provisions (Substitute) (C Aff --55th) Skipper--137th
HB 1493 Examining boards; frivolous appeals; notification of felony convictions (Judy --42nd) Skipper--137th
HB 1525 Real estate; community association site manager (Substitute) (C Aff--44th) Watson--139th
HB 1299 Child custodians; appear before juvenile courts (Judy--12th) Baker--70th
HB 1272 Used motor vehicles; dealers and parts dealers; amend provision (C Aff--55th) Skipper--137th
HR 769 Blue Ribbon Study Committee on Funding of QBE Act; create (Amendment) (Ed--52nd) Godbee--145th
HB 1555 Controlled substances; trafficking; change penalties (Amendment) (S Judy-- 40th) Chambless--163rd
HB 1439 Motor vehicle insurance; cancellation or nonrenewal (I&L--29th) Heard--89th
HB 1583 Department of Human Resources; nursing home surveys; disclosure (Substi tute) (Judy--54th) Jones--71st
HB 1479 Bonds and recognizances; failure to appear; liability of surety (Amendment) (S Judy--12th) Randall--127th
HB 1290 Motor vehicle emission inspections; amend provisions (Nat R--28th) Jamieson--22nd
HB 1370 Unruly or delinquent children; certain detention; religious activities (Judy --26th) Sinkfield--57th
HB 1300 MARTA; reserve funds; use of earned interest (SLGO--G--34th) Sinkfield-- 57th
HR 873 World War I veterans; study possibility of monument to honor (D&VA--15th) Birdsong--123rd
HR 1001 Decatur County; convey property (F&PU--llth) Bates--179th

WEDNESDAY, MARCH 13, 1996

1291

HB 213 Superior Court Judges Retirement; creditable service; juvenile court judge (Ret--54th) Poston--3rd
Respectfully submitted, Is! Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third and put upon their passage:
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.
Senate Sponsor: Senator Scott of the 36th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1319:
A BILL To be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of certain excise taxes upon certain rental motor vehicles; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; to provide for procedures, conditions, and limitation; to provide for statutory construction; to provide for reimbursements and procedures; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupation taxes, is amended by adding immediately following Article 4 thereof a new article to read as follows:
"ARTICLE 5
48-13-90.
It is declared to be the purpose and intent of the General Assembly that:
(1) Each county and municipality in this state shall be authorized to levy certain excise taxes as provided in this article; and (2) Funds derived from such tax shall be made available for the purpose of promoting industry, trade, commerce, and tourism; for the provision of convention, trade, sports, and recreational facilities; and for public safety purposes. 48-13-91.
As used in this article, the term: (1) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or colli sion damage waiver but excluding all charges for motor fuel taxes or sales taxes. _ (2) Hental motor vehicle' means a motor vehicle designed to carry ten or fewer passen gers and used primarily for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state.

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(3) "Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value.
48-13-92.
Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Consti tution of the state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each district shall include all of the territory within the county except territory located within the boundaries of any municipality that imposes an excise tax on charges to the public for the rental or lease of rental motor vehicles under this article.
48-13-93.
(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxa ble event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. The tax levied pursuant to this article shall be levied or collected at the rate of 3 percent of the rental charges. The tax levied pursuant to this article shall be imposed only at the time when and place where a customer pays sales tax with respect to the rental charge. The customer who pays a rental charge that is subject to a tax levied as provided in this article shall be liable for the tax. The tax shall be paid by the customer to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental motor vehicle concern until it is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. The rental motor vehicle concern collecting the tax shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the rental motor vehicle concern. Every rental motor vehicle concern subject to a tax levied as provided in this article shall be liable for the tax at the applicable rate on the charges actually collected or the amount of taxes collected from the customers whichever is greater.
(2) A county or municipality levying an excise tax as provided in paragraph (1) of this subsection shall only levy such tax by ordinance which shall specify with particularity the authorized projects or purposes, or both, for which proceeds of the tax are to be ex pended and shall apply in each fiscal year during which the tax is collected such tax proceeds for the purpose of:
(A) Promoting industry, trade, commerce, and tourism;
(B) Capital outlay projects consisting of the construction of convention, trade, sports, and recreational facilities, or public safety facilities, including the acquiring, construct ing, renovating, improving, and equipping of parking facilities, pedestrian walkways, plazas, connections, and other public improvements associated with such convention, trade, sports, and recreational facilities or public safety facilities or the retirement of debt issued with respect to such capital outlay projects; and
(C) Maintenance and operation expenses or security and public safety expenses associ ated with subparagraph (B) of this paragraph.
(3) Amounts collected pursuant to this article may be expended pursuant to a contract or contracts with a county, municipality, development authority, downtown development authority, urban redevelopment authority, recreation authority, or any combination of two or more of such entities. Nothing in this article shall be construed to limit the forma tion of intergovernmental contracts pursuant to the authority granted by Article IX, Sec tion III, Paragraph I of the Constitution of the state to accomplish the purposes described

WEDNESDAY, MARCH 13, 1996

1293

in paragraph (2) of this subsection including the construction and maintenance of facili ties located outside the special district within which the excise tax is levied and collected and which benefit the special district.
(4) Any tax levied pursuant to this article shall terminate not later than December 31, 2038. Following the termination of the tax, any county or municipality which has levied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article.
(5) No tax shall be imposed under this article on the rental charge associated with the rental or lease of a rental motor vehicle if either:
(A) The customer picks up the rental motor vehicle outside this state and returns it in this state; or
(B) The customer picks up the rental motor vehicle in this state and returns it outside this state.
(6) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(7) Any action by a local governing authority to impose the tax authorized under this Code section shall become effective no sooner than the first day of the month following the month of its adoption by the local governing authority.
(b) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county.
48-13-94.
Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submit ting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of deduction shall be 3 percent of the amount due but only if the amount due was not delinquent at the time of payment.
48-13-95.
The manner of imposition, payment, and collection of the tax and all other procedures re lated to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article.
48-13-96.
As a part of the audit report required under Code Section 36-81-7, the auditor shall in clude, in a separate schedule, a report of the revenues and expenditures pertaining to the tax under this article."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Land 16th offered the following amendment:
Amend the committee substitute to HB 1319
by inserting on p. 3, on line 40, between "with" and "subparagraph" the following:
"capital outlay projects funded pursuant to"
On the adoption of the amendment, the yeas were 42, nays 0; and the Land amend ment to the Committee substitute was adopted.

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Senator Balfour 9th offered the following amendment:
Amend the committee substitute to HB 1319 by striking on page 4 line 14 "2038" and inserting "2018". On the adoption of the amendment, Senator Balfour of the 9th 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 Cagle Cheeks
Clay

Day
Egan Glanton Gochenour Guhl

Henson
McGuire Newbill Pollard Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Boshears
Bowen Broun of 46th Brown of 26th Crotts Dean Edge Farrow Gillis Griffin Harbison

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

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

Not voting was Senator Stokes (excused).

On the adoption of the amendment, the yeas were 16, nays 39; and the Balfour amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 42, nays 3, 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.
On 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 Clay Crotts Dean Edge Farrow Gillis Griffin Harbison
Henson

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

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

WEDNESDAY, MARCH 13, 1996

1295

Those voting in the negative were Senators:

Balfour Black Brown of 26th Burton Cagle

Cheeks Day Egan Glanton Gochenour

Not voting was Senator Stokes (excused).

Guhl Newbill Pollard Tanksley Thompson

On the passage of the bill, the yeas were 40, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Scott of the 36th moved that HB 1319 be immediately transmitted to the House.
On the motion, the yeas were 37, nays were 2; the motion prevailed, and HB 1319 was immediately transmitted.
Senator Edge of the 28th moved that Senator Ralston of the 51st be excused due to business in the House. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Ralston was excused.
The following bill was taken up to consider House action thereto:

HB 148. By Representatives 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 expansion; 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 adhere to its substitute to HB 148 and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate, the following: Senators Madden of the 47th, Broun of the 46th and Kemp of the 3rd.
The following bill was taken up to consider House action thereto:

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 expirations 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.
The House amendments were as follows:
House Amendment #1
Amend SB 613 by adding after line 3 page 2 the following:
"SECTION 3.
This Act shall become effective upon the signature of the Governor or upon becoming law without his signature."

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House Amendment #2
Amend SB 613 by adding immediately following "to" on line 3 of page 1 the following:
"clarify the provisions relating to the duration of school superintendent employment con tracts so as to prohibit certain extensions; to:".
By striking lines 13 and 14 of page 1 and inserting in their place the following:
"superintendents, is amended by striking subsections (a) and (e) thereof and inserting in their respective places the following:
'(a) Superintendents of each school system shall be employed by the local board of educa tion under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contract with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15,1993, as long as that contract was valid at such time.'"
Senator Marable of the 52nd moved that the Senate agree to the House amendments to SB 613.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Hooks (excused conferee)

James Ray (excused conferee)

Scott Stokes (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 613.
Senator Lamutt of the 21st introduced the doctor of the day, Dr. William E. Snell of Marietta, Georgia.

WEDNESDAY, MARCH 13, 1996

1297

The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, 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 definition; to change the provi sions relating to labeling of seeds; to change the provisions relating to the required contents of labels; to change the provisions relating to prohibited acts and to provide for additional prohibitions; to change the provisions relating to records and samples which must be kept and the inspection thereof; to change the provisions relating to the powers and duties of the Commissioner of Agriculture; to change the provisions relating to licensing and the revoca tion of licenses; to provide for penalties; to repeal certain provisions relating to itinerant vendors and bonds; to change the provisions relating to the power of the Commissioner to promulgate and enforce rules and regulations; to repeal provisions relating to the Seed Advisory Committee; to change the provisions relating to applicability of certain laws; to change the provisions relating to the certification of seeds and plants; to change certain definitions; to change references to certain organizations or associations; to change the pro visions relating to the Seed Arbitration Council and the duties, power, authority, practices, and procedures of such council; to change the provisions relating to complaints, fees, and forfeitures; to change the provisions relating to membership of the Seed Arbitration Coun cil; to provide for other matters related to seed; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by striking Article 2, known as the "Georgia Seed Law," in its entirety and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
2-11-20
This article may be cited as the 'Georgia Seed Law.' 2-11-21.
As used in this article, the term:
(1) 'Advertisement' means all representations, other than those on the label, dissemi nated in any manner or by any means, relating to any seed within the scope of this article.
(2) 'Agricultural seed' means the seeds of grass, forage, cereal, oil, and fiber crops and any other kinds of seeds commonly recognized within this state~as agricultural seed, lawn seed, and mixtures of such seeds and may include noxious weed seed when the Commissioner of Agriculture determines that such seed is being used as agricultural seed.

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(3) 'Bulk' means a volume of seed in a container larger than a typical individual packag ing unit for that kind, e.g., bulk bags and boxes, bins, trucks, rail cars, or barges.
(4) 'Coated or encrusted seed' means seed that has been covered by a layer or layers of materials that obscure the original shape and size of the seed resulting in a substantial weight increase. The addition of biologicals, pesticides, identifying colorants, dyes, polymers, and other ingredients can be included in this process.
(5) 'Dormant seed' means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question?
(3X6) 'Flower seeds seed' means the seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state.
\1/ liyDl. id COI'll SG^u, 2tS clppilGil tO IlclO. CGlHj ~SJW|fi it CGl'ii, OT pOpCGl'il, rileililS trie TirSt
^feilGl 3.tiOil Seed 01 Si Ct'OSS Jilciilti iiilCL3V COilti'OllGCl COriu.itiOHi> Ij^tWGGIl tWO Of lUOi'c St)in k.iilS
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other designations of hybrid corn shall be used as a vaiiely name.
(7) 'Germination' means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.
(8) 'Hard seed' means seed that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.
(9) 'Hybrid' means the first generation of a cross produced by controlling the pollination and by combining: (A) two or more inbred lines; (B) one inbred or a single cross with another single cross or with an open-pollinated variety; or (C) two varieties or species, except open-pollinated varieties of corn (Zea mays) and other open-pollinated crop kinds. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names and hybrids shall be labeled as hybrids?
(10) 'Inert matter' means all matter that not seed, which includes but is not limited to broken seeds, sterile florets, chaft', fungus bodies, and stones as determined by methods defined by rule. The percent inert matter shall not exceed 3 percent for hybrid field corn, nor 4 percent inert matter for other agricultural crop seed, except as established by rule for special crops. Inert matter will not include coating or pelleting material, fertilizer, or mulch, for which there are no limitations. --------------
(11) 'Inoculated seed' means seed that has received a coating of a preparation containing a microbial product, e.g., Rhizobium sp.
(5X12) 'Kind' means one or more related species or subspecies which singly or collectively are known by one common name, as, for example, corn, oats, alfalfa, and cotton.
(6X13) 'Labeling1 means all labels and a tag or other written, printed, or graphic repre sentations, in any foiiu whatsoever, on any container or accompanying ui pei laming to any seed, whether in lot of bulk seedsT/or in containers, including such representations as those on invoices, purporting to" set forth the information required on the seed label by this article.
(14) 'Lawn and turf pertains to seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications.
C?X15) 'Lot' means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which are required to appear in the labeling.
(16) 'Mixture,' 'mix,' or 'mixed' means seed consisting of more than one kind or variety or both, each in excess of 5 percent by weight of the whole.
(6X17) "Noxious weed seeds' include 'prohibited noxious weed seeds' and 'restricted nox ious weed seeds,' as defined in subparagraphs (A) and (B) of this paragraph, provided

WEDNESDAY, MARCH 13, 1996

1299

that the Commissioner of Agriculture may, through the promulgation of regulations, add to or subtract from the establish a list of seeds included under subparagraph subparagraphs (A) or and (B), whenever he the Commissioner finds that such additions ui hubtractions are within seeds conform to the respective definitions.
(A) 'Prohibited noxious weed seeds' means the seeds of perennial weeds, including iiul Giiiy triosc wtiicii reproduce Dy SC&Q DHL Jilto tiiosc wlncri sj^rc&cl by LLiiuci'gfi'otmu ioots,
SwilllS, ctHCi GlJtlGf i 6prGClU.CtiVii jjctl'CSj WtllCfl "WGfitiS)" WilSt! WSll tiStclDllfeliciJj cii'c lli^Jllly
destructive eiiiG. uiincuiii to conti'oi in tins fctctLti oy oi'd.in.si'y OOQ cu.itu.icti jpr3.ctic&. 3.1*6 those weed seeds used that are prohibited from being present in agricultural, vegeta ble, flower, tree, or shrub seed. They are the seed of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides.
(B) 'Restricted noxious weed seeds' means, the seeds of such weeds as are those weed seeds that are very objectionable in fields, lawns, and gardens of this state but can be controlled by good cultural practice.
(18) 'Other crop seed' means seed of plants grown as crops (other than the kind or variety included in the pure seed) as determined by methods defined by rule.
(19) 'Pelleted seed' means coated or encrusted seed that also improves the plantibility or singulation of the seed?
(9K20) Terson" means any an individual, partnership, corporation, company society, as sociation, receiver, trustee, or agent ui combination thereof.
tOK21) 'Private hearing" means a discussion of facts between the person charged with a violation and enforcement officers representatives of the Georgia Department of Agriculture.
til/ JrUrG SGGu, gGI illiilfttiOtl) cl.ilu OtflGl" SSGu. lLDI111' HIIQ C^Stiil^J t&ITUS 111 COiillllOll US"
age shall be defined as in the rules for seed testing published by the Association of Offi-
C13.I tnS&u AllSiyStS lilCr ill til & I1 tiClGl'fll o66Q A.CL clilO. tilS I'UIC
(22) "Pure seed' means all seeds of each kind and variety under consideration that are present in excess of 5 percent of the whole. Kinds or varieties shown on a label as compo nents of a mixture in amounts 5 percent or less of the whole may be considered pure seed when shown on a label as components of a mixture.
(2K23) 'Record' means all information relating to the lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, and distribution of the seed and includes a file sample thereof.
ftfft(24) 'Seed' means any vegetative material used in the propagation of a species the true~seeds of all field crops, vegetables, flowers, trees, and shrubs, and any naturally occurring vegetative propagule, excluding plant parts of hybrids.
(WX25) 'Seizure' means a legal process carried out by court order against a definite amount of seed.
(5}(26) 'Stop sale' means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed.
(ifrK27) 'Treated' means that the seed that has received aii application a minimal coyering according to the manufacturer's recommended rate of a substance or process which is designed to reduce; or control, or lepel certain disease organisms, insects, or other pests attacking such seed or seedlings growing therefrom or to otherwise improve the planting varne-of the seed and the covering substance may contain identifying colorants and dyes.
(WK28) Tree and shrub seeds' means seeds of woody plants commonly known and sold as tree or shrub seeds in this state.
(J6X29) "Variety' means a subdivision of a kind charactei iaed by giuwlh, yield, fruit, seeds, or that is distinct, uniform, and stable; 'distinct' in the sense that the variety can

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JOURNAL OF THE SENATE

be differentiated by one or more identifiable morphological, physiological, or other char-

other varieties of public knowledge; 'uniform' in the sense that the variations in essential and distinctive characteristics are describable; and 'stable' in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted.

H3X30) Vegetable seeds' means the seeds of those crops which are grown in gardens and

on truck, farms and are generally known and sold under the name of vegetable or herb

seeds in this state.

------

(20K31) Weed seeds' means the seeds of all plants generally recognized as weeds within this state, and determined by methods defined by rule, and includes the prohibited and restricted noxious weed seeds.
2-11-22.

(a) Labeling required. Each bag, container, package, or bulk of seeds which is sold, offered for sale, exposed for sale, or transported within this state for planting purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information specified in subsections (b) through tf) (j) of this Code section, which statement shall not be modified or denied in the labeling or on another label attached to the container. The labeler is responsible to assure that the required labeling is applied to each container or, in the case of bulk seed, that required labeling is shown on the invoice. All invoices and records pertaining to the shipment or sale of seed must show each lot number.

(b) Treated seeds. For all treated seeds, as defined in this article, for which a separate label may be used, the following information shall be given:
(1) A word or statement that the seed has been treated;
(2) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance and the rate of application;
(3) If harmful to human or other -veitebrate animals If the level of treatment exceeds the established tolerance or is not subject to an exemption to a tolerance, a caution statement such as "Do not use for food or feed or oil purposes.' The caution for mercuri als and similarly toxic substances shall be a poison statement or symbol and the label shall carry the words 'poison treated':; and

(4) If the seed is treated with inoculant, the label must state the inoculant manufac turer's lot number and expiration date as listed on the inoculant's original package.
(c) Agricultural seeds seed. For agriculture seeds seed the following information shall be given except for grass seed mixtures as provided in (d) of this Code section; and for hy brids that contain less than 95 percent hybrid seed as provided in (j) of this Code section:

(1) The commonly accepted name of kind and variety of each agricultural seed compo nent in excess of 5 percent of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word 'mixture' or the word 'mixed' shall be shown conspicuously on the label, pro vided that the Commissioner may, through the promulgation of regulations, allow cer tain kinds of seed to be labeled 'mixed' without showing the percentage of each variety present;
(2) The net weight;
(3) The lot number or other lot identification;
(4) The origin (state or foreign country);
(5) The percentage by weight of all weed seeds;
(6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

WEDNESDAY, MARCH 13, 1996

1301

(7) The percentage by weight of crop seeds other than those required to be named on the label;
(8) The percentage by weight of inert matter;
(9) For each named agricultural seed:
(A) The percentage of germination, exclusive of hard seed or dormant seed;
(B) The percentage of hard seette seed or dormant seed, if present; and
(C) The calendar month and year the test was completed to determine such percentage;
Following the information given pursuant to subparagraphs (A) and (B) of this para graph, the 'total germination and hard seed' or 'total germination and dormant seed' may be stated as such, if desired; and
(10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.
(d) For seed mixtures for lawn or turf purposes or both lawn and turf purposes the follow ing information shall be given:
(1) The word 'mixed' or 'mixture' shall be stated with the name of the mixture;
(2) The headings 'pure seed' and 'germination' or 'germ' shall be used in the proper places;
(3) The net weight;
(4) The lot number or other lot identification;
(5) Commonly accepted name of kind, variety, and origin of each agricultural seed com ponent in excess of 5 percent of the whole and the percentage by weight of pure seed in order of its predominance and in columnar form;
(6) Percentage by weight of agricultural seed other than those required to be named on the label (which shall be designated as 'crop seed');
(7) The percentage by weight of inert matter;
(8) Percentage by weight of all weed seeds;
(9) Noxious weeds that are required to be labeled will be listed under the heading 'noxious weed seeds'
(10) The calendar year or years in which the seeds were grown;
(11) For each agricultural seed named under paragraph (5) of this subsection;
(A) Percentage of germination, exclusive of dormant seed; and
(B) Percentage of dormant seed, if present; and
(C) The calendar month and year the test was completed to determine such percent ages. The test date for each component may be labeled or, if each component does not show a test date, the oldest test date shall be used for the mixture; and
(12) Name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within the state.
(e) For agricultural seeds that are coated or pelleted:
(1) Percentage by weight of pure seed with coating or pelleting material removed;
(2) Percentage by weight of coating or pelleting material;
(3) Percentage by weight of inert material exclusive of coating or pelleting material;
(4) Percentage of germination is to be determined on 400 pellets with or without seeds;
(5) In addition to the provisions of paragraphs (1) through (4) of this subsection, label ing of coated or pelleted seed shall comply with the requirements of Code Section 2-1122 for the specific seed kind.

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(f)(d) Vegetable seeds in containers of one pound in less: For vegetable seeds in contain

ers of one pound or less or preplanted containers, mats, tapes, or other planting devices,

the following information shail be given:

~~

(1) The name of kind and variety of seed;

(2) The lot number or other lot identification;

(2M3) The year for which the seed was packed for sale as 'Packed for

~~

'or the percent germination and the calendar month and year

the test was completed to determine the such percentage or germination;

(9X4) For seeds seed which germinate less than the standard last established by the Commissioner under this article:

(A) The percentage of germination, exclusive of hard seed or dormant seed;
(B) The percentage of hard seed or dormant seed, if present;
(C) The calendar month and year the test was completed to determine such percent age; and
(D) *Ffae For seed that germinate less than the standard last established by the Com missioner, the words 'below standard' in not less than eight point type; and must be printed or written with permanence on the face of the label, in addition to the other information required, provided that no seed marked 'below standard' shall be sold if it falls more than 20 percent below the established standard for such seed;
(4X5) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state:; am?

(6) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds From the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container;
Vegetable seeds in containers of more than one pound.
(1) For vegetable seeds in containers of more than one pound, the following information shall be given:
(A) The name of each kind and variety present in excess of 5 percent and the percent age by weight of each in order of its predominance;
(B) The net weight or seed count;
(flMC) The lot number or other lot identification;

(6KD) For each named vegetable seed:
(i) The percentage of germination, exclusive of hard seed or dormant seed;
(ii) The percentage of hard seed or dormant seed, if present; and
(iii) The calendar month and year the test was completed to determine such percentages;
Following the information given pursuant to such divisions (i) and (ii) of this subparagraph, the 'total germination and hard seed' or the 'total germination and dormant seed' may be stated as such, if desired; and
(E) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed tor sale within this state; and
(2) The labeling requirements for vegetable seeds in containers of more than one pound ihall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

^ LJOW^i63.S Stilu O&tS. Ally pl'OViSiOIi 01 t>niS~tlrClCi6 tO tli6 COIili'tii'y iiOLWLIiIl&leLlJ.ClTi!lg) COW-
GclS ctliQ OltS COllSlStlH Oi lUlXGu. V3.1M6tlGS lli&y Jjc SGlCl Oy IciUclili^ tjl16Hl~LS 1111X60. "COW" ftflo ~0t* iXnA&Q 0<1LS . i 116 J}6 1 CctIiLH^ci OI |5U.rG StittCl SH&.11 I ti^ji'cStillL 111 COAVJp6L Oi1 O<it5
i'GSciitj or~~Dotn, cmd & j^i'limisttioii tfist sristli D6 u&&t^cl upoii & uiiiioi~iii S3.rtipi^ or 3.11

WEDNESDAY, MARCH 13, 1996

1303

Va.lictl.co ni tfl6 lOt 01 S66Q. v/OWpGflS flflu (J3tS Sil3.ll DG 13.D616CI ITUX^u WH.tl tllSy COiTtcknl 111 3XC&SS OI tj pci Ccitt Xir OilS V3.IM.6ty 01 ill 6XC6SS 01 L pcinCGHT OI 3. COiil 131113.tlOIl OI Vli*i&tn5S
(h) For flower seed in packets prepared for use in home gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices, the follow ing information shall be given:
(1) For all kinds of flower seeds:
(A) The name of the kind and variety or a statement of type and performance charac teristics as prescribed in the rules promulgated under this article;
(B) The calendar month and year the seed was tested or the year for which the seed was packaged;
(C) The lot number or other lot identification;
(D) The net weight or seed count; and
(E) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this state;
(2) For flower seed kinds for which standard testing procedures are prescribed and that germinate less than the germination standard last established by rule under this article:
(A) Percentage of germination, exclusive or hard seed or dormant seed;
(B) Percentage of hard seed or dormant seed, if present; and
(C) The words 'below standard' in not less than eight-point type; and
(3) For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.
(i) For flower seed in containers other than packets and other than preplanted contain ers, mats, tapes, or other planting devices and not prepared for use in home tlower gar dens or household plantings, the following information shall be given:
(1) The name of the kind and variety or a statement of type and performance charac teristics as prescribed in the rules promulgated under this article and for wildilowers the genus and species and, if appropriate, the subspecies;
(2) The lot number or other lot identification;
(3) The net weight or seed count;
(4) For wildflower seed only with a pure seed percentage of less than 90 percent:
(A) The percentage, by weight, of each component listed in order of their predominance;
(B) The percentage by weight of weed seed if present; and
(C) The percentage by weight of inert matter;
(5) For those seed kinds for which standard testing procedures are prescribed;
(A) Percentage of germination, exclusive of hard seed or dormant seed;
(B) Percentage of hard seed or dormant seed, if present;
(C) The calendar month and year that this seed was tested or the year for which the seed was packaged; an5
(D) For flower seed kinds that germinate less than the germination standard last established by rule under this article, the words 'below standard' in not less than eight-point type;
(6) For those kinds of seed for which standard testing procedures are not available, the year of production or collection; and

1304

JOURNAL OF THE SENATE

(7) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.
(j) For hybrid agricultural and vegetable seed, the following is required:
(1) If any one kind or kind and variety of seed present in excess of 5.0 percent is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5.0 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 90 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of jnire seed that is hybrid seed. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90 percent hybrid seed;
(2) Hybrid wheat, hybrid millet, and other hybrids to be established by rule shall be labeled the same as all other hybrids except that if any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination shall be labeled to show the percent age of pure seed that is hybrid seed. No one kind or variety of seed shall be labeled as Fybrid if the pure seed contains less than 75 percent hybrid seed. Any seed containing less than 95 percent hybrids must be labeled as a mixture; and
(3) In addition to the provisions of paragraph (1) of this subsection, labeling of hybrid agricultural and vegetable seed shall comply with the requirements of Code Section 211-22 for the specific seed kind and, if appropriate, quantity.
2-11-23.
(a) No person shall sell, offer for sale expose for sale, or transport for sale any agricul tural, vegetable, flower, tree, or shrub seed within this state:
(1) Unless the test to determine the percentage of germination required in Code Sec tion 2-11-22 shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure tor sale, ottering for sale, or transportation. This prohibition does noFapply to agricul tural or vegetable seed in hermetically sealed containers. Agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions denned in rules and regulations promulgated under the provisions of this article may be sold, exposed Tor sale, or ottered for sale or transportation for a period of 24 months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in Hermetically sealed containers are sold, exposed tor sale, or offered for sale or transpor tation more than 24 months after the last day of the month in which they were tested" prior to packaging, they must have been retested within a nine-month period, exclu sive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;
(2) Not labeled in accordance with this article or having false, or misleading, or illegi ble labeling;
(3) Pertaining to which there has been a false or misleading advertisement;
(4) Consisting of or containing prohibited noxious weed seeds;
(5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this article or in excesi of the number declared on the label attached to the container of the seed or associated with the seed; or
(6) Represented to be 'certified seed,' 'registered seed,' or 'foundation seed,' unless it has been produced and labeled in accordance with the procedures and in compliance with rules and regulations of a legally authorized seed certification or registration agency?; or

WEDNESDAY, MARCH 13, 1996

1305

(7) Labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which a United States certificate of plant variety protection under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a class of certified seed, provided that seed from a certified seed lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.
(b) It shall be unlawful for any person within this state:
(1) To detach, alter, deface, or destroy any label provided for in this article or the rules and regulations made and promulgated hereunder or to alter or substitute seed in a manner that may defeat the purpose of this article;
(2) To disseminate any false or misleading advertisements concerning seeds in any manner that may defeat the purpose of this article;
(3) To hinder or obstruct, in any way, any authorized person in the performance of his or her duties under this article;
(4) To fail to comply with a 'stop sale' order or to move from the premises or dispose of any lot of seed or the tags attached thereto held under a 'stop sale' order, except with express permission of the enforcing officer and for the purpose specified thereby;
(5) To use the word 'trace' as a substitute for any statement which is required; or
(6) To use the words 'or better,' 'more than,' 'less than,' or similar words in connection with any information required on purity analyses:;
(7) To use the word 'type' in any labeling in connection with the name of any agricul tural seed variety; or
(8) To alter or falsify any seed label, seed test, laboratory report, record, or other docu ment pertaining to seed dealings for the purpose of defrauding or misleading the pur chaser or to create a misleading impression as to kind or variety, history, quality, or origin of seed. 2-11-24.
Each person whose name or approved A.M.S. code number or other approved designation appears on the label as handling seeds seed subject to this article shall keep, for a period of two years, complete records of each lot of agricultural, or vegetable, flower, tree, or shrub seed handled and shall keep, for one year, a file sample of each lot of seed after final dispo sition of such lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Commissioner or his the Commissioner's agent during customary business hoursT 2-11-25.
The duty of enforcing this article and the carrying out of its provisions and requirements shall be vested in the Commissioner of Agriculture, who may act through his or her author ized agents. He shall have authority:
(1) To sample, test, make analysis of, and inspect any seed transported, sold, or offered or exposed for sale within this state for planting purposes, at such time and place and to such extent as may be deemed necessary to determine whether such seed is in compli ance with this article;
(2) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected therewith subject to this article and rules and regulations promulgated hereunder;
(3) To issue and enforce a written or printed 'stop sale' order to the person or vendor of any seed which is in violation or is believed to be in violation of any of the provisions of this article or rules and regulations promulgated hereunder;
(4) To furnish adequate facilities for testing seed and to employ qualified persons for making such tests;

1306

JOURNAL OF THE SENATE

(5) To publish or cause to be published the results of the examination, analysis, and testing of any agricultural or vegetable seed sampled in accordance with this article, together with any other information that the Commissioner may deem advisable;
(6) To provide that any person in this state shall have the privilege of submitting seed samples for testing, subject to the charges made for samples submitted as prescribed in rules and regulations promulgated under this article; provided, however, that seed sam ples shall be tested without charge for farmers who do not have a seed license; and
(7) To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act.
2-11-26.
(a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished tor such purpose. A separate license shall be required for each place of business point of sale, from which seed are sold, offered for sale, or exposed tor sale. Out-of-state wholesale and retail seed dealers who sell or ship seed into this state shalTobtain a license in the same manner. Such licenses shall be valid until revoked as provided by subsection (b) uf (.his Cude section renewable in August of every third year following issuance. Seed dealer license fees shall be established by rule promulgated under this article.
\DJ Ally iiCfeilS6~ ISSUfeO. Uiltlcr tlliS iil tiClt; tll&y DC 1 GVOJvcCi. Dy tll^ i^GiUllltSStOllci' lijjOU SSttiS-
IlCtiGi~y jji'OOI tlitiij t/IlS llCcliScc il&S ViOliLctl UiiS 3.1 tiClfi Or^Sliy -Ttilc Gi.1 I'c^HttitiOil piOiUUl 1"
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see-a-heai'iiig.- The Commissioner may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this chapter or the rules promulgated under this article or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the Commissioner or the Commissioner's agent in the performance of his or her duty in connection with the provisions of this article:
(1) Issuance of a warning letter;
(2) Imposition of an administrative fine not more than $1,000.00 per occurrence, suspen sion of a license, or both; or
(3) Revocation of the seed dealer's license.
Actions stated in paragraphs (2) and (3) of this subsection shall be preceded by a depart mental hearing to consider evidence that the licensee has violated this article or any rule or regulation promulgated under this article.
(c) No person who has not complied with this Code section shall sell or offer for sale any seed within this state. 2-11-27.
\&) I1 01^ too purpose oi C3.iry.uig out tnisrflrticic^tiift (Joiiiiiiii&jiiOiiST, wlio in&y &CL tlirou^n Ins

sale seed in this state shall comply with all the requiiemeiitb of tins article and of all seed
lei W i 01 LI life SC3/C3.
\o) AS 3r lU-l'tlld* rfiQlUl'SniGlltj lliy ptirSOil COilliil^ Ll.iiu.ci1 tillS t-JGClfi fatiCtlCkii Sri3.il D6 irQC^lnrQCT,
u.poii ct.jj|jiiCciLnjii toy Hi iic^iifec to fet^ii or oiifei TOJT siife s^flct in triio sLcitC) to mi iiisi^ a. sm~cty

the ^jurppac ui i;<ai raying

WEDNESDAY, MARCH 13, 1996

1307

(c) No person who has not complied with tills Code section shall sull ui offer foi sale any seed within this state. Reserved. 2-11-28.
The Commissioner shall have authority to promulgate and enforce such rules and regula tions as he the Commissioner may deem necessary to carry out or make effective this arti cle. Such rules and regulations may:
(1) Provide such additional definitions of terms as the Commissioner believes are needed;
(2) Provide a noxious weed list and add to or subtract therefrom from time to time;
(3) Prescribe minimum standards of germination and purity and maximum amounts of inert matter and weed seed;
(4) Prescribe the maximum number of weed seeds per pound allowed for each type of restricted noxious weed!
(5) Govern Specify the methods of sampling, inspecting, analysis, testing, and examina tion of seed and the tolerance to be followed in the administration of this article, which shall be in general accord with the officially prescribed practice in interstate commerce;
\\j) FOViu6~"lCjiL" TlclCl tGStlli^J cHiCliilitittS rG(JUirfelTlGlTtS 10k1 SpfiCiill pel iiiiLS 10i1 tlici fiLl 01

Prescribe the form of tags or labels;
(ffi(7) Fix the number of tests allowed to any one person, firm, corporation, etc.;
(9X8) Fix charges for tests made; and
(9) Prescribe minimum standards for seed vigor when such standards have been devel oped and standardized by the Association of Official Heed Analysts (AOSA) and to require the results of any seed vigor test to be placed upon seed labels; and
(10) Prescribe such other rules and regulations as may be recommended by the Seed Advisory Committee necessary to secure the efficient enforcement of this article. 2-11-29.

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Dy tins odniTiissiorisr w^itrioxic coiisuitui^ tn.6 sdvisory comiiiitt^^.

1308

JOURNAL OF THE SENATE

(trHPhe Seed Advisory Committee is absigiied to the Department uf Agikulture fur adminis trative pui'po&es only as prescribed in CJude [Section 00-4-3 Reserved!
2-11-30.
Any seed sold, offered for sale, or exposed for sale in violation of this article or rules and regulations promulgated under this article shall be subject to seizure on the complaint of any authorized agent of the Commissioner to the superior court of the county where the seed is located. If the court finds the seed to be in violation of this article and orders its condemnation, the seed shall be destroyed, reprocessed, relabeled or otherwise disposed of in compliance with the laws of this state and as directed by the court. In no instance shall the court order such disposition of sttcfa seed without first having given the claimant an opportunity to apply to the court for the release of the seed or for permission to process or relabel it to bring it into compliance with this article!
2-11-31.
The Commissioner is authorized to apply for and the court is authorized to grant a tempo rary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or rules and regulations promulgated under this article, notwithstanding the" existence of other remedies at law. Such injunctions shall be issued without bond.
2-11-32.
No person or vendor shall be subject to the penalties of this article for having sold or offered or exposed for sale in this state any seed incorrectly labeled or represented as to variety or origin when the variety or origin of such seed could not be identified by examination thereof, unless he or she failed to obtain an invoice, grower's declaration, or other document indicating variety and origin and failed to take such other precautions as were necessary of required to ensure that the identity and variety of the seed was were as stated.
2-11-33.
Code Sections 2-11-21 and 2-11-22 shall not apply:
(1) To seed sold by a farmer or grower to a seed dealer or processor conditioner or in storage in or consigned to a seed cleaning or processing' conditioning establishment for cleaning or processing, provided that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to this article;
(2) To seed grown by a farmer or other person, who sells it as such, when it is sold at his or her own farm and he or she does not advertise or transfer it by any public carrier provided such activity is not in conflict with paragraph (7) of subsection (a) of Code Sec tion 2-11-23 or requirements of the United States Plant Variety Protection Act;
(3) To seed or grain not intended for planting purposes, provided that such seed or grain sold to a farmer or consumer which could be used for planting purposes shall be marked or tagged 'for feed' or 'not for planting1; and
(4) To any carrier, in respect to any seed transported or delivered for transportation in tne ordinary course of its business as a carrier, if such carrier is not engaged in produc~
ing,i-jpErocessing, or marketing agricultural of vegetable seed which is subject to this
artiicc!le.
2-11-34.
(a) Any person or vendor violating any of the provisions of this article or rules and regula tions promulgated under this article shall be guilty of a misdemeanor?
(b) When the Commissioner or any of his-the Commissioner's authorized agents find that a. person has violated any of the provisions of this article or rules and regulations promul gated under this article, fte-the Commissioner may institute proceedings in the superior court of the county in which the violation occurred to have such person convicted therefor or may file with the prosecuting attorney, with the view of prosecution, such evidence as may be deemed necessary.

WEDNESDAY, MARCH 13, 1996

1309

(c) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted against the accused.
(d) Nothing in this article shall be construed as requiring the Commissioner or any of fais the Commissioner's authorized agents to report, for prosecution or for the institution~of seizure proceedings, minor violations of this article when fae the Commissioner believes that the public interest will best be served by a suitable notice of warning in writing."

SECTION 2.

Said chapter is further amended by striking in its entirety Article 3, relating to certification of seeds and plants, and inserting in lieu thereof the following:

2-11-50.

"ARTICLE 3

The General Assembly declares that for the purpose of fostering improved agricultural methods, promoting advances in agricultural fields, and giving legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of this state a method for protecting the public in the guarantee of the high quality of seeds and plants for various agricultural pursuits. It is the intent of the General Assembly to carry out that policy by this article, protecting the public from false claims and unwar ranted statements as to genetic identity, varietal purity, and germinating viability of seeds and plants presented and claimed to be foundation, registered, or certified.
2-11-51.

For the purposes of this article, the term:
(1) 'Certified seed' means the progeny of foundation, registered, 017 in special cases; certified seed; which is so produced and handled as to maintain satisfactory genetic pm'ity and identity, a& apuiuved and meets the standards of tei titled by the official seed certifying agency.
(2) 'Foundation seed' means the progeny of breeder's seed or, m special cases, the prog eny of foundation seed, so handled as to uiosl iieaily maintain specific genetic piu'ily and identity, a& designated by Ihu official seed ceitifyiiig agency. Foundation seed may

tntion: which meets the standards of the official seed certifying agency.
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tiOil 01 ICUIlCuttiOil S66u. rOU.0u.l.tiOil S6^d SftSii u& tiifi SOU1XJ6 OI r Ol'tilltid Stitiu..
(3) 'Plant' means seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other parts used in the propagation of field crops, vegetables, fruits, flowers, trees, or other plants.
(4) "Registered seed' means the progeny of foundation seed and meets the standards of the official seed certifying agency. (Registered seed shall be so handled as to maintain' satisfactory genetic purity and identity as designated by the official seed certifying agency. Registered seed shall be produced under the general supervision of an ap proved agronomist and under the regulations of the official seed certifying agency.)
(5) 'Seed' means the true seeds of all field crops, vegetables, flowers, trees, or other plants.
(6) Variety' carries its original meaning and includes 'strains' of varieties which are sufficiently different from the parent variety to justify special designation.

1310

JOURNAL OF THE SENATE

2-11-52.
In order to execute the policy stated in Code Section 2-11-50, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to pro vide for seed, plant, and variety certification and labeling. He The dean shall designate the Georgia Crop Improvement Association, Inc., as certifying agency, provided that the Georgia Crop Improvement Association, Inc., must be in good standing with the InUii na tional Crop Improvement Association Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. 2-11-53.
It shall be a misdemeanor for any person, firm, association, or corporation selling seeds or plants in this state to use any evidence of certification, including specially designed tags or any tags similar thereto or the word 'certified,' on any pickage of seeds or plants, unless such seeds or plants have been duly inspected and certified as provided for in this article or have been inspected and certified by a legally constituted agency of another state or foreign country. The duty of enforcing the Code section shall be vested in the Commissioner."
SECTION 3.
Said chapter is further amended by striking in its entirety Article 4, relating to the Seed Arbitration Council, and inserting in lieu thereof the following:
"ARTICLE 4
2-11-70.
(a) The intent and purpose of this article is are to provide a method for assisting farmers, persons purchasing seed, and persons selling seed in determining the validity of com plaints of seed purchasers against seed sellers relating to the quality and performance of the seed by establishing a committee to investigate, hold informal hearings, make find ings, and render recommendations in the nature of arbitration proceedings where dam ages suffered by seed purchasers are caused by the alleged failure of the seed to perform as represented or conform to the description on the labeling thereof as required by law.
(b) In order to effectuate the intent and purpose set out in subsection (a) of this Code section, there is created the 'Seed Arbitration Council.' 2-11-71.
As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state.
(2) 'Council' means the Seed Arbitration Council.
(3) 'Person' means an individual, firm, partnership, corporation, or company.
(4) 'Purchaser' means the person who buys agricultural, flower, tree, shrub, or vegeta ble seed subject to Article 2 of this chapter.
(5) 'Seller' means any person who sells seed, including but not limited to; the person who sold seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation. 2-11-72.
(a) At the time of purchase of agricultural, vegetable, flower, tree, or shrub seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, language setting forth the requirement for filing a com plaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed.

WEDNESDAY, MARCH 13, 1996

1311

(b) Such language shall be in addition to the labeling requirements specified in Code Section 2-11-22 and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner.
(c) If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section 2-11-73.
2-11-73.
(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail.
(b) A filing fee of $75.00 shall be paid to the Commissioner with each complaint filed. Such fee shall be recovered from the seller upon recommendation of the Seed Arbitration Council. The filing fee shall be forfeited if the complaint is independently settled between the purchaser and seller prior to the informal hearing scheduled by the council. Such independent settlement serves to close the file on the complaint.
(c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint. Upon receipt, the Commissioner shall send a copy of the response to the purchaser by registered or certified mail.
(d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint.
(e) Upon receipt of findings and recommendations of the Seed Arbitration Council, the Commissioner shall transmit said items to the purchaser and seller by registered or cer tified mail.
(f) The purchaser and seller shall give written notice to the Commissioner of the accept ance or rejections of the council's recommendations within 30 days of the date the deci sion is mailed to the purchaser and seller.
2-11-74.
(a) The Seed Arbitration Council shall be composed of five members. One member and one alternate shall be appointed upon the recommendation of each of the following indi viduals or executive committee:
(1) The director of associate dean for the Cooperative Extension Service of the Univer sity of Georgia;
(2) The director of associate dean for the experiment stations of the College of Agricul tural and Environmental Sciences of the University of Georgia;
(3) The president of the Georgia Farm Bureau Federation;
(4) The pie&ident executive committeee of the Georgia Geediueu'b Seedsmen's Associa tion; and

1312

JOURNAL OF THE SENATE

(5) The Commissioner of Agriculture.
(b) Each member and each alternate shall continue to serve until a replacement has been recommended by their his or her appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate.
(c) The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct.
(d) The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner.
(e) Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization.
2-11-75.
(a) Upon receipt of a seed buyer complaint and a seller response, the council shall sched ule a hearing date within ten days and shall make a. full and complete investigation of the matters stated in the complaint.
(b) Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed purchaser filing the complaint, such determination to be made by the chairperson.
(c) The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings.
(d) In conducting its investigation, the council, in addition to other duties deemed neces sary, is authorized to:
(1) Examine the purchaser on the use of the seed of about which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed alleged to be faulty;
(2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary;
(3) Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may partici pate directly in the proceeding; and
(4) Seek evaluations from authorities in allied disciplines when deemed necessary.
(e) Any investigation made by tess fewer than all of the councilmembers shall be by au thority of a written directive by the chairperson, and such investigation shall be summa rized in writing and considered by the council in reporting its findings and recommendations.
(f) The Attorney General shall provide legal services for the council. 2-11-76.
(a) After completion of the informal hearing by the council, a report of findings and rec ommendations shall be transmitted to parties present at the arbitration process pursu ant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following:
(1) That no action be taken;
(2) That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice;

WEDNESDAY, MARCH 13, 1996

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(3) That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or
(4) Such other recommendation found by the council to be fair and equitable to the parties.
(b) In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperate in the arbitration proceedings.
2-11-77.
Pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Com missioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article."
SECTION 4.
This Act shall become effective on July 1, 1997.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate disagree to the House substitute to SB 583.
On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate dis agreed to the House substitute SB 583.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 create the Council on Rural Transportation and Economic Development; to provide for its powers, duties, and authority; to provide for the development and implementation of a strategic plan relative to the transportation needs of rural Georgia; to provide for the membership, powers, duties, and operation of the council; to authorize the appropriation of funds to the council and the provision of state funds to the council; to authorize the expenditure of funds by the council; to provide for the provision of services to the council; to provide for related matters; to provide for automatic repeal; to change certain provisions relating to maximum loads on tandem axles; to change certain provisions relating to exceeding weight limitations on certain vehicles operating on public roads which are not national highways; to change certain provisions relating to issuance of special permits; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and fer ries, is amended by adding a new Code section immediately following Code Section 32-4-22, to be designated Code Section 32-4-23, to read as follows:
"32-4-23.
(a) There is created the Council on Rural Transportation and Economic Development to be composed of 15 members. Three members shall be appointed by the Governor. Three members shall be members of the Senate to be appointed by the President of the Senate. Three members shall be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. Six members shall be ex officio members: the commissioner of transportation, the commissioner of industry, trade, and tourism, the commissioner of community affairs, the Commissioner of Labor, the commissioner of nat ural resources, and the commissioner of technical and adult education. The Governor shall designate a member of the council to call the initial meeting at which the council shall elect one of their members to serve as the chairperson who shall call all meetings of the council and set the agenda.
(b) The council shall undertake a comprehensive study of the needs of rural Georgia rela tive to the state Developmental Highway System, shall develop a strategic plan for meet ing those transportation needs, and shall support the implementation and completion of the plan by the Department of Transportation. Without limiting the generality of the foregoing, such study and plan shall specifically address the composite network of high ways that shall be included in the state Developmental Highway System, a timetable for the completion of each link in the highway system, and the sources and level of funding necessary to implement the highway system proposed. The council shall be headquar tered in a rural community to be designated by a majority vote of the council. The council may issue interim reports of its study and findings as deemed appropriate and shall issue at least one report of its study and findings prior to January 15, 1997.
(c) The General Assembly is authorized to appropriate funds to the council for the pur poses of this Code section. In addition, any officer, agency, or department of the state may make available to the council for purposes of this Code section funds appropriated or available to such officer, agency, or department. Any funds so appropriated or made available to the council may be expended by the council in such manner as may be deter mined by the council. The council is attached to the Department of Community Affairs for budgetary and administrative purposes only. The council is authorized to contract for and engage the services of experts, consultants, and staff as may be deemed appropriate for the purposes of this Code section. The council may also request the provision of serv ices for the purposes of this Code section by any officer, agency, or department of state government, and all officers, agencies, and departments of state government shall coop erate with the council and provide services so requested to the maximum extent possible.
(d) The council may conduct such meetings and public hearings at such places and 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 Code section.
(e) The legislative members of the council and any members of the council who are not state officers or employees shall receive the allowance authorized for legislative members of interim legislative committees. The funds necessary to pay such allowances to legisla tive members and private members shall come from the funds appropriated to the House of Representatives for members of the House, from funds appropriated to the Senate for members of the Senate, and from legislative funds for ancillary services in the case of private members of the council.

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1315

(f) Any members of the council who are state officers or employees shall receive no addi tional compensation for service on the council but may be reimbursed by their respective employing agency for expenses incurred in service on the council.
(g) The council shall stand abolished and this Code section shall stand repealed in its entirety on March 31, 1997."
SECTION 2.
Said title is further amended by striking subparagraph (c) (1) (A) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof the following:
"(c) (1) (A) On all highways within this state which are not national highways, the maxi mum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsec tion (b) of this Code section; the maximum load on any tandem axle shall be 37,040 40,680 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maxi mum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped."
SECTION 3.
Said title is further amended by striking subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof the following:
"(g) (1) 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 on any single axle does not exceed 23,000 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 3A.
Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 326-28, relating to permits for excess weight and dimensions of vehicles, and inserting in lieu thereof the following:
"(1) Annual. Charges for the issuance of annual permits shall be as follows:
(A) For portable buildings and boats and any vehicle or combination of vehicles, up to and including 12 feet wide and 75 feet long ........................ $100.00
However, a vehicle or combination of vehicles having a trailer or combination of trail ers with sidewalls or roof which has transported portable buildings may, after deposit ing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the 60 foot limitation provided for in Code Section 32-6-24, provided that the

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unloaded vehicles referred to in this subparagraph may not be operated on the Na tional System of Interstate and Defense Highways;
(B) For heavy equipment:
(i) Overweight, over-length, or overwidth ............................... 100.00
(ii) Overheight (any equipment)....................................... 50.00
A tractor and trailer (low boy type) may, after depositing a load referred to in this subparagraph, return to its point of origin even though the tractor and trailer (low boy type) may exceed the 60 foot limitation provided for in Code Section 32-6-24, up to and including 12 feet wide and 75 feet long, provided that the tractor and trailer (low boy type) referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways;
(C) For loads of concrete pipe, cotton other than on cotton module hauler trucks, and plywood which do not exceed nine feet wide .......................... 100.00
Provided that such loads may not be operated on the National System of Interstate and Defense Highways;
(C.I) For loads of cotton on cotton module hauler trucks not exceeding a width of rime feet, an overall length of 52 feet, a height of 13 feet six inches, and a total gross weight of 65,000 pounds, without regard to any axle weight .......... 100.00
Provided that such loads may not be operated on the National System of Interstate and Defense Highways;
(D) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, up to and including ten feet wide and 75 feet long . . 100.00
However, a vehicle or combination of vehicles having a trailer or combination of trail ers with sidewalls or roof which has transported modular homes or sectional houses may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the unloaded vehicles referred to in this subparagraph may not be operated on the Na tional System of Interstate and Defense Highways;
(E) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, from ten feet wide up to and including 12 feet wide and 85 feet long .......................................................... 250.00
However, a vehicle or combination of vehicles having a trailer or combination of trail ers with sidewalls or roof which has transported modular homes and sectional houses may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the movements made under the authority of these annual permits shall be authorized only on those routes specified as part of an approved route system; provided, further, that the mobile homes, modular homes, and sectional houses referred to in this subpara graph, regardless of the length of the towing vehicle, shall not exceed a length of 70 feet from the center of the hitch ball cup to the rearmost part of the load; and provided, further, that the unloaded vehicles referred to in this subparagraph may not be oper ated on the National System of Interstate and Defense Highways;
(F) For the annual permits authorized by paragraph (2) of subsection (b) of Code Section 32-6-24 for vehicles exceeding 75 feet in length.................... 100.00
(G) For the annual permits authorized by subsection (a) of Code Section 32-6-24 for trailers which are over 45 feet in length .............................. 10.00
(H) For loads of round hay bales which do not exceed 11 feet wide .......... 100.00 Provided that the annual permit shall specify the route or routes upon which such loads may be operated.
(I) For preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide ............................................. 100.00"

WEDNESDAY, MARCH 13, 1996

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SECTION 4.

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

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 591.
On the motion, a roll call was taken, and the vote as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Clay Egan Hooks

Scott Slotin

Stokes (excused) Thomas

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 591.
The following bill was taken up to consider House action thereto:

SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:
A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that certain information is a trade secret without regard to the form of such information in certain circumstances; to provide for related mat ters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," is amended by striking in its entirety paragraph (4) of Code Section 10-1-761, relating to definitions, and inserting in lieu thereof a new para graph to read as follows:
"(4) 'Trade secret' means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a de vice, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information:
(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain eco nomic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

SECTION 2.

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

Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 316.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Clay Hill James

Scott Stokes (excused)

Tanksley Thomas

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 316.

WEDNESDAY, MARCH 13, 1996

1319

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 1828. By Representatives Holland of the 157th and Banner of the 159th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Leesburg, so as to describe the corporate boundaries of such city.
HB 1886. By Representative Smith of the 19th:
A bill to amend an Act providing a new charter for the Town of Clermont, so as to change provisions relating to the terms of office of the mayor and councilmembers.
HB 1887. By Representative Smith of the 19th:
A bill to amend an Act granting a new charter to the City of Dawsonville, so as to provide a new charter for the City of Dawsonville.
HB 1888. By Representatives Wiles of the 34th, Woods of the 32nd, Ehrhart of the 36th 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 of Cobb County.
HB 1890. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the solicitor of said court.
HB 1891. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relating to the salary of the tax commissioner.
HB 1892. By Representatives Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and others:
A bill to amend an Act changing the composition and manner of selecting mem bers of the Board of Education of Clayton County, so as to provide for nonpartisan elections of such members without prior nonpartisan primaries.
The following bills were read the first time and referred to committee:
HB 1828. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a new charter for the city of Leesburg, so as to describe the corporate boundaries of such city."
Referred to State and Local Governmental Operations Committee.

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HB 1886. By Representative Smith of the 19th:
A bill to amend an Act providing a new charter for the Town of Clermont, so as to change provisions relating to the terms of office of the mayor and councilmembers.
Referred to State and Local Governmental Operations Committee.
HB 1887. By Representative Smith of the 19th:
A bill to amend an Act granting a new charter to the City of Dawsonville, so as to provide a new charter for the City of Dawsonville.
Referred to State and Local Governmental Operations Committee.
HB 1888. By Representatives Wiles of the 34th, Woods of the 32nd, Ehrhart of the 36th, Kaye of the 37th:
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 of Cobb County.
Referred to State and Local Governmental Operations Committee.
HB 1890. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the solicitor of said court.
Referred to State and Local Governmental Operations Committee.
HB 1891. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relating to the salary of the tax commissioner.
Referred to State and Local Governmental Operations Committee.
HB 1892. By Representatives Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act changing the composition and manner of selecting mem bers of the Board of Education of Clayton County, so as to provide for nonpartisan elections of such members without prior nonpartisan primaries.
Referred to State and Local Governmental Operations Committee. 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.

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1321

The following bills were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Middleton of the 50th.
The Senate Committee on Agriculture offered the following substitute to HB 1317:
A BILL
To be entitled and Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide definitions; to require the posting of notices con cerning the application or use of certain pesticides in certain public buildings; to provide for requirements concerning such notices; to provide for time limits; to provide for the inspec tion and copying of certain information and documents; to provide for the furnishing of notices and material safety data sheets; to provide for the retention of certain documents; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Chapter 7 to read as follows:
"CHAPTER 7
8-7-1.
(a) As used in this Code section, the term:
(1) 'Agency' means the State of Georgia and any branch, department, agency, division, board, bureau, entity, official, employee, or agent of the state and any county, munici pality, school district, consolidated government, or authority created by or pursuant to the Constitution of the State of Georgia or any general or local law of this state and any official, employee, or agent of any such entity. (2) 'Building operator' means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager. (3) 'Fumigant' means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors, which gas or gases, fumes, or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life.
(4) 'Insecticides' means substances, not fumigants under whatever name known, used for the destruction or control of insects and similar pests. (5) 'Pesticide' means attractant, fumigants, fungicides, insecticides, rodenticides, and repellents.
(6) 'Public building" means a building owned or leased by an agency, which is open to the public, including but not limited to the following:
(A) Any building which provides facilities or shelter for public use or assembly or which is used for educational, office, or institutional purposes; and
(B) Any library, museum, school, hospital, auditorium, dormitory, or university building.

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(7) 'Repellents' means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their ca pacity for preventing the entrance or attack of pests.
(8) 'Rodenticides' means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
(b) The building operator of any public building who personally applies or uses or who contracts for or orders the application within the interior of any public building of any pesticide requiring the direct supervision of a certified operator as denned in Code Sec tion 43-45-2 or any pesticide which is sold solely for commercial applicator use and is restricted to uses other than household use shall post a conspicuous notice in such public building to notify anyone entering such building that a pesticide is being applied. If such pesticide or pesticides are applied on a regular basis or according to a schedule, such notice may be permanently displayed and shall include the days or dates on which such pesticide or pesticides are usually applied. If the pesticide or pesticides are not applied on a regular basis or according to a schedule or if the pesticides are applied on a day or date other than the day or date contained on a permanently displayed notice, such notice shall be posted before the application of any pesticide and shall remain posted for 24 hours following the application. Such notice shall include a notice of the location and hours during which any person may obtain information concerning the pesticides applied or to be applied and inspect and copy the material safety data sheet. Any such notice shall also include one or more telephone numbers for the building operator at which emergency information concerning the pesticides applied may be obtained at any time during the day or night and on any day of the year. It shall be the duty of the building operator to make available, upon request and within a reasonable period of time of said request, the name of any pesticide used and a copy of the appropriate material safety data sheet. If the pesticide is to be applied by a commercial applicator, a certified operator as defined in Code Section 43-45-2, or a pesticide contractor, it shall be the duty of such applicator or contractor to provide material safety data sheets to the building operator at the time the contract for service is entered or renewed. If any additional pesticides are used after the contract for service is entered, the additional material safety data sheets shall be pro vided to the building operator. A building operator shall retain permanently all material safety data sheets and other documents furnished pursuant to the preceding sentence. A building operator shall retain statements of information for two years as required by the rules and regulations required by Chapter 45 of Title 43, known as the 'Structural Pest Control Act.'
(c) Any person violating this Code section shall be guilty of a misdemeanor, provided that the penalty for a first offense shall be a fine not to exceed $100.00."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Cagle of the 49th and Ragan of the llth offered the following amendment:
Amend the committee substitute to HB 1317
by striking the word "permanently", and inserting in lieu thereof "for five years" on line 28 of page 3.
On the adoption of the amendment, the yeas were 36, nays 0; and the Cagle and Ragari amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, MARCH 13, 1996

1323

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

Those voting in the affirmative were Senators:

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

Gochenour 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 Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Cheeks

Day Hooks

Stokes (excused) Tysinger

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Scott of the 36th informed the Secretary of the Senate that the yea button on his voting console did not record his vote; the Secretary ascertained the machine was bro ken. Senator Scott asked unanimous consent that he be authorized to inform the Secretary verbally of each vote until the machine could be repaired. The consent was granted.

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.
Senate Sponsor: Senator Madden of the 47th.
The Senate Natural Resources Committee offered the following amendment:
Amend HB 1227 by inserting on line 6 on page 1, following the word and symbol "prop erty;", the following:
"to provide that a person who purchases real property listed on the hazardous site inven tory and who completes corrective action may qualify for an exemption from third-party liability; to define certain terms; to provide for an administrative consent order incorpo rating a corrective action plan; to provide for certification of completion; to provide for a limited exemption from liability;".
By inserting immediately following line 39 on page 5 the following:
"SECTION 3.

Said chapter is further amended by inserting immediately following Code Section 12-896.2 the following:

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12-8-96.3.
(a) As used in this Code section, the term:
(1) 'Affected property' means real property listed on the hazardous site inventory main tained pursuant to Code Section 12-8-97.
(2) 'Bona fide purchaser" means a person who has purchased affected property and has complied with the provisions of subsection (b) of this Code section relative to such prop erty; provided, however, that no person may qualify as a bona fide purchaser if such person:
(A) Is a person who has contributed or is contributing to a release;
(B) Has or in the past has had a contractual relationship with a person who has contributed or is contributing to a release;
(C) Is related by blood or marriage to a previous owner of the property or to a person who contributed or is contributing to the release or is a shareholder, employee, agent, or is otherwise affiliated with such person;
(D) Is a predecessor or successor entity, subsidiary, owner, or division of any person who has contributed to or is contributing to a release;
(E) Is in violation of any order, judgment, statute, rule, or regulation within the ju risdiction of the division;
(F) Is an owner or operator of an underground storage tank, as defined by Code Sec tion 12-13-3, located at the affected property and subject to the financial responsibil ity regulations promulgated pursuant to Code Section 12-13-9;
(G) Is an owner or operator of a solid waste handling, disposal, or thermal treatment technology facility, as defined by Code Section 12-8-22, located at the affected prop erty and subject to permitting requirements pursuant to Code Section 12-8-24;
(H) Is an owner or operator of a "hazardous waste facility" as defined by paragraph (11) of Code Section 12-8-62; or
(I) Is not able to meet such other criteria as may be established by the board pursu ant to Code Section 12-8-93.
(3) "Cleanup standards" means those rules adopted by the board pursuant to Code Section 12-8-93.
(4) "Contractual relationship" means a contractual relationship established as pro vided in subsection (d) of Code Section 12-8-96.1.
(5) "Person who has contributed or is contributing to a release" means such term as defined in paragraph (9) of Code Section 12-8-92.
(b) A person desiring to qualify as a bona fide purchaser shall, before purchasing the affected property, present to the director a corrective action plan which describes in de tail those actions needed to bring the affected property into compliance with cleanup standards. The director shall approve the plan if, in his or her opinion, the plan will bring the property into compliance with the cleanup standards. Such plan shall include a schedule for completion, which shall be not longer than one year following the date the plan is finally approved, which shall be the date the purchaser and the director enter into an administrative consent order incorporating the plan; provided, however, that the di rector may extend the completion date by up to six months if, in his or her opinion, the purchaser has made a good faith attempt to complete the corrective action within the time provided in the consent order and that the corrective action can be completed within the period of the extension. If the corrective action provided for in the administrative consent order is completed to the satisfaction of the director, the director shall certify that the purchaser is a bona fide purchaser of the affected property for purposes of this Code section.
(c) A bona fide purchaser shall not be liable for third-party claims for contribution or for third-party claims for damages arising from a release of the hazardous waste, hazardous

WEDNESDAY, MARCH 13, 1996

1325

substance, or hazardous constituent which is the subject of the corrective action included in the consent order provided for in subsection (b) of this Code section.
(d) The limitation of liability provided for in subsection (c) of this Code section shall com mence on the date of execution of the consent order provided for in subsection (b) of this Code section; provided, however, that such limitation shall be withdrawn automatically if the director determines at the end of the cleanup period or any extension thereof to certify that the property has not been brought into compliance with the cleanup stan dards. The limitation shall apply only to the parties to the consent order and for the hazardous waste, hazardous substance, or hazardous constituent addressed in the con sent order. The limitation shall not apply with respect to any release occurring in con junction with an activity related to a corrective action which results in injury to a person not a party to the consent order.'"

By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle 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 Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cheeks

Stokes (excused) Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 671 by adding on line 14 of page 1 immediately following the word and symbol "department;" the following:
"to provide for reasonable accommodation by the employing agent under certain circum stances pursuant to the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.;".
By adding on line 5 of page 5 immediately following the word and symbol "employment." the following:
"However, if a condition exists which would impair the fulfillment of the prescribed duties, the medical practitioner shall identity such condition, the employing agency snail provide reasonable accommodation to the extent required by the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq., and the medical practitioner shall certify that the prospective employee, with the accommodation, meets the standards of medi cal and physical fitness for the position."
Senator Thomas of the 10th moved that the Senate agree to the House amendment to SB 671.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle 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 Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy
Bowen Cheeks

Egan Stokes (excused)

Taylor Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 671.
The following bill was taken up to consider House action thereto:
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.

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1327

The House amendment was as follows:
Amend SB 508 by adding at the end of line 14 on page 1 the following:
", with the exception of the ear lobes,".
Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SB 508.
Senator Balfour of the 9th moved that the amendment be printed.
On the motion to print, the yeas were 21, nays 9; the motion prevailed, and the amend ment was ordered printed. Action on SB 508 was suspended.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 will be recog nized according to the terms thereof but only while a licenseholder is not a resident of Georgia; to provide that such licenses may be issued to nonresidents domiciled in this state; 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, motor vehicle, 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; and
(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

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Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder or holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purseT attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
(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.
(e) On and after October 1,1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
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) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 3.
Said part is further amended by striking in its entirety subsection (a) of Code Section 1611-129, relating to licenses to carry pistols or revolvers, and inserting in lieu thereof the following:
"(a) Application for license; term. The judge of the probate court of each county may, on application under oath and on payment of $15.00, issue a license valid for a period of five years to any person who is a resident of that county or who is a nonresident member of the armed forces domiciled in that county at the time of such application, which license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county or state of residence. Applicants shall submit the application for a license to the judge of the probate court on forms pre scribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his or her eligibil ity under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish applica tion forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost."
SECTION 4.
Said part is further amended by striking in its entirety paragraph (3) of subsection (c) of said Code section and inserting in lieu thereof the following:
"(3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant resides or is domiciled at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms."

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1329

SECTION 5.
Said part is further amended by striking in its entirety subsection (f) of said Code section and inserting in lieu thereof the following:
"(f) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3'A inches long; and 2 LA inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, actual residence address in this state, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued; and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127."
SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate disagree to the House substitute to SB 678.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 678.
The following general bill of the House, having been read the third time and final ac tion suspended on March 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Land of the 16th.

The substitute offered by Senators Clay of the 37th and Thompson of the 33rd on March 12, as it appears in the Journal of March 12, was automatically reconsidered.
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, 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 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

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Langford Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cheeks Hooks (excused conferee)

Madden Ray (excused conferee) Stokes (excused)

Tanksley Walker (excused conferee)

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

HB 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.
Senate Sponsor: Senator Hill of 4th.

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

Those voting in the affirmative were Senators:

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

Gochenour Guhl Harbison Henson Hill Hooks 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 Walker

Those not voting were Senators:

Abernathy Black

Cheeks Griffin

Ray Stokes (excused)

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 19th, President Pro Tempore, assumed the Chair. Senator Dean of the 31st moved that Senator Hooks of the 14th be excused from the Senate due to a Conference Committee meeting.

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1331

On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Hooks was excused.

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.
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:

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 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 Walker

Voting in the negative were Senators Balfour and Tysinger.

Those not voting were Senators:

Abernathy Cheeks Henson

Hooks (excused conferee) James Ray (presiding)

Stokes (excused)

On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Starr of the 44th.

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Senators Ralston of the 51st and Edge of the 28th offered the following amendment:
Amend HB 1328 by striking from lines 1 and 13 on page 1 the following:
"Chapter 2 of.
By striking from lines 2 and 3 on page 1 and lines 14 and 15 on page 1 the following:
"the Department, commissioner, and Board of Human Resources",
and inserting in lieu thereof the following:
"social services".
By adding on line 9 of page 1 between the semicolon and the word "to" the following:
"to provide an additional penalty for any person who fraudulently obtains public assist ance or food stamps; to provide that any such person shall be ineligible for such public benefits for one year for the first offense and forever for the second offense;".
By renumbering Section 2 on page 2 as Section 3 and by adding between lines 13 and 14 on page 2 the following:
"SECTION 2.
Said title is further amended by adding at the end of Code Section 49-4-15, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, new subsections (d) and (e) to read as follows:
'(d) Upon a determination by the department that a person may have obtained or re ceived an overpayment of public assistance or benefits, the department shall promptly notify the person of the alleged overpayment. Prior to any transfer of any documents or evidence to the district attorney or other law enforcement persons, the department shall grant to the person who may have obtained or received an overpayment of public assist ance or benefits an opportunity to meet with the department for purpose of mediation or resolution. In the event that such dispute cannot be resolved by mediation or restitution, and where there is not clear and overwhelming evidence of fraud or criminal misconduct, the department shall provide an opportunity for a fair hearing pursuant to Code Section 49-4-13 before referring the case to the Office of Fraud and Abuse.
(e) Any person convicted of an offense stated in this Code section shall, upon the first such conviction, be ineligible to receive any form of public assistance or food stamps for a period of one year. For a second such conviction, such person shall be barred from receiv ing any form of public assistance or food stamps in this state for life; provided, however, that nothing in this subsection shall be construed so as to preempt any other law of regulation which would require an earlier denial of such benefits.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Ralston, Edge amendment to HB 1328 was adopted.
Senators Ralston of the 51st and Edge of the 28th offered the following amendment:
Amend HB 1328 by striking from lines 1 and 13 on page 1 the following:
"Chapter 2 of.
By striking from lines 2 and 3 on page 1 and lines 14 and 15 on page 1 the following:
"the Department, commissioner, and Board of Human Resources",
and inserting in lieu thereof the following:
"social services".
By adding on line 9 of page 1 between the semicolon and the word "to" the following:
"to require certain statistical summaries regarding certain means-tested programs under the 'Aid to Dependent Children Act'; to provide for sample surveys of certain assistance recipients; to require cooperation of state departments and agencies;".
By renumbering Section 2 on page 2 as Section 3 and adding between lines 13 and 14 on page 2 the following:

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1333

"SECTION 2.
Said title is further amended by adding at the end of Article 5 of Chapter 4, the 'Aid to Dependent Children Act,' a new Code section to read as follows:
'49-4-119.1.
(a) For purposes of this Code section, the term "means-tested program" means any of the following:
(1) Medicaid; (2) Medical care for veterans without service-connected disability; (3) General assistance (medical care component); (4) Indian health services; (5) Maternal and child health services block grant, Title V of the Social Security Act; (6) Community health centers; (7) Medical assistance to refugees and Cuban and Haitian entrants; (8) Migrant health centers; (9) Aid to Families with Dependent Children; (10) Supplemental security income; (11) Earned income tax credit; (12) Pensions for needy veterans, their dependents, and survivors; (13) General assistance (nonmedical care component); (14) Foster care; (15) Adoption assistance; (16) Emergency assistance to needy families with children; (17) Assistance to refugees and Cuban and Haitian entrants (cash component); (18) Dependency and indemnity compensation and death compensation; (19) General assistance to Indians; (20) Food stamps; (21) School lunch program (free and reduced-price segments); (22) Special supplemental food program for women, infants, and children; (23) Temporary emergency food assistance program; (24) Nutrition program for the elderly; (25) School breakfast program (free and reduced-price segments); (26) Child care food program; (27) Summer food service program for children; (28) Food distribution program on Indian reservations; (29) Commodity supplemental food program; (30) Special milk program (free segment); (31) Section 8 lower income housing assistance; (32) Low-rent public housing; (33) Rural housing loans (Section 502); (34) Section 236 interest reduction payments; (35) Rural rental housing loans (Section 515); (36) Rural rental assistance payments (Section 521); (37) Section 235 homeownership assistance for low-income families; (38) Section 101 rent supplements;

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JOURNAL OF THE SENATE

(39) Farm labor housing loans (Section 514) and grants (Section 516); (40) Rural housing repair loans and grants (Section 504); (41) Indian housing improvement grants; (42) Rural housing preservation grants (Sections 533); (43) Rural housing self-help technical assistance grants (Section 523) and rural hous ing site loans (Sections 523 and 524); (44) Pell grants; (45) Stafford loans (formerly called guaranteed student loans); (46) Headstart; (47) College work-study program; (48) Supplemental educational opportunity grants; (49) Vocational educational opportunities, disadvantaged activities; (50) Chapter 1 migrant education program; (51) Perkins loans; (52) Special programs for students from disadvantaged backgrounds (TRIO Programs); (53) State student incentive program; (54) Fellowships for graduate and professional study; (55) Migrant high school equivalency program; (56) Follow Through; (57) Health professions student loans and scholarships; (58) Ellender fellowships; (59) Child development associate scholarship program; (60) College assistance migrant program; (61) Training for disadvantaged adults and youth; (62) Summer youth employment program; (63) Job corps; (64) Senior community service employment program; (65) Work incentive program; (66) Foster grandparents; (67) Senior companions; (68) Social services block grant (Title XX); (69) Community services block grant; (70) Legal services; (71) Emergency food and shelter program; (72) Social services for refugees and Cuban and Haitian entrants; (73) Low-income home energy assistance program; (74) Weatherization assistance; and (75) State legalization impact assistance group. (b) The state auditor shall have prepared by December 31, 1966, and by that date each year thereafter a statistical summary showing for each means-tested program the follow ing information by county for the most recently ended fiscal year:

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1335

(1) Expenditure of federal, state, and local government funds;
(2) Number of family units receiving benefits from or participating in the program; and
(3) Number of individuals receiving benefits from or participating in the program.
(c) The state auditor shall have prepared either by employees thereof or through contrac tual arrangement with persons or entities outside state government a statistically valid state-wide sample survey of at least 1,000 family units which receive money payments under this article. The survey shall show for each family every means-tested program in which that family participates and the estimated cost of benefits provided to such family under that program, including direct and indirect costs. This survey shall be prepared annually in conjunction with the statistical summary required by subsection (a) of this Code section and both shall be submitted annually to the Governor and General Assembly. Each state department or agency which administers any means-tested pro gram shall cooperate with the state auditor and provide to the state auditor information for such program required for the summary under subsection (b) of this Code section and the survey under this subsection.'"
On the adoption of the amendment, the yeas were 35, nays 0; and the Ralston, Edge (0545) amendment was adopted.
Pursuant to Senate Rule 143, action on HB 1328 was suspended and the bill was placed on the General Calendar.
Senator Madden of the 47th moved that HB 1227, passed earlier today, be immedi ately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1227 was immediately transmitted.

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.
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 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 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 Walker

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Those not voting were Senators:

Abernathy Egan

Hooks (excused) Ray (presiding)

Stokes (excused)

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

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.

The Senate Rules Committee offered the following substitute to SR 620:

A RESOLUTION

Creating the Senate Study Committee on Metropolitan Atlanta Water and Sewer Services and Private Water Systems; and for other purposes.
WHEREAS, the metropolitan Atlanta area now has a population of more than 3 million people and continues to grow rapidly, and there are significant issues relative to privately owned for profit water systems; and
WHEREAS, continued long-term population growth and healthy economic development are highly dependent upon the availability of a sustainable supply of water; and
WHEREAS, as this population growth continues, significant levels of water quality protec tion will be required not only upstream of the water supply intakes on rivers and lakes in the metropolitan Atlanta area, but also downstream of the area's waste-water treatment facilities; and
WHEREAS, safe quality of drinking water for human consumption and protection of water quality in all streams receiving waste water are mandated by state and federal laws; and
WHEREAS, significant amounts of interbasin transfers of water already occur as a result of the large size and the natural topography of the metro area, and additional interbasin transfers may be needed in the future to meet the long-term water resources needs of the area, and any such future interbasin transfers need to be carefully evaluated as to their impacts; and
WHEREAS, providing the necessary water and sewer infrastructure to meet these needs for the growing metropolitan Atlanta area will require the expenditure of several billions of dollars over the next 30 years, and it is essential that these public moneys be well spent and that customers of privately owned for profit water systems deserve to have their con cerns heard; and
WHEREAS, since the Atlanta metropolitan statistical area is composed of some 20 counties and more than 100 cities, it is essential that there be a high degree of coordination and cooperation among governments in order to resolve these long-term water programs; and
WHEREAS, areas downstream from the metropolitan Atlanta area, both inside Georgia and outside Georgia, have significant concerns about the potential impacts of metropolitan Atlanta's water resources needs and water pollution control programs.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Metropolitan Atlanta Water and Sewer Services and Private Water Systems to be composed of six members of the Senate to be appointed by the Presi dent of the Senate and three members who shall serve ex officio as follows: the director of the Environmental Protection Division of the Georgia Department of Natural Resources, the director of the Pollution Prevention Assistance Division of the Georgia Department of Natural Resources, and the executive director of the Atlanta Regional Commission. 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.

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BE IT FURTHER RESOLVED that the committee shall undertake a study of the feasibil ity of alternatives for meeting the long-term water and sewer needs of metropolitan Atlanta in an environmentally sound and economically cost effective manner, as well as issues relative to the regulation of private for profit water systems. The members of the committee shall receive the allowances authorized for legislative members of interim legis lative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1996. The committee shall stand abolished on December 31, 1996.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 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 Walker

Those not voting were Senators:

Glanton Hooks (excused)

James Ray (presiding)

Stokes (excused)

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute.
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.
Senate Sponsor: Senator Glanton of the 34th.

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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 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 449 (LC 21 2964) Employees' Retirement System

Dear Representative Cummings:

This bill provides that members of the Employees' Retirement System of Georgia may obtain creditable service for prior service as a narcotics agent with the Georgia Bureau of Investigation.

The cost of this proposed legislation would be $36,000 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 liability and would be paid through state appropriations. It should be noted that changes in the actua rial 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.

$ 592,000 $ 36,000 ____20 $_____0

(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.

15.39% 15.39% $ 36,000

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

WEDNESDAY, MARCH 13, 1996

1339

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

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

SUBJECT: State Auditor's Certification House Bill 449 (LC 21 2964) Employees' Retirement System

Dear Chairman Cummings:
This bill would provide that members of the Employees' Retirement System of Georgia may obtain creditable service for prior service as a narcotics agent employed by the Georgia Bureau of Investigation.
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 Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks 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 Perdue Pollard Ragan Ralston Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Bowen Clay

Egan Hill Hooks (excused)

Ray (presiding) Stokes (excused)

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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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.
Senate Sponsor: Senator Scott of the 36th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the 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 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 Perdue Pollard Ragan Ralston Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Egan

Hill Hooks (excused)

Ray (presiding) Stokes (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Starr of the 44th.

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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 March 7, 1996
The Honorable Terrell Starr, Chairman Senate Finance and Public Utilities Committee State Capitol, Room 420-C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1101 (LC 18 7619ERS)
Dear Chairman Starr:
This Bill would redefine the distribution of collections from taxes (like the tax on long-term notes secured by real estate and the intangible recording tax) whose allocations currently are aligned with that for the tax on intangible personal property. It would also repeal the tax on intangible personal property and on short-term notes secured by real estate. This repeal would be conditional upon the ratification in the state-wide general election of November, 1996 of House Resolution 734 granting the General Assembly authority to exe cute this action. The Bill would become effective on January 1, 1997 but would, upon that date, apply to all tax years beginning on or after January 1, 1996.
The yields which should have been expected from the intangible property tax in 1996 and 1997 can be projected from the growth paths of the principal taxable assets, local millage rates, and collections over the past decade. However, an aberration in path in 1995 has made projections for later years less certain than 1983-1994 experience would have al lowed. Consequently, a range rather than a level of impact has had to be indicated for 1996 and 1997.
Were the Bill passed and put into effect on January 1,1997, the collections for local govern ments and for the state for 1997 would be sacrificed. For local governments, the revenue loss is estimated to be between $48 and $52 million. The State's loss would be between $0.2 and $0.4 million. Significantly, the Bill would also eliminate the intangibles tax assessed on January 1, 1996 and paid, for the most part, later in that year. That is, the elimination of the tax would be retroactive even though the Bill makes no mention of the steps to be taken to accomplish this backwards adjustment. Assuming that collecting governments would become liable for full refunding of 1996 taxes, the 1997 revenue losses for local gov ernments would rise to between $92 and $100 million and for the State would grow to between $0.4 and $0.7 million. These amounts do not include any interest payments that might be judged necessary on 1996 collections.
Sincerely, /s/ Claude L. Vickers
State Auditor /s/ Tim Burgess
Office of Planning and Budget

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DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 9, 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 1101 (LC 18 7134)
Dear Chairman Buck:
This Bill would repeal the Georgia tax on intangible personal property and on short-term notes secured by real estate effective January 1, 1997. The repeal would be conditional upon the passage by voters in the general election of November, 1996 of a resolution au thorizing such action by the General Assembly.
Termination of the tax on intangible personal property and on short-term notes would re duce State and local revenues in Fiscal Year 1997 by about $52.9 million. Of this, approxi mately $0.4 million would be a reduction in State revenues.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess Office of Planning and Budget
The Senate Finance & Public Utilities Committee offered the following substitute to HB 1101:
A BILL
To be entitled an Act 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 applies to said title; to change certain references to the intangible personal property tax laws; to provide that cer tain provisions of former laws relating to intangible personal property taxes shall be appli cable to other provisions of the law; to provide for related matters; to repeal certain intangible tax payable with respect to short-term notes; to provide for legislative intent; to provide for nonseverability of certain intangibles tax exemptions; to provide for an effective date; to provide for applicability; to provide for automatic repeal under certain circum stances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relat ing to definitions used in the "Georgia Public Revenue Code," and inserting in lieu thereof the following:
"(13) 'Intangible personal property' means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and aft any other classes and kinds of property defined by law as intangible personal property, whethei or mil enumerated in this definition and whether 01 uut siml-
iHi' tO Llic Cm&& cilUuicidtcu ii AiliClc 2 01 Cliiiptci 0 Ol tliiS title.

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SECTION 2.
Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real property lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8.
(a) All revenues derived from the tax imposed by this article shall be distributed among tHe state and municipalities in which the real property is situated and the county in which the real property is situated in the same piupuitiun that revenues derived fiuui
tflc LciXtS lHTpGStiEI Dy Al'tiClc i 01 LI 116 CllfljjLtil', l1fcld.Lin 10 tlXlt/lOIl GI iiYtliliDlG J3G1 feuii<il
property, are divided accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner.
(b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, mu nicipality, and other tax district in the county, shall distribute at least monthly the reve nue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
(c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the propor tion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject of the intangible tax. The revenue distributed to municipalities having independent school systems sup ported by taxes levied by the municipality shall be divided between the municipality and in the independent school system according to the proportion that the millage rate levied by the municipality for npnschool purposes and the millage rate levied for school pur poses bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the ag gregate millage rate of all the participating tax authorities.
(d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.''
SECTION 3.
Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows:
"ARTICLE 2
48-6-20.
As used in this chapter, the term:
(1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock.

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(2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan.
(3) 'Depository financial institution' means a 'bank' and a 'savings and loan association.'
(3.1) 'Domesticated foreign corporation' means:
(A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or
(B) A foreign corporation which has procured a certificate of authority to transact busi ness in this state from the Secretary of State and which maintains its corporate head quarters in this state.
(4) 'Money' means specie, currency, and credits resulting from the deposit of money, cur rency, checks, bills, and other evidences of the credits.
(5) 'Restricted foreign intangibles' means all classifications of intangible personal prop erty acquired and held in a foreign country incident to the conduct of the business of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or administrative guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country.
(6) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. 48-6-21.
Intangible personal property, for the purposes of ad valorem taxation, is classified as follows:
(1) Money;
(2) Collateral security loans;
(3) Stocks;
(4) Accounts receivable and notes not representing credits secured by real estate;
(5) Bonds and debentures of all corporations;
(6) Long-term notes secured by real estate;
(7) Short-term notes secured by real estate;
(8) Restricted foreign intangibles;
(9) Patents, copyrights, franchises, and all other classes and kinds of intangible per sonal property not otherwise enumerated; or
(10) Computer software as defined in Code Section 48-1-8.
48-6-22.
The tax imposed by this article shall not apply to:
(1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations established by acts of the Congress of the United Sates as well as industrial development revenue bonds issued pursuant to the laws of this state;
(2) Intangible personal property owned by a trust forming part of a pension, profitsharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code;

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(3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person;
(4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles;
(5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary;
(6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For the purposes of this paragraph, the term 'corporation' also means any depository financial institution;
(7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law;
(8) Assets representing mandatory reserve requirements imposed, by statute or other wise, on depository financial institutions subject to the tax on intangible property;
(9) Stock of the Federal Reserve Bank, the Government National Mortgage Associa tion, the Federal National Mortgage Association, and other corporations and associa tions established by acts of the Congress of the United States;
(10) Mandatory deposits with the Federal Reserve Bank or others required by statue or regulations;
(11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or corre spondent funds purchased and securities and other intangible assets sold under the agreements to repurchase;
(12) Customer's liabilities to depository financial institutions on acceptances outstand ing to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding;
(13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property;
(14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corpora tion owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction;
(15) Intangible personal property owned by an international banking agency or domes tic international banking facility licensed to do business in this state; and
(16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization.
48-6-23.
(a) A property tax is levied annually as of January 1 of each year at the following rates:
(1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, includ ing all restricted foreign intangibles. The tax is not levied by this paragraph on intan gible personal property classified as collateral security loans, long-term notes secured

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by real estate, or stocks, bonds, and debentures; except for restricted foreign in tangibles which are taxed in this paragraph and not otherwise;
(2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans;
(3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corpora tions except those specifically exempted by law; and
(4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of corporations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes.
(b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter.
48-6-24.
(a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible personal property classified for taxa tion as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer.
(b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void as far as tax liability is con cerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing busi ness in the state shall not avoid liability for the tax imposed by this article.
48-6-25.
Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corporation whose cor porate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not otherwise be deemed to have a taxable situs in this state.
48-6-26.
The taxable situs of all intangible trust property, if the trust was or is created by a resi dent of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death.
48-6-26.1.
Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section.
48-6-27.
(a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall:

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(1) Describe in detail each item of property (including exempt as well as taxable prop erty, except obligations of the United States);
(2) Give a description of the property in the form required by the commissioner;
(3) Show the face value of each item of intangible personal property;
(4) Show such other information pertaining to the return as reasonably required by the commissioner; and
(5) Be filed with the commissioner on or before April 15 of each year.
(b) The return shall be separately sworn to and shall be filed by every owner of intangible personal property taxable under this article.
(c) This Code section shall not apply to intangible personal property belonging to:
(1) The United States;
(2) This state or any political subdivision of this state;
(3) A religious, educational, or charitable organization;
(4) A trust exempt from federal income taxes under Section 401 of the Internal Reve nue Code; or
(5) A nonprofit cooperative association.
(d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable.
(e) (1) It is the intent of this subsection to carry into effect the constitutional authoriza tion to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax.
(2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00.
48-6-28.
Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money.
48-6-29.
(a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf when so authorized by the taxpayer. A return by a bank or trust company shall state the aggre gate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs.
(b) If a bank or trust company elects to make a return and pay the tax, any person having money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money.
(c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer.

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48-6-30.
In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as re quired by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned.
48-6-31.
Every foreign corporation doing business or owning property in this state and each do mestic corporation, when the stocks and bonds of the foreign or domestic corporation are subject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form re quired by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 im mediately preceding the date of the return.
48-6-32.
Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section.
48-6-33.
Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is subject to the tax imposed by this article.
48-6-34.
As soon as practicable after receipt of the returns of intangible personal property as re quired by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed.
48-6-35.
(a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-634 to the various tax commissioners or tax receivers according to the situs of the prop erty, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commissioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county.
(b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections.
(c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article.
48-6-36.
Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his serv ices to his usual commissions as though he himself made the assessment.

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48-6-37.
The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner or tax collector and subject to all the remedies provided by law for enforcement or collection of real and tangible personal property taxes.
48-6-38.
In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the tax commissioner or tax col lector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring an action on the bond and shall distribute the amount recovered pursuant to Code Sections 48-6-39, 48-6-40, and 48-6-41.
48-6-39.
The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intan gible personal property between the state and the various local tax districts in the man ner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
48-6-40.
Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible per sonal property from which the revenue is derived. The distribution shall be made accord ing to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue dis tributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes to bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities.
48-6-41.
In the event any distribution or part of a distribution as provided in this article is ad judged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.
48-6-42.
The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes.

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48-6-43.
The intangible personal property tax digest, returns, and related records shall be confi dential and shall not be subject to inspection by any person other than authorized per sonnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administra tive or court proceeding.
48-6-44.
(a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor." and inserting in lieu thereof the following:
"ARTICLE 2 RESERVED".
SECTION 4.
Said title is further amended by striking in its entirety Code section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code section 48-6-63 to read as follows:
"48-6-63.
Reserved, (a) Ghui t-lerm notes secured by real uhlate shall be subject to dd vdloitim teLna-
Liuii tit tlic i'ciLc pjictSCi'iucd lOi' uLlici nitcliigiLfl^; ^jl'u^i^i l/y 111 SllufbcCLiuii lei/ 01 LJOtlc ocuLiun
(u) -Noliiiiig Cuiltmiicu iii tlllS (Juuti bcCtiOii 5iiml DC tunoLi ucu Uj ici^unc tlic pd^iiicuL 01 dCl ViilOl"ctll tfiAcb Oil Slivji L-Lcii'iii ilOtcS Uy <liiy ulaLitUtiOilS t^X<3iii^jLcLl Dy Ai LiCic & Ol LliiS
chapter.
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate and the ad valoicm lax inquiied by this ai title to be paid on short term notes seemed by real e&lalc shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this arti cle by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property."
SECTION 6.
Said title is further amended by striking in its entirety subsection (a) of Code Section 48-672, relating to collection and distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting of ficer of each county and said officer shall make the distributions in the same manner as provided in Article 2 of this chaytci Code Section 48-6-8."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows:

WEDNESDAY, MARCH 13, 1996

1351

"48-6-74.
All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same yiupmliuii that levenuas derived from the intangible personal propel ty tax imposed by Article 2 of this chapter are distributed manner as provided in Code Section 48-6-8. If the real property is located in more than one county, the appro priate portion of the intangible recording tax shall be distributed equitably by the com missioner among the affected counties."
SECTION 8.
Said title is further amended by striking in its entirety division (b) (7) (A) (ii) of Code Sec tion 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b) (7) (A) (ii) to read as follows:
"(ii) No depository financial institution, ds defined in Code Section 48-0-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its par ent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. As used in this division, the term:
(I) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stockT
(II) 'Depository financial institution' means a 'bank' or a 'savings and loan association.'
(III) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;".
SECTION 9.
This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1996; provided, however, that this Act shall only become effective on January 1, 1997, upon the ratification of House Resolution 734 at the November, 1996, state-wide general election, which resolution authorizes the General Assembly by general law to repeal any intangible personal property tax without approval in a referendum. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997.
SECTION 10.
The General Assembly hereby declares that the exemptions from the intangibles tax set forth in Code Section 48-6-22 are integral parts of the intangibles tax and not severable; and, if these exemptions are judicially declared to be unconstitutional, it is the expressed intent of the General Assembly that Article 2 of Chapter 6 of Title 48 shall be invalid in its entirety and of no force or effect.
SECTION 11.
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 HB 1101 by strik ing lines 11 and 12 of page 1 and inserting in their place the following:

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"notes; to". By striking lines 10 through 20 of page 17 and inserting in their place the following:
"SECTION 10.

All laws and parts of laws in conflict with this Act are repealed."
On the adoption of the amendment, the yeas were 35, nays 0; and the Starr amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Henson 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Harbison Hill

Hooks (excused) Ray (presiding)

Stokes (excused) 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 following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage

WEDNESDAY, MARCH 13, 1996

1353

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)' Plumbing" means the practice of installing, maintaining, altering, or repairing pip ing fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 553 by adding following the word "conveyance" on line 22 of page 1 the following:
"; provided, however, that after July 1, 1997, only master plumbers and journeyman who have been certified by the Division of Mater Plumbers and Journeyman Plumbers to per form such tasks shall be authorized to install, maintain, alter, or repair medical gas pip ing systems".
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate.
The Calendar was resumed.
HB 6. By Representative Buck of the 135th:
A bill to amend Chapter 6 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.
Senate Sponsor: Senator Starr of the 44th.

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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 February 28, 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 6 (LC 18 7550S)
Dear Chairman Buck:
This Bill would repeal the tax on intangible personal property on January 1,1997. It would also clarify and extend the rules for dividing the revenues coming from the intangible re cording tax among the various participating governments, particularly as between levying municipalities and the independent school districts within them.
The yield which should have been expected from the intangible property tax in 1997 can be projected from the growth path of collections over the past decade. However, an aberration in the path in 1995 has made projections for 1997 less certain than 1983-1994 experience would have allowed. Consequently, a range rather than a level of impact has had to be indicated.
Elimination of the intangible property tax in 1997 would lower combined local collections by between $48 and $52 million and the State collections by between $0.2 and $0.4 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess Office of Planning and Budget
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 March 7, 1996
The Honorable Terrell Starr, Chairman Senate Finance and Public Utilities Committee State Capitol, Room 420-C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 6 (LC 18 7618ERS)
Dear Chairman Starr:
This Bill would redefine the distribution of collections from taxes (like the tax on long-term notes secured by real estate and the intangible recording tax) whose allocations currently are aligned with that for the tax on intangible personal property. It would also repeal the tax on intangible personal property. The Bill would become effective when signed into law by the Governor but would, upon that date, apply to all tax years beginning on or after January 1, 1996.
The yields which should have been expected from the intangible property tax in 1996 and 1997 can be projected from the growth paths of the principal taxable assets, local millage rates, and collections over the past decade. However, an aberration in path in 1995 has

WEDNESDAY, MARCH 13, 1996

1355

made projections for later years less certain than 1983-1994 experience would have al lowed. Consequently, a range rather than a level of impact has had to be indicated for 1996 and 1997.
When this Bill would become law, the tax on intangibles held by taxpayers on January 1, 1996 would already have been assessed and, depending upon the date of implementation, might already have been paid. Although the repeal would be retroactive, the Bill does not indicate how that retroactivity is to be executed. In 1997, the Bill would then involve two revenue losses for collecting governments. First, collection for 1997 which would have amounted to between $48 and $52 million for local governments and to between $0.2 and $0.4 million for the State would be sacrificed. Second, collections for 1996 would either not be collected or, assumedly, would be refunded. Accordingly, the total revenue loss imposed by the Bill would rise to between $92 and $100 million for local governments and to be tween $0.4 and $0.7 million for the State. Were interest to be included in 1996 refunds, the totals for local governments would be as much as another $2 to $4 million.
Sincerely,
Isl Claude L. Vickers State Auditor
/s/ Tim Burgess Office of Planning and Budget
The Senate Finance and Public Utilities Committee offered the following substitute to HB6:
A BILL
To be entitled and Act 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 applies to said title; to change certain references to the intangible personal property tax laws; to provide that certain provisions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law; to provide for related matters; to repeal certain intan gible tax payable with respect to short-term notes; to provide for legislative intent; to pro vide for nonseverability of certain intangibles tax exemptions; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relat ing to definitions used in the "Georgia Public Revenue Code," and inserting in lieu thereof the following:
"(13) 'Intangible personal property" means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and aft any other classes and kinds of property defined by law as intangible personal property, whether or not eiiumeidted in this definition and whether or not simii3r to trici dctss tsniiiUci tt6u in Ai ticls *& ol t/tiEtptsr 0 ot tnis titis.
SECTION 2.
Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real property lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8.
(a) All revenues derived from the tax imposed by this article shall be distributed among tHe state and municipalities in which the real property is situated and the county in

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which the real property is situated in Ihe same proportion that revenues derived fiuiu
Llici L3.X6S iillpGScCl Dy Al'LiCici * 01 tlUS Cllfl-pLci, i'clciLni^ LO L&X&blOU OX iiiL<iil^lD16 pcSl SUliiil
property, are divided accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner.
(b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, mu nicipality, and other tax district in the county, shall distribute at least monthly the reve nue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
(c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the propor tion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject with the intangi ble tax. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate lev ied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities!
(d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article tor the state's share of the revenues derived from the tax imposed by this article.''
SECTION 3.
Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows:
"ARTICLE 2
48-6-20.
As used in this chapter, the term:
(1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issu ance of capital stock.
(2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan.
(3) 'Depository financial institution' means a "bank' and a 'savings and loan association.'
(3.1) 'Domesticated foreign corporation' means:
(A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated for eign corporation on that date; or

WEDNESDAY, MARCH 13, 1996

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(B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state.
(4) "Money" means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits.
(5) 'Restricted foreign intangibles' means all classifications of intangible personal prop erty acquired and held in a foreign country incident to the conduct of the business of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or administra tive guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country.
(6) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. 48-6-21.
Intangible personal property, for the purposes of ad valorem taxation, is classified as follows:
(1) Money;
(2) Collateral security loans;
(3) Stocks;
(4) Accounts receivable and notes not representing credit secured by real estate;
(5) Bonds and debentures of all corporations;
(6) Long-term notes secured by real estate;
(7) Short-term notes secured by real estate;
(8) Restricted foreign intangibles;
(9) Patents, copyrights, franchises, and all other classes and kinds of intangible per sonal property not otherwise enumerated; or
(10) Computer software as defined in Code Section 48-1-8.
48-6-22.
The tax imposed by this article shall not apply to:
(1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state;
(2) Intangible personal property owned by a trust forming part of a pension, profitsharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code;
(3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person;
(4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles;
(5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose

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of enabling the parent company to carry on some part of its established line of business through the subsidiary;
(6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term 'corporation' also means any depository financial institution;
(7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law;
(8) Assets representing mandatory reserve requirements imposed, by statute or other wise, on depository financial institutions subject to the tax on intangible property;
(9) Stock of the Federal Reserve Bank, the Government National Mortgage Associa tion, and the Federal National Mortgage Association, and other corporations and as sociations established by acts of the Congress of the United States;
(10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations;
(11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or corre spondent funds purchased and securities and other intangible assets sold under agree ments to repurchase;
(12) Customer's liabilities to depository financial institutions on acceptances outstand ing to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding;
(13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property;
(14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corpora tion owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction.
(15) Intangible personal property owned by an international banking agency or domes tic international banking facility licensed to do business in this state; and
(16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization.
48-6-23.
(a) A property tax is levied annually as of January 1 of each year at the following rates:
(1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, includ ing all restricted foreign intangibles. The tax is not levied by this paragraph on intan gible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign in tangibles which are taxed in this paragraph and not otherwise;
(2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans;
(3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corpora tions except those specifically exempted by law; and
(4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of corporations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes.

WEDNESDAY, MARCH 13, 1996

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(b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter.
48-6-24.
(a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible personal property classified for taxa tion as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer.
(b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void as far as tax liability is con cerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing busi ness in the state shall not avoid liability for the tax imposed by this article.
48-6-25.
Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corporation whose cor porate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not otherwise be deemed to have a taxable situs in this state.
48-6-26.
The taxable situs of all intangible trust property, if the trust was or is created by a resi dent of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death.
48-6-26.1.
Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exits. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section.
48-6-27.
(a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall:
(1) Describe in detail each item of property (including exempt as well as taxable prop erty, except obligations of the United States);
(2) Give a description of the property in the form required by the commissioner;
(3) Show the face value of each item of intangible personal property;
(4) Show such other information pertaining to the return as reasonably required by the commissioner; and
(5) Be filed with the commissioner on or before April 15 of each year.
(b) The return shall be separately sworn to and shall be filed by every owner of the intan gible personal property taxable under this article.

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(c) This Code section shall not apply to intangible personal property belonging to:
(1) The United States;
(2) This state or any political subdivision of this state;
(3) A religious, educational, or charitable organization;
(4) A trust exempt from federal income taxes under Section 401 of the Internal Reve nue Code; or
(5) A nonprofit cooperative association.
(d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable.
(eXD It is the intent of this subsection to carry into effect the constitutional authoriza tion to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax.
(2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00.
48-6-28.
Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money.
48-6-29.
(a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf when so authorized by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs.
(b) If a bank or trust company elects to make a return and pay the tax, any person having money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money.
(c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer.
48-6-30.
In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as re quired by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned.
48-6-31.
Every foreign corporation doing business or owning property in this state and each domes tic corporation, when the stocks and bonds of the foreign or domestic corporation are sub ject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form required by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of

WEDNESDAY, MARCH 13, 1996

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stock (or, in the case of a domestic corporation, preferred stock) or registered bonds trans ferred from such persons between November 1 and January 1 immediately preceding the date of the return.
48-6-32.
Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section.
48-6-33.
Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is subject to the tax imposed by this article.
48-6-34.
As soon as practicable after receipt of the returns of intangible personal property as re quired by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed.
48-6-35.
(a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-6-34 to the various tax commissioners or tax receivers according to the situs of the property, such certification to be made with respect to all property listed on returns where the prop erty is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commis sioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county.
(b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections.
(c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article.
48-6-36.
Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his services to his usual commissions as though he himself made the assessment.
48-6-37.
The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner or tax collector and subject to all the remedies pro vided by law for enforcement or collection of real and tangible personal property taxes.
48-6-38.
In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the peti tioner to give a good and sufficient bond payable to the tax commissioner or tax collector in double the amount of the tax collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the

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petitioner does not finally prevail, the tax commissioner or tax collector shall bring an ac tion on the bond and shall distribute the amount recovered pursuant to Code Sections 486-39, 48-6-40, and 48-6-41.
48-6-39.
The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intangible per sonal property between the state and the various local tax districts in the manner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article.
48-6-40.
Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or dis trict respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue distributed to municipali ties having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the munici pality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities.
48-6-41.
In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.
48-6-42.
The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes.
48-6-43.
The intangible personal property tax digest, returns, and related records shall be confiden tial and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding.
48-6-44.
(a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.",

WEDNESDAY, MARCH 13, 1996

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and inserting in lieu thereof the following:
"ARTICLE 2 RESERVED".
SECTION 4.
Said title is further amended by striking in its entirety Code Section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code Section 48-6-63 to read as follows:
"48-6-63.
Reserved, (a) Short teioi notes, secured by leal estate shall be subject to ad valorem taxa tion dt lliu rate prebciibed for other intangible proper ty in subsection (a) uf Code Section
(b) Nothing contained in this Code section shall be construed to require the payment of
flu VcllGl cm CflXGS On SIlOi*t ~w3I*ili ilOttiS Djf flliy lilSvltiltiOilS 6XfiIHpt6u Dy Al'tlClc ^ 01 tHiS
chapter;"
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate and the ail valorem UA lequired by this article to be paid on shortterm notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this arti cle by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property."
SECTION 6.
Said title is further amended by striking in its entirety subsection (a) of Code Section 48-672, relating to collection and distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting of ficer of each county and said officer shall make the distributions in the same manner as provided in Article 2 of this chapter Code Section 48-6-8."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenue from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows:

All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same propmtioii that revenues derived from the intangible personal piopei'ty Lax imposed by Article 2 of this chapter a/e distributed manner as provided in Code Section 48-6-8. If the real property is located in more than one county, the appro priate portion of the intangible recording tax shall be distributed equitably by the com missioner among the affected counties."

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SECTION 8.
Said title is further amended by striking in its entirety division (b) (7) (A) (ii) of Code Sec tion 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b) (7) (A) (ii) to read as follows:
"(ii) No depository financial institution, as defined in Code Settiun 48-0-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its par ent organization or any corporate subsidiaries with respect to any state or local tax levied against such depositary financial institution as a result of this title. As used in this division, the term:
(I) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stockT
(II) 'Depository financial institution' means a *bank' or a 'savings and loan association.'
(III) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;"!
SECTION 9.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1996.
SECTION 10.
The General Assembly hereby declares that the exemptions from the intangibles tax set forth in Code Section 48-6-22 are integral parts of the intangibles tax and not severable; and, if these exemptions are judicially declared to be unconstitutional, it is the expressed intent of the General Assembly that Article 2 of Chapter 6 of Title 48 shall be invalid in its entirety and of no force or effect.
SECTION 11.
All laws and parts of laws in conflict with Act are repealed.
Senator Starr of the 44th offered the following amendment:
Amend the Senate Finance and Public Utilities Committee substitute to HB 6 by striking lines 11 and 12 of page 1 and inserting in their place the following:
"notes; to".
By striking lines 3 through 13 of page 17 and inserting in their place the following:
"SECTION 10.
All laws and parts of laws in conflict with Act are repealed."
On the adoption of the amendment, the yeas were 35, nays 0; and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, MARCH 13, 1996

1365

On the 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 Henson Hill 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 Walker

Those not voting were Senators:

Black Harbison

Hooks (excused) Ray (presiding)

Stokes (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.

HR 734. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:

Senate Sponsor: Senator Starr of the 44th.

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the repeal of any intangible personal property tax by general law without approval in a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article VII, Section I, Paragraph III is amended by striking subparagraph (b) (1) and in serting in its place a new subparagraph (b) (1) to read as follows:
"(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangi ble personal property including money; provided, however, that any taxation of intangi ble personal property may be repealed by general law without approval in a referendum."
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:

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"( ) YES Shall the Constitution be amended so as to authorize the repeal of any intan( ) NO gible personal property tax by general law without a 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.
Senator Starr of the 44th offered the following amendment:
Amend HR 734 by striking the period and quotation marks at the end of line 17 of page 1 and inserting in their place the following:
"effective for all taxable years beginning on or after January 1, 1996.'"
By striking the question mark and quotation marks at the end of line 27 of page 1 and inserting in their place the following:
"effective for all taxable years beginning on or after January 1, 1996?'"
On the adoption of the amendment, the yeas were 35, nays 0; and the Starr amend ment to HR 734 was adopted.
Senators Gochenour of the 27th, Edge of the 28th, Day of the 48th and others offered the following substitute to HR 734:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the repeal of any intangible personal property tax by general law without approval in a referendum; to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is ap proved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section I, Paragraph III is amended by striking subparagraph (b) (1) and in serting in its place a new subparagraph (b) (1) to read as follows:
"(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangi ble personal property including money; provided, however, that any taxation of intangi ble personal property may be repealed by general law without approval in a referendum.''
SECTION 2.
Article VII, Section I of the Constitution is amended by adding a new Paragraph at the end thereof, to be designated Paragraph IV, to read as follows:
"Paragraph IV. Authorization of taxes, fees, assessments, and charges. No general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by twothirds of the members elected to each branch of the General Assembly in a roll-call vote."
SECTION 3.
The above proposed amendments 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 amendments shall have written or printed thereon the following:

WEDNESDAY, MARCH 13, 1996

1367

"( ) YES Shall the Constitution be amended so as to authorize the repeal of any intan( ) NO gible personal property tax by general law without a referendum?"
"( ) YES Shall the Constitution be amended so as to provide that no general bill provid( ) NO ing for or increasing any tax, fee, assessment, or charge for state purposes
shall become law unless such a bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If either of such amendments shall be ratified as provided in said Paragraph of the Consti tution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, Senator Starr of the 44th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay

Crotts Day Edge Glanton Goehenour Johnson of 1st Lamutt

Land McGuire Newbill Ralston Scott Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Dean Egan Farrow Gillis Griffin Guhl Harbison

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

Perdue Pollard Ragan Slotin Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Brown of 26th Hooks (excused)

Ray (presiding) Stokes (excused)

On the adoption of substitute, the yeas were 21, nays 31, and the Goehenour et al. substitute was lost.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th

Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Glanton Goehenour Griffin

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JOURNAL OF THE SENATE

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

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott

Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Harbison Hooks (excused)

James Langford Ray (presiding)

Stokes (excused)

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The President resumed the Chair.

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.
Senate Sponsor: Senator Gillis of the 20th.
Senator Gillis of the 20th offered the following substitute to HB 1160:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the general provisions relative to the registration, opera tion, and sale of watercraft, so as to provide that certain vessels shall be equipped with certain types of life preservers; to provide that it shall be unlawful for any person to oper ate 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 that the Department of Natural Resources may regulate and restrict vessel operation and recreational activities on the waters of this state; to provide for the placement of certain signs and markers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 52-7-8, relating to the classification of vessels and required equipment, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) Lifesaving devices.
(1) 1L \eiy vcS&ci &liml uc biguippOu willi tlic luliuwiiig iiuiiiuci tiilu type ul pci Suilm IlOtiltiGil ucViCcS.
(A) li*vci -y (JLaaa A vessel Sllml Cdiiy &bOcliU, dt ml tuVicfe, <it IctiSt Oilc lypc I, II, 111, IV, Oi" V \HyDi~iClj pci~&0ixcil llOLaLiOil QcViCc I0i" cdCll pci'SOii Oil DutirCl, pl"OViClciCi, FiOWcvci, JL^pc; V ili^ljuiij ClcViCcS ti~c tiCCcpLciOlc uiilj/ Wilcii wOin ij.iCi ^cCinci^y ia&Ldicu,
(B)-Every Class 1, 2, and 3 vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each

WEDNESDAY, MARCH 13, 1996

1369

person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securing fastened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsec tion (a) of Code Section 50-7-8.2 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 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.
Said article is further amended by striking in its entirety Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory markers and related matters, and in serting in lieu thereof the following:
"52-7-20.
(a) As used in this Code section, the term:
(1) 'Aids to navigation' means buoys, beacons, or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.
(2) 'Regulatory markers' means any anchored or fixed marker in or on the water or any sign on the shore or on a bridge over the water other than aids to navigation and shall include, but not be limited to, bathing markers, speed zone markers, information markers, danger zone markers, boat keep-out area markers, and mooring buoys.
(b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted.
(c) It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on any public waters of the state which the commissioner has designated as a hazardous area or on the Chattahoochee Kiver between the Morgan Falls Dam and the Georgia Highway 400 bridge in any area identi fied by regulatory markers as a no ski area.
(d) The commissioner is authorized to regulate and restrict vessel operation and other recreational water related activities on the public waters of the state. The Department of Natural Resources is authorized to place or designate the placement of signs and mark ers so as to identify the areas restricted by this Code section.
No city, county, or individual may attempt to regulate the public waters of this state by use of the above-mentioned signs and markers without the express written per mission of the commissioner of natural resources.

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(eXf) The operation of any vessel within prohibited areas that are marked shall be primafacie evidence of negligent operation.
(fXg) It shall be unlawful for a person to operate a vessel on the waters of this state in a manner other than that prescribed or permitted by regulatory markers.
feXh) No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursu ant to this Code section."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th offered the following amendment:
Amend the Gillis substitute to HB 1160 by striking on p. 1, lines 21 through line 33, and on p. 2., striking lines 1 through line 15.
On the adoption of the amendment a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Clay Crotts Day Edge

Glanton Gochenour Guhl Johnson of 1st Lamutt

Land Langford Ralston Tysinger Walker

Those voting in the negative were Senators:

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

Griffin Harbison Henson Hill James Johnson of 2nd Kemp Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ray Scott Starr Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Cagle Hooks (excused)

Slotin Stokes (excused)

On the adoption of the amendment, the yeas were 16, nays 36; and the Land amend ment to the Gillis substitute lost.
On the adoption of the substitute, the yeas were 43, nays 0; and the Gillis substitute to HB 1160 was adopted.
Pursuant to Senate Rule 143, action on HB 1160 was suspended and the bill was placed on the General Calendar.

WEDNESDAY, MARCH 13, 1996

1371

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.
Senate Sponsor: Senator Egan of the 40th.
The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1030 by striking in their entirety lines 17 through 24 of page 32 and inserting in lieu thereof the following:
"(1) If the decedent is survived by a spouse, the decedent's heirs shall be determined as follows:
(A) The spouse is the sole heir unless the decedent is survived by any descendant who is not also a descendant of the surviving spouse; and
(B) If the decedent is survived by any descendent who is not also a descendant of the spouse, the estate shall be divided into as many equal shares as there are children and deceased children who are survived by one or more descendants, plus one, and there shall be distributed to the spouse one such equal share plus one such equal share for each of such children or deceased children who is or was his or her child; provided, however, that if there are more than two children and deceased children of the dece dent, one share shall be increased to one-third of the estate and all other equal shares reduced pro rata with the increased share being distributed to the spouse in lieu of one equal share. The balance of the estate shall be divided, per stirpes, between the dece dent's descendants who are not descendants of the spouse;"
By striking in their entirety lines 36 through 40 of page 148 and lines 1 through 3 of page 149.
On the adoption of the amendment, the yeas were 36, nays 0; and the committee amendment was adopted.
Senator Boshears of the 6th offered the following amendment:
Amend HB 1030 by adding on line 31 of page 1 between the semicolon and the word "to" the following:
"to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings;"
By adding between lines 6 and 7 on page 21 four new sections to read as following:
"SECTION 8A.
Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 295-6, 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 Chaplei 04 of Title 43 the laws of this or any other state or of a psychologist licensed to practice under Chapter 09 uf 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:

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(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;
Senator Egan of the 40th asked for a ruling by the President on the germaneness of the Boshears amendment.
The President ruled the Boshears amendment germane.
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Brown of 26th Burton Cheeks
Day

Glanton Griffin Guhl Hill James Johnson of 2nd Kemp
Lamutt

Marable McGuire Newbill Ragan Scott Tanksley Thompson

Those voting in the negative were Senators:

Bowen Broun of 46th Clay Dean Edge Egan Farrow Gillis

Gochenour Harbison Henson Land Langford Madden Middleton Oliver

Perdue Pollard Ralston Ray Slotin Thomas Turner Tysinger

Those not voting were Senators:

Balfour Cagle Crotts

Hooks (excused) Johnson of 1st Starr

Stokes (excused) Taylor Walker

On the adoption of the amendment, the yeas were 23, nays 24; and the Boshears amendment lost.
Senator Boshears of the 6th moved that the Senate reconsider its action in failing to adopt the Boshears amendment.
On the motion, the yeas were 19, nays 20, and the motion to reconsider the Boshears amendment lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Day Dean Edge Egan Farrow Gillis Glanton Gochenour

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

WEDNESDAY, MARCH 13, 1996

1373

Land
Langford Madden Marable McGuire Middleton Newbill
Oliver

Perdue
Pollard Ragan Ralston Ray Scott Slotin
Starr

Tanksley
Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Boshears

Those not voting were Senators:

Cagle Crotts

Hooks (excused) Johnson of 1st

Stokes (excused)

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

HB 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.
Senate Sponsor: Senator Farrow of the 54th.

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Brown of 26th.

Those not voting were Senators:

Blitch Crotts Egan

Harbison Hooks (excused) Johnson of 2nd

Perdue Stokes (excused)

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed.

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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.
Senate Sponsor: Senator Burton of the 5th.

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

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge 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 Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Balfour.

Those not voting were Senators:

Abernathy Black Crotts

Egan Farrow Hooks (excused)

Stokes (excused)

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Edge of the 28th moved that Senator Crotts of the 17th be excused due to a meeting in the House. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Crotts was excused.

HR 853. By Representative Coleman of the 142nd:

A resolution authorizing the conveyance of certain state owned real property located in Dodge County.
Senate Sponsor: Senator Ray of the 19th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

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1375

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

James Johnson of 2nd Kemp Lamutt Land Langford Madden
Marable McGuire Middleton Oliver Perdue Pollard

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Crotts (excused) Egan

Johnson of 1st Stokes (excused)

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

On the adoption of the resolution, the yeas were 51, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Madden of the 47th.

The Senate Committee on Health and Human Services offered the following amendment:
Amend HB 1575 by striking line 22 on page 2 and inserting in lieu thereof the following:
"or injury if such testing is appropriate to stabilize the".
By striking lines 27 and 28 on page 2 and inserting in lieu thereof the following:
"intervention to stabilize the condition of the patient without seeking or receiving pro spective authorization by an".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden

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Marable McGuire Middleton Newbill Perdue Pollard

Ragan Ralston Ray Scott Slotin

Those not voting were Senators:

Abernathy Crotts (excused) Egan Henson

Johnson of 1st Oliver Stokes(excused)

Starr Tanksley Thomas Turner Tysinger
Taylor Thompson 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.
Senator Madden of the 47th moved that HB 1575 be immediately transmitted to the House.
On the motion, the yeas were 35, nays 0; the motion prevailed and HB 1575 was imme diately transmitted.
Senator Edge of the 28th moved that Senator Johnson of the 1st be excused due to a meeting in the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Johnson was excused.
Senator Brown of the 26th moved that Senator Thomas of the 10th be excused due to pressing business. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thomas was excused.
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.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Health and Human Services Committee offered the following substitute to HB 1183:
A BILL
To be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Anno tated, relating to health maintenance organizations, so as to prohibit such organizations and health care networks from sanctioning certain health care providers for certain discus sions or advocacy; to provide that certain contract provisions are void; to provide for a point-of-service option for certain persons offered health care coverage through a health maintenance organization; to provide for legislative intent; to provide for additional pay ments for such option; to provide for different cost sharing provisions for such option in certain circumstances; to provide for exceptions; to provide for effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 13, 1996

1377

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health mainte nance organizations, is amended by adding immediately following Code Section 33-21-26 a new Code section to read as follows:
"33-21-26.1.
(a) As used in this Code section, the term 'health care network' means any contractual or other arrangement between one or more providers to provide health care services.
(b) No health maintenance organization or health care network may penalize any health care provider for discussing medically necessary or appropriate care with or on behalf of his or her patients.
(c) Those provisions of any agreement or contract executed on or after July I, 1996, which are in violation of this Code section shall be void."
SECTION 2.
Said chapter is further amended by adding at the end thereof a new Code section to read as follows:
"33-21-29.
(a) It is the intent of the General Assembly to allow citizens to have the right to choose their own health care providers with as few mandates from government and business as possible. It is also the intent to allow these choices with no additional cost to any busi ness in this state. With these intentions, and the recognition of necessary governmental involvement through various laws, the General Assembly enacts this Code section.
(b) As used in this Code section, the term:
(1) 'Employer' means an employer, association, or other private group arrangement.
(2) 'Enrollee' means any person entitled to receive health care services or reimburse ment for such services pursuant to a contract with a health maintenance organization, whether the contract is with the person entitled to receive those services or reimburse ment or the contract is with an employer of which such person is an employee or member.
(3) 'Point-of-service option' means a delivery system that permits an enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the enrollee's con tract with the health maintenance organization.
(4) 'Provider' means a provider or a group of providers designated to provide health care services to the health maintenance organization's enrollees, as provider is defined in Code Section 33-21-1.
(5) Trovider panel' means those providers with which a health maintenance organiza tion contracts to provide health care services to the health maintenance organization's enrollees.
(c) If an employer offers health benefit plan coverage to eligible employees or individuals only through a health maintenance organization, the health maintenance organization with which the employer is contracting for the coverage shall offer a point-of-service op tion to the employer, in conjunction with the health maintenance organization, for such employee or individual at such employee's or individual's option to accept or reject.
(d) The point-of-service option offering to such employee or individual may be at no addi tional cost to the employer, and the employer, at the discretion of the employer, may recover such additional cost by various options. These options may include, but are not limited to, deducting from the gross pre-tax monetary compensation of an employee or individual who accepts the additional coverage under a point-of-service option pursuant

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to this Code Section the cost difference between such point-of-service option and the basic health maintenance organization plan as charged to the employer by such health mainte nance organization for such coverage. The employer may also, at the employer's discre tion, recover any additional charge as determined by the employer to cover any administrative costs incurred by such employer for offering and handling such point-ofservice option.
(e) A health maintenance organization may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the provider panel of the health maintenance organization.
(f) This Code section shall not apply to the Department of Medical Assistance with regard to any and all health benefits that department may provide pursuant to Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' nor shall this Code section apply to Chapter 9 of Title 34, relating to workers' compensation."

SECTION 3.

Section 2 of this Act shall become effective on January 1, 1997. The remaining provisions of this Act shall become effective July 1, 1996.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senators Lamutt of the 21st, Johnson of the 1st and others offered the following amendment:
Amend the committee substitute to HB 1183 by striking lines 14 and 15 of page 2 and inserting in their places the following:
"(1) 'Employer' means an employer having at least 50 employees or an association or other private group arrangement having at least 50 members."
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 Boshears Cagle Clay Day Edge

Egan Farrow Glanton Guhl Johnson of 1st Lamutt

Land Langford Newbill Ralston Tanksley

Those voting in the negative were Senators:

Abernathy Black
Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Dean Gillis Gochenour Griffin

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

Perdue Pollard
Ragan Ray Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts (excused)

Stokes (excused)

Thomas (excused)

WEDNESDAY, MARCH 13, 1996

1379

On the adoption of the amendment, the yeas were 17, nays 36, and the Lamutt, Johnson, et al. amendment to the committee substitute lost.
Senators Taylor of the 12th and Walker of the 22nd offered the following amendment:
Amend the committee substitute to HB 1183 by striking "to provide that certain contract provisions are void;" from lines 5 and 6 of page 1.
By striking lines 25 through 31 of page 1 and inserting in their place the following:
"(b) No health care provider may be penalized for discussing medically necessary or ap propriate care with or on behalf of his or her patient.'"
By striking lines 4 through 19 of page 3 and inserting in their place the following:
"(d) An employer may require an employee or individual who accepts the additional cov erage under a point-of-service option to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization."
On the adoption of the amendment, the yeas were 44, nays 1, and the Taylor and Walker amendment to the committee substitute was adopted.
Senators Langford 29th, Edge of the 28th and Land of the 16th offered the following amendment:
Amend the committee substitute to HB 1183 by striking lines 9 through 11 of page 1 and inserting in their place the following:
"provide for legislative intent;".
By striking lines 1 through 25 of page 3 and inserting in their place the following: "employer."

By striking "(f)" and inserting "(d)" on line 26 of page 3. On the adoption of the amendment, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Bowen Cagle Cheeks Clay

Day Edge Egan Farrow Glanton Guhl

Lamutt Land Langford Newbill Ralston Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Boshears Broun of 46th Brown of 26th Burton Dean Gillis Gochenour Griffin Harbison Henson

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

Pollard Ragan Ray Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts (excused)

Stokes (excused)

Thomas (excused)

On the adoption of the amendment, the yeas were 18, nays 35, and the Langford, Edge, et al. amendment to the committee substitute was lost.

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On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

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

Those voting in the affirmative were Senators:

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

Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Madden Marable McGuire Middleton Newbill Oliver

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

Those voting in the negative were Senators:

Black Clay Edge

Egan Glanton Guhl

Lamutt Land Langford

Those not voting were Senators:

Crotts (excused)

Stokes (excused)

Thomas (excused)

On the passage of the bill, the yeas were 44, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Taylor of the 12th moved that HB 1183 be immediately transmitted to the House.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1183 was im mediately transmitted.

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.
The Senate Rules Committee offered the following amendment: Amend SR 615 by striking from line 10 of page 2 the word "seven" and inserting in lieu thereof the word "five".
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 adoption of the resolution as amended, was agreed to.

WEDNESDAY, MARCH 13, 1996

1381

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 Cheeks Clay Dean Edge Farrow Gillis

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

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

Those voting in the negative were Senators:

Abernathy Black Cagle Day

Guhl Johnson of 1st Lamutt Madden

Newbill Ralston Tanksley

Those not voting were Senators:

Crotts (excused) Egan

Stokes (excused) Taylor

Thomas (excused) Walker

On the adoption of the resolution, the yeas were 39, nays 11.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Judiciary Committee offered the following substitute to HB 1401:
A BILL
To be entitled an Act to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to change the method for determining mini mum compensation for full-time and part-time judges of the state courts of counties and those exercising jurisdiction only over traffic offenses; to provide that such compensation shall be from county funds; to authorize counties to supplement the minimum compensa tion of such judges; to provide that compensation shall not be decreased during incumbents' terms of office; to prohibit compensation from fees; to provide that the General Assembly may fix compensation of such judges by local law; to provide that the increase in compensa tion shall be divided into thirds and phased in over a three-year period; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, is amended by striMng in its entirety Code Section 15-7-22, relating to compensa tion of judges, which reads as follows:
"15-7-22.

Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county.",
and inserting in lieu thereof the following: "15-7-22.

(a) As used in this Code section, the term 'full-time' means a judge who is regularly em ployed for a work week of no less than 40 hours and who may not engage in the private practice of law. The term 'part-time' means a judge who is regularly employed for a work week of less than 40 hours and who may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction.
(b) The minimum compensation to be paid to a full-time chief judge of any state court of this state shall be an annual salary equal to the sum of 90 percent of the annual salary base of the judges of the superior courts of this state, plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the chief judge of superior court of said county wherein such state court judge is geographically located. All other full-time judges of any state court of this state, and any other full-time judge added to a state court thereafter, shall be paid a minimum annual salary equal to the sum of 90 percent of the annual base salary of a judge of the superior courts of this state, plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the judges of the superior court of said county where such state court judge is geographically located; provided, however, all full-time judges of any state court of this state who serve in a division of the state court which exercises jurisdiction only over traffic cases shall be paid a minimum annual salary equal to the sum of 90 percent of the other full-time judges of that state court as provided in this subsection.
(c) The minimum compensation to be paid a part-time judge of any state court of this state who serves in a four-year term, elected position shall be in accordance with a mini mum annual salary based upon a combination of the population of the county where the state court judge is geographically located and a percentage of the annual base salary of a superior court judge of this state as set forth in the following schedule:

County Population
0 -- 9,999 10,000 -- 19,999 20,000 -- 29,999 30,000 -- 39,999
40,000 or over

Percentage of Superior Court ___Judge's Base Pay___
10% 20% 30% 40% 50%

The minimum salary for each affected part-time judge shall be fixed from the above table according to the population of the county in which the part-time judge serves as determined by the United States decennial census of 1990 or any future such census.
(d) Judges of the state courts shall be compensated from county funds. The county governing authority is authorized to supplement the minimum compensation thus fixed to be paid to the judges of the state court of that county; but no state court judge's compensation or supplement existing at the time of the passing of this legislation shall be decreased during the incumbent's term of office.

WEDNESDAY, MARCH 13, 1996

1383

(e) State court judges, whether full-time or part-time, shall be compensated on a salary basis and not in whole or in part from fees; and the salaries and supplements of all state court judges shall be paid in equal monthly installments from county funds.
(f) The General Assembly may by local law fix the compensation of any or all of a county's state court judges.
(g) For each full-time and part-time judge of the state court, the county governing authority shall calculate in dollars and cents the increase in compensation resulting from the minimum salary provisions of this Code section. One-third of such increase shall become effective on January 1,1997; one-third of such increase shall become effective on January 1, 1998; and one-third of such increase shall become effective on January 1, 1999. Provided, however, that such calculation shall be revised if the judges of the superior courts of this state are granted an increase in their annual salary base, with the increase for judges of the state court attributable to the increase in annual base salary for judges of the superior courts effective on the same date as the increase in the annual base salary for judges of the superior courts becomes effective."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1401 by striking line 26 of page 2 in its entirety and inserting in lieu thereof the following:
"minimum annual salary equal to the sum of 80 percent of.
On the adoption of the amendment, the yeas were 38, nays 0, and the Clay amendment to the committee substitute was adopted.
Senators Walker of the 22nd and Cheeks of the 23rd offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1401 by striking lines 10 through 13 on page 2 and inserting in lieu thereof the following:
"state".

By striking lines 18 through 22 on page 2 and inserting in lieu thereof the following:
"of a judge of the superior courts of this state; provided, however, that all".
On the adoption of the amendment, the yeas were 34, nays 0, and the Walker and Cheeks amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Clay

Edge Farrow Henson Lamutt Langford

Oliver Ralston Tanksley Taylor Thompson

Those voting in the negative were Senators:

Balfour Bowen Broun of 46th Brown of 26th Burton

Cheeks Crotts Day Dean Egan

Gillis Glanton Gochenour Griffin Guhl

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

Madden Marable McGuire Middleton Newbill Perdue

Pollard Ragan Ray Scott Starr Tysinger

Those not voting were Senators:

Cagle James
Slotin

Stokes (excused) Thomas (excused)
Turner

Walker

On the passage of the bill, the yeas were 15, nays 34. The bill, having failed to receive the requisite constitutional majority lost. The following resolution was taken up to consider House action thereto:

SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to pro vide for the submission of this amendment for ratification or rejection.
The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties, municipalities, or combinations thereof; to provide for exemptions, credits, or reductions of taxes within such enterprise zones; to provide for conditions and limitations; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article IX, Section II, Paragraph VII of the Constitution is amended by adding a new subparagraph (c) at the end thereof to read as follows:
"(c) The General Assembly is authorized to provide by general law for the creation of enterprise zones by counties or municipalities, or both. Such law may provide for exemp tions, credits, or reductions of any tax or taxes levied within such zones by the state, a county, a municipality, or any combination thereof. Such exemptions shall be available only to such persons, firms, or corporations which create job opportunities within the enterprise zone for unemployed, low, and moderate income persons in accordance with the standards set forth in such general law. Such general law shall further define enter prise zones so as to limit such tax exemptions, credits, or reductions to persons and geo graphic areas which are determined to be underdeveloped as evidenced by the unemployment rate and the average personal income in the area when compared to the remainder of the state. The General Assembly may by general law further define areas qualified for creation of enterprise zones and may provide for all matters relative to the creation, approval, and termination of such zones."

WEDNESDAY, MARCH 13, 1996

1385

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO provide by general law for the creation of enterprise zones for the purposes of
providing exemptions, credits, and reductions of taxes levied by the state, a county, a city, or any combination thereof to persons, firms, or corporations which create job opportunities within designated enterprise zones to provide employment opportunities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SR64.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson 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 Tanksley Taylor Thompson Tysinger Walker

Those not voting were Senators:

Hill James

Stokes (excused) Thomas (excused)

Turner

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 64.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 6:50 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, March 14, 1996
Thirty-eighth 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:
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
SB 774. By Senator Farrow 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.
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 provisions relating to the compensation of the coroner; to provide an effective date.
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.
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.
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 the city.

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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.
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.
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.
SB 387. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the Southern Regional Emer gency Management Compact; to provide a short title; to provide for the purpose and authorities of said compact; to provide for general implementation; to pro vide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabili ties and immunities.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 525. By Senator Broun of the 46th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.

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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.
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.
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.
HR 981. By Representatives Felton of the 43rd, Lane of the 146th, Barnes of the 33rd and others:
A resolution requesting Congress to devolve the unemployment insurance sys tem back to state control.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.
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.

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SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evidence of the alleged crime is collected.
SB 640. By Senators Abernathy of the 38th, Oliver of the 42nd, Middleton of the 50th and others:
A bill to amend Article 1 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.
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.
SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define cer tain terms; to provide for a court determination of a sexually violent predator.
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.
SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the defi nition of the offense of contributing to the delinquency, unruliness, or depriva tion of a minor.

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The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

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 House has agreed to the Senate amendment, to the House substitute, to 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 following resolution was introduced, read the first time and referred to committee:

SR 694. By Senators Hill of the 4th, Gillis of the 20th, Starr of the 44th and others:
A resolution creating the Senate Study Committee on Business Incentives for Agriculture.

Referred to Rules Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Defense and Vertans Affairs 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 1440. Do pass as amended.

HR 854. Do pass.

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

Mr. President:

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

HB 1754. Do pass.

HB 1444. Do pass.

HB 1785. Do pass by substitute.

HB 1610. 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 460. Do pass as amended.

HB 1655. Do pass by substitute.

HB 1076. Do pass.

HB 1804. Do pass as amended.

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HB 1496. Do pass.

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 recommend ation:
HB 1590. Do pass as amended.
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 339. Do pass.

HB 1626. Do pass.

HB 1145. Do pass.

HB 1654. Do pass.

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

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

HB 1014. Do pass as amended.

HB 1430. Do pass as amended.

HB 1425. Do pass as amended.

Respectfully submitted, Senator Oliver of the 42nd 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 1033. Do pass by substitute.

HB 1172. Do pass.

HB 1122. Do pass.

HB 1396. Do pass.

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

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Mr. President: The Committee on Public Safety has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1738. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SR 639. Do pass.

HR 1091. Do pass.

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

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

SB 372. Do pass by substitute.

HB 1813. Do pass.

SB 785. Do pass.

HB 1848. Do pass.

SB 786. Do pass.

HB 1855. Do pass.

SB 787. Do pass.

HB 1858. Do pass.

SB 788. Do pass.

HB 1861. Do pass.

HB 1344. Do pass.

HB 1863. Do pass as amended.

HB 1502. Do pass by substitute.

HB 1867. Do pass.

HB 1503. Do pass.

HB 1869. Do pass.

HB 1707. Do pass as amended.

HB 1872. Do pass.

HB 1750. Do pass.

HB 1873. Do pass.

HB 1799. Do pass.

HB 1879. Do pass as amended.

HB 1812. Do pass.

HB 1880. Do pass as amended.

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

The President assumed the Chair.

The following bills were read a second time.

SR 639 HB 1145 HB 1444 HB 1655
HR 1091

HB 460 HB 1172 HB 1496 HB 1738

HB 1014 HB 1396 HB 1590 HB 1754

HB 1033 HB 1425 HB 1610 HB 1785

HB 1076 HB 1430 HB 1626 HB 1804

HB 1122 HB 1440 HB 1654 HR 854

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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 Dean Egan

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

Langford Madden Marable McGuire Newbill Pollard Ralston Ray Scott Starr Tanksley Turner Tysinger

Those not answering were Senators:

Abernathy Day Edge Hooks (excused conferee) Kemp

Middleton Oliver Perdue Ragan Slotin

Stokes Taylor Thomas Thompson Walker (excused conferee)

Due to a malfunction in the voting machine, the vote of Senator Scott of the 36th did not register on the morning roll call. The President authorized the Secretary to record Senator Scott's vote on each roll call until the machine could be repaired.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Clay of the 37th introduced the chaplain of the day, Reverend Camille Hegg, pastor of St. James Episcopal Church, Marietta, Georgia, who offered scripture reading and prayer.
The Lieutenant Governor introduced Larry Jones of Feed the Children, who addressed the Senate briefly.
Senator Ray of the 19th, President Pro Tempore assumed the Chair.
The following communication was filed with the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
March 14, 1996

Honorable Frank Eldridge Secretary of Senate 353 State Capitol

Dear Frank:
I would like to state that on Wednesday, March 13, 1996. I was on the Senate floor when roll call was taken. However, I could not get to the voting box quickly enough to be able to vote. I would like to request for the record that I was present on this day.
Sincerely, /a/ Steve Langford

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The following resolutions were read and adopted;
SR 659. By Senator Madden of the 47th:
A resolution congratulating Sarah E. Knowles on the occasion of her 100th birthday.
SR 660. through SR 693. By Senators Hill of the 4th and Hooks of the 14th: Commending outstanding Scholars on Academic Recognition Day.
SR 695. By Senators Ralston of the 51st and Newbill of the 56th: A resolution commending the members and coaches of the Sequoia High School wrestling team, Georgia AAAAA Champions.
SR 696. By Senators Dean of the 31st and Ralston of the 51th: A resolution honoring Chief John Ross of the Cherokees.
SR 697. By Senator Ragan of the llth: A resolution recognizing and congratulating the Pelham Rotary Club on the oc casion of its 50th Anniversary.
Senator Brown of the 26th moved that Senator Thomas of the 10th be excused from the Senate. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Thomas of the 10th was excused.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, March 14, 1996
THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 372 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, so as to provide for the Presiding Officer of the Commission and not the Chief Executive Officer to preside over and prepare the agenda for Commission meetings and authorize the Commission to contract for consultants and legal counsel. (SUBSTITUTE)
SB 785 Thomas, 10th Glanton, 34th Starr, 44th CITY OF FOREST PARK CLAYTON COUNTY An Act to amend an Act entitled "An Act to reincorporate the City of Forest Park" in the County of Clayton, so as to change the corporate limits.

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SB 786 Griffin, 25th HANCOCK COUNTY
An Act to amend an Act creating the Board of Commissioners of Hancock County, so as to change the provisions relating to per diem allowances of the chairperson and members of the board of commissioners.
SB 788 Taylor, 12th Ragan, llth BAKER COUNTY
An Act to provide that the judge of the Probate Court shall also serve as the chief magistrate of the Magistrate Court.
SB 787 Griffin, 25th HANCOCK COUNTY
A bill to amend an Act placing the sheriff, the judge of the probate court, and the clerk of the superior court on annual salaries in lieu of the fee system of compen sation, so as to change the provisions relating to the personnel of the sheriff and the compensation thereof.
HB 1344 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
An Act 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 1502 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
An Act to provide a new charter for the City of Atlanta; and for other purposes. (SUBSTITUTE)
HB 1503 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
An Act to recognize the Board of Education and to continue the Atlanta In dependent School System; and for other purposes.

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HB 1813 Guhl, 45th CITY OF GOOD HOPE WALTON COUNTY
An Act 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 1848 Middleton, 50th TOWN OF TALLULAH FALLS
An Act 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 meetings of the town council.
HB 1855 Blitch, 7th BERRIEN COUNTY
An Act to amend an Act creating the Board of Education, so as to change the description of the districts from which members of such board are elected.
HB 1858 McGuire, 30th Glanton, 34th CITY OF LITHIA SPRINGS
An Act to amend an Act known as the "Douglasville-Douglas County Water and Sewerage Act," so as to provide that the mayor, and not a designee of the mayor, shall be an ex offlcio member of the authority board of directors.
HB 1861 Gochenour, 27th CRAWFORD COUNTY
An Act 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 1707 Edge, 28th Glanton, 34th FAYETTE COUNTY
An Act to provide a homestead exemption from certain ad valorem taxes levied for county purposes and to provide a homestead exemption from certain Fayette County School District ad valorem taxed for educational purposes. (AMENDMENT)
HB 1750 Clay, 37th Ralson, 51st Newbill, 56th CITY OF WOODSTOCK CHEROKEE COUNTY
An Act to provide for an advisory referendum election for the purpose of ascer taining whether the corporate limits of the City of Woodstock should be extend ed to include part of the right of way of Interstate 575.

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HB 1799 Land, 16th TALBOT COUNTY
An Act to provide that certain vehicles shall be registered and licensed to oper ate for calendar year 1998 and thereafter during the four-month staggered re gistration 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 1812 Guhl, 45th CITY OF MONROE WALTON COUNTY
An Act 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.
*HB 1863 Boshears, 6th Blitch, 7th WARE COUNTY
An Act to amend an Act creating the State Court, so as to change the term of office of the solicitor of said court. (AMENDMENT)
HB 1867 McGuire, 30th Glanton, 34th CITY OF LITHIA SPRINGS
An Act to provide a new charter for the City of Lithia Springs; and for other purposes.
HB 1869 Taylor, 12th CALHOUN COUNTY
An Act to amend an Act relating to the Board of Commissioners, so as to change the compensation of the chairman and members of the board of commissioners.
HB 1872 Day, 48th Cagle, 49th CITY OF BUFORD
An Act to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 1873 Middleton, 50th CITY OF HIAWASSEE
An Act 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.

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*HB 1879 Madden, 47th CITY OF HARWELL
An Act to create the City of Hartwell Recreation Authority; and for other pur poses. (AMENDMENT)
*HB 1880 Black, 53rd Farrow, 54th WHITFIELD COUNTY
An Act to increase the homestead exemption from ad valorem taxes for county purposes and provide for conditions and procedures relating thereto. (AMENDMENT)
*HB 1745 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th
An Act to amend an Act known as the "Gwinnett County Merit System Act" authorizing 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. (AMENDMENT)
The amendments and substitutes to the following bills were put upon their adoption: *SB 372:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 372:
A BILL
To be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981, (Ga. L. 1981, p. 4304), as amended, so as to provide for the Presiding Officer of the Commission and not the Chief Executive Of ficer to preside over and prepare the agenda for Commission meetings; to authorize the Commission to obtain legal counsel from the County Attorney; to remove future depart ment directors and heads from the DeKalb County Merit System and change the provisions relating to their appointment, discharge, and compensation; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IN ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act revising, superseding, and consolidating the laws relating to the governing author ity of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particu larly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga.L. 1981, p. 4304), as amended, is amended by adding at the end of subsection (a) of Section 9 of the 1981 amendatory Act (Ga. L. 1981, pi. 4304), as amended, the following:

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"(21) To obtain legal services from the County Attorney on a lawyer-client basis."
SECTION 2.
Said amendatory Act is further amended by striking subsections (a) and (c) of Section 11, in their entirety and substituting in lieu thereof new subsections to read as follows:
"(a) The Chief Executive may, at such officer's discretion, attend any regular or specially called meeting of the Commission, but shall have no vote unless the members of the Commission are equally divided. Even when the members of the Commission are equally divided, the Chief Executive may not vote on a matter which is not subject to veto by said officer under the provisions of subsection (d) of Section 15 of this Act."
"(c) The Presiding Office shall preside at meetings of the Commission and shall have the following additional duties:
(1) To convene such special meetings of the Commission as are deemed necessary, but all members shall be notified at least three days in advance of any such special meeting;
(2) To appoint the members and chairpersons of such committees of the Commission as the Commission, by its rules, may establish and fill vacancies therein, but any such appointments may be rejected by a majority vote of the total membership of the Commission;
(3) To compel the attendance of members at meetings of the Commission by subpoena, if necessary, subject to the policy of the Commission as established by its rules;
(4) To exercise such other powers and duties as may be assigned to the Presiding Of ficer by ordinance or rules and regulations of the Commission; and
(5) To issue calls for agenda items and prepare and publish a listing of those items, and the same shall serve as the agenda for the Commission unless superseded by the Commission."
SECTION 3.
Said amendatory Act is further amended by adding at the end of subsection (c) of Section 13 thereof the following:
"(3) Nothing in this paragraph shall change the law, as it existed immediately prior to the date in 1996 on which this paragraph first becomes effective, with regard to the Plan ning Director, Finance Director, Merit System Director, or the head of any county depart ment who is in such position on that date. All future successors to those officers, however, shall be appointed by the Chief Executive, subject to confirmation by the Com mission, shall not be under the DeKalb County Merit System, and shall serve at the pleasure of the Chief Executive. The Commission may also discharge any successors to those officers for cause by the affirmative vote of at least five members of the Commis sion. Within the budgetary limitations, the Chief Executive shall fix the compensation of the successors to all such officers. No member of the Commission or the Commission itself shall be authorized to nominate such successors."
SECTION 4.
Said amendatory Act is further amended by striking subsection (1) of Section 13 which reads as follows:
"(1) The Chief Executive shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the Commission unless superseded by the Commission."
SECTION 5.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of DeKalb County shall call and conduct an election as provided in this section

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for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the date of the state wide November general election in 1996, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for the Presiding Officer of the Com( ) NO mission and not the Chief Executive Officer to preside over and prepare the
agenda for Commission meetings, authorizes the Commission to obtain legal counsel from the County Attorney, and removes future department heads and directors from DeKalb County Merit System coverage and changes their ap pointment, discharge, and compensation provisions?"
All persons desiring to vote for approval of the Act shall vote Yes," and those persons desir ing to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections I, 2, 3, and 4 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1, 2, 3, and 4 of this Act shall not become effective and this Act shall be automatically repealed on this first day of January immedi ately following that election date.
The expense of such election shall be borne by DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 6.
Except for Sections 1, 2, 3, and 4 of this Act, this Act shall become effective upon its ap proval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, and 4 shall become effective only as provided in Section 5 of this Act.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
*HB 1502:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1502:
A BILL
To be entitled an Act to provide a new charter for the City of Atlanta; to provide for a bill of rights; 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, vacan cies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspen sion and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for initiative and referendum; to provide for staff of the council; to provide for a city internal auditor and audit committee; to provide for their powers, duties, and authority; to provide for an elected officials compensation commission; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for departments, boards, commissions, and authorities; to provide for a chief finan cial officer; to provide for a city attorney, a municipal clerk, and other personnel and mat ters relating thereto; to provide for rules and regulations; to provide for a civil service system; to prohibit discrimination; to provide for residency of employees; to provide for credit preference, temporary employees, retirement, modification of pension plans, and

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other personnel matters; to regulate complaints, fraud, waste, and abuse; to provide for development plans; to provide for a citizen's service planning review commission; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for court officers and personnel; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for court officers and personnel; to provide for the right of certiorari; to provide for selection and retention; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for a budgeting commission; to provide for city contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for defi nitions and construction; to provide for other matters relative to the foregoing; to repeal certain specific local Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THE CHARTER BILL OF RIGHTS
The council, mayor, and all departments of government of the City of Atlanta shall be guided by the provisions of this Bill of Rights:
1. Religion and Conscience. The City of Atlanta shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship, nor shall the city support any religion.
2. Speech, Assembly, and Press. The City of Atlanta shall not interfere with the rights of freedom of speech, of freedom of the press, to petition the government, or of peaceable assembly.
3. Unreasonable Searches and Seizures. The City of Atlanta shall not authorize any unrea sonable search or seizure.
4. Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, religion, sex, marital status, sexual orientation, or national origin. Nothing herein shall prevent the City of Atlanta from remedying present discrimi nation or the present effects of past discrimination by a race-conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and State of Georgia.
5. Environmental Protection. The City of Atlanta shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and aesthetic qualities of the environment.
ARTICLE 1 Name, Powers, and Boundaries
SECTION 1-101. Name.
The name of the city shall be the "City of Atlanta' which shall be a municipal corporation of the State of Georgia with perpetual duration.
SECTION 1-102. Powers.
(a) The City of Atlanta (hereinafter at times referred to as "city") shall be the legal continu ation of and successor to said city as heretofore incorporated; and may contract and be contracted with; may sue and be sued, and plead and be impleaded in all courts of law and equity and in all action whatsoever, and do all other acts relating to its corporate capacity;

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may purchase, lease, or otherwise acquire such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, lease, sell, or dispose of any such property; and shall have and use an official seal.
(b) The city shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the city and its inhabitants.
(c) The city shall have all powers now vested in the city and now or hereafter granted to municipal corporations by the laws of Georgia and shall have the power to do the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and provide for the collection of license fees and taxes on privileges, occupa tions, trades, and professions, not in conflict with the general law of this state, and to license and regulate such privileges, occupations, trades, and professions and to provide for the manner and method of payment of such licenses and taxes;
(3) To assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges, and tolls for sewer and water services under such rules and regulations prescribed by ordinance; to levy and collect garbage, trash, refuse, and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds; services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations;
(4) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;
(5) To appropriate and borrow money to provide for payment of the debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the state; provided, how ever, such bonding authority shall be exercised in accordance with the laws governing the issuance of bonds by municipalities;
(6) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, or any interest therein, inside or oustside the corporate boundaries of the city and to dispose of said property or any interest therein by sale, lease, or easement;
(7) To accept or refuse gifts, donations, bequests, or grants from any source for any pur pose related to the powers and duties of the city and the general welfare of its citizens, on such terms aond conditions as the donor or grantor may impose;
(8) To condemn property, inside or outside the corporate boundaries of the city, for pres ent or future use, and for any corporate purpose deemed necessary by the council, under Title 22 of the O.C.G.A., as now or hereafter amended, including but not limited to an Act approved Feb. 20, 1945 (Ga. L. 1945, p. 690), granting to the city a fee simple title to property condemned upon payment of the condemnation of money, or under other appli cable state Acts, including but not limited to an Act of the General Assembly of Georgia, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 360), as now or hereafter amended, and Section 6 of an Act of the General Assembly of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 3025, Sec. 6). The city may also condemn any real property or interest therein necessary for the collection, conveyance, treatment and disposal of sew age, and other sanitary purposes both inside and outside the city, including but not lim ited to the waters known as Tanyard Branch and adjacent land. In addition, the city shall be authorized to construct water and sewer utility lines through private property by condemnation or agreement; provided, however, that the condemnation of an existing public use shall be denied unless it can be shown that the specific property to be con demned is absolutely essential to the condemning authority and the use to be condemned does not materially impair the existing public use;

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(9) To acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, natural gas systems, electrical power systems, transportation facilities, airports, and any other public utility inside and outside the corporate limits; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and liens, penalties, and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced, provided liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes; to assess the cost or a portion of the cost of such facilities and services against abutting property under such rules, proce dures, terms, and conditions of payment and enforcement thereof as provided by ordi nance, provided the council shall have no power or authority to sell or in any way alien the city's system of waterworks;
(10) To grant franchises or make contracts for public utilities and public services as pro vided by law. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commis sion, and may grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; the council may extend, renew, or amend a franchise at any time by mutual agreement of the parties and by adoption thereof by the council at two consecutive meetings. In all other cases, the coun cil shall have no authority or power to grant, consent to, or permit the extension, re moval, or change of the term for which franchisees have been or may be granted or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the 12 months immediately preced ing the expiration of the term of such franchises and permit; and all extensions and re newals made in violation of this section shall be void;
(11) To lay out, open, extend, widen, narrow, establish or change the grade of, vacate, abandon, or close, construct, pave, repave, curb, gutter, adorn with shade trees, other wise improve, maintain, repair, clear, prevent erosion of, and light streets, alleys, side walks, and walkways within the corporate city limits of the city; to acquire land for such improvements and to assess the cost or a portion of the cost of payment and enforcement thereof against abutting property under such rules, procedures, terms, and conditions as provided by ordinance;
(12) To undertake and expend tax or nontax funds to foster mutual understanding, toler ance, respect, and improvement of human relations among all citizens of the city;
(13) To establish and fix a system of grading and draining of the streets of the city; and to cause the owners of lots or cellars to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located. After reasonable notice, the city shall be authorized to have said lots or cellars so drained or filled and the amount so expended collected by executions against the owner or occupant thereof;
(14) To acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public ways, parks, public grounds, cemeteries, markets, and market houses, public buildings, libraries, airports, auditoriums, and charitable, educational, recreational, con servation, sport, curative, corrective, detentional, penal, and medical institutions, agen cies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., as now or hereafter amended, or other applicable public Acts, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia;
(15) To require estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the term and condi tions under which such repairs and maintenance shall be effected, including the penal ties to be imposed for failure to do so;

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(16) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures;
(17) To regulate or prohibit junk dealers; to regulate and control billiard rooms; to regu late and control pawnshops; to regulate the manufacture, sale, or transportation of intox icating liquors; to regulate the use and sale of firearms; and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;
(18) To regulate and control the conduct of peddlers, and itinerant trades, theatrical per formances, exhibitions, or shows of any kind whatever, by taxation or otherwise;
(19) To license, tax, regulate, or prohibit professional fortunetelling or palmistry;
(20) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstruc tions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punish ment for violation of such ordinances;
(21) To prescribe standards of safety and sanitation and to provide for the enforcement of such standards;
(22) To regulate emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(23) To fix and establish fire limits and from time to time extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(24) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(25) To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; and to establish and oper ate incinerators for the purpose of disposal of garbage and other refuse of the city;
(26) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees and to provide for the manner and method of collecting such service charges, provided that any such charges, taxes, or fees, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city prop erty taxes;
(27) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewage system and to levy on the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;
(28) To charge, impose, and collect a sewer connection fee or fees and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system;
(29) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare,

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and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(30) To define a nuisance in the city and to provide for its abatement; to cause nuisances which are likely to endanger the health of the city or any neighborhood therein to be abated in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the council shall elect. The council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon failure or refusal to abate the same within ten days after written notice and hearing from the city to do so, said expense to be a lien upon the property for which execution may issue as for property taxes;
(31) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(32) To establish minimum standards for, and to regulate building construction and re pair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; to require adequate fire es capes on buildings; and to regulate or restrict smoking in public places, dangerous sub stances, and weapons;
(33) To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county or other correctional institution, to jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies; or the council may provide programs of conditional leave or furlough persons given sentences by any court prior to completion of such sentences;
(34) To adopt ordinances and regulations for the prevention and punishment of disor derly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries, except as otherwise authorized under the Constitution and general laws of this state, and to prohibit and regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, is deemed by the council to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;
(35) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same in violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide for the location, use, and cleanliness of private stables; to forbid the erection of such stables when they are likely to be injurious to the health of citizens; and to provide punishment for violation of ordinances enacted hereunder;
(36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; to regulate and rent parking spaces in public ways for the use of such vehicles; to regulate transportation lines and terminals, pedestrian and vehicle traffic, parking, and common carriers;
(37) To regulate the operation of motor vehicles and exercise control over all traffic, in cluding parking, upon or across the streets, roads, alleys, and walkways of the city;
(38) To provide that upon the conviction of the violation of any ordinance, rule, regula tion, or order such person shall be punished as provided by ordinance but not exceeding any limitations now or hereafter prescribed by the charter;

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(39) To develop for park or recreational purposes land adjacent to the banks of rivers, creeks, and other streams in counties of which the city is a part, which is now owned by the city or which may be dedicated or otherwise acquired by it for such purposes; and to solicit and accept grants of land adjacent to said banks and use the same for such pur pose; and to abate in any manner provided by law any pollution of said rivers, creeks, or other streams caused by deleterious substances such as sewage of any kind, brush, logs, or other deleterious matter or things; and any of such pollution shall constitute a nuisance;
(40) To levy taxes and to make appropriations for the purpose of advertising the city, its advantages, and resources, so as to bring new capital, commercial, manufacturing, and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of libraries;
(41) To regulate and control streets, public alleys, and ways and the uses thereof; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any public street, public alley, or way or portion thereof for bridges, passage ways, or any other purpose or use between buildings on opposite sides of the street and other bridges, overpasses, and underpasses for private use at such locations; and to charge a rental therefor in such manner as may be provided by ordinance;
(42) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances. This power to regulate land use shall include authority to identify, nominate, designate, and regulate historic zones or areas, whether such zones or areas are individual buildings, structures, or sites, or are combinations of buildings, structures, or sites, so as to promote the public health, safety, and morality, and the educational, aesthetic, cultural, economic, and general welfare of the city, by preserving and protecting historic buildings, structures, and sites and combinations thereof. It shall also include authority to empower the Atlanta Urban Design Commission to: prepare inventories and conduct studies and surveys; prepare and promulgate administrative de sign criteria for historic zones or areas; apply for and use public or private funds; hold public hearings; review urban design aspects, including works of art, of public projects and private projects impacting public property; identify, nominate, and make recommen dations regarding historic zones or areas; prohibit or authorize, conditionally or other wise, construction, demolition, or alteration within or of designated historic zones or areas and issue permits relative thereto; and in connection therewith, may form a threeperson panel of real estate and economic experts to render decisions and advice regard ing economic hardships affecting historic properties; administer Atlanta's historic preser vation regulations; promulgate administrative rules governing the commission's operating procedures; and perform other similar historic preservation and urban design functions. It shall also include authority to provide for appeals of final decisions of the urban design commission to the Superior Court of Fulton County;
(43) To engage the necessary personnel to administer and enforce ordinances, rules, and regulations adopted by the council;
(44) To inspect, weigh, measure, and otherwise regulate any products grown, mined, manufactured, or otherwise produced or acquired;
(45) To regulate by licenses, bonds, permits, or otherwise, or restrict, the manufacture, sale, lease, rental, use, or solicitation of any real or personal property and the presenta tion of any services or spectator activities;
(46) To regulate or restrict through permits, fees, codes, review boards, or otherwise the construction, use, and maintenance of real or personal property and the emission and disposal thereon or therefrom of any substance that tends to pollute land, water, or air;
(47) To enforce city ordinances outside the city limits along and for 50 feet on all sides of transportation lines in unincorporated Fulton County and to the end of transportation lines, except as to railroads, along and for 300 feet on all sides of the city water mains and along and for ten feet on all sides of the city sewer lines and sewage treatment property;

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(48) To make contracts for and to accept grants-in-aid and loans from the federal, state, city, and county governments and their authorities and other agencies for constructing, expanding, examining, and operating any project or facility or performing any function, which the city may be authorized by law to provide or perform;
(49) To provide for post entry training, blanket surety bonds, federal social security, and other employee services;
(50) To establish a civil defense plan for the continuity of city government in the event of any enemy attack or other emergency;
(51) To grant to city police officers the same power in the unincorporated areas of Fulton County to make arrests, to execute and return all criminal warrants and processes, and exercise other powers as peace officers as sheriffs have;
(52) To build, repair, or put in a safe condition a bridge or the approaches thereto across tracks and roadbeds at the expense, with interest and cost, of a railroad or railroad com pany in the case of the latter's failure after reasonable notice to do so when the council shall have declared the same necessary for the protection of human life. Execution may issue therefor, as other executions are issued by the city, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of 7 percent per annum; provided, however, that nothing in this paragraph shall require rail roads or railroad companies to build bridges otherwise than is required by the general laws of this state, or the charter of such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks of any such railroad or railroad companies were laid or placed across any such public streets;
(53) Group life insurance for all officers and employees of the City of Atlanta and the Atlanta Board of Education shall be managed by a board of trustees consisting of 18 trustees, whose initial terms of office shall commence on the third Thursday in March, 1978. Twelve trustees shall be elected for staggered terms of four years as follows: Two by employees of the City of Atlanta's Department of Public Works, two by employees of the City of Atlanta's Department of Public Safety, six by officers and employees of the Atlanta Board of Education, and two by officers and employees of the City of Atlanta outside the departments, bureaus, and offices set forth above. In February, 1980, and February of each even-numbered year thereafter, an election shall be held to fill the va cancies of those trustees whose terms expire on the third Thursday of March of each such year. For the initial election of said trustees, that trustee of the two trustees elected by employees of the department of public works who receives the larger number of votes from said employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said employees serving for a term of two years. That trustee of the two trustees elected by employees of the department of public safety who receives the larger number of votes from said employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said employees serv ing for a term of two years. Those three trustees of the six trustees elected by officers and employees of the Atlanta Board of Education who receive the largest number of votes from said officers and employees shall serve for terms of four years, with those three trustees who receive the fewest votes from said officers and employees serving for terms of two years. That trustee of the two trustees elected by officers and employees of other departments, bureaus, and offices who receives the larger number of votes from said of ficers and employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said officers and employees serving for a term of two years. One trustee shall be elected as chairperson of the board, and one trustee shall be elected as vice-chairperson of the board for terms of two years by the 12 elected members of the board of trustees from among their number, provided that said chairpersonship and vice-chairpersonship shall be held by a representative of City of Atlanta officers and employees and a representative of the Atlanta Board of Education officers and employees on an alternating basis. If said chairperson or vice-chairperson is a licensed insurance agent or counselor, he or she shall not be affiliated with any insurance company with

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which the board of trustees shall maintain insurance coverage for its officers and employ ees. The remaining six trustee positions shall be ex officio, nonvoting positions and shall be filled by the city's chief financial officer, who also shall serve as secretary-treasurer of said board, director of purchasing and real estate, and commissioner of the department of personnel and human resources, and the Atlanta Board of Education's comptroller, purchasing agent, and director of the department of personnel and human resources. Said board shall be required to meet at least twice each year. A majority of the voting members shall constitute a quorum for meeting purposes. Said board shall have the power to adopt bylaws putting into effect these provisions and other provisions relating to meetings of the board, the filing of vacancies occurring on said board, and such other matters pertaining to the management of group insurance as may properly come under its supervision. Said board, exclusive of those trustees representing officers and employ ees of the Atlanta Board of Education, shall also manage the hospitalization and major medical insurance for the officers and employees of the City of Atlanta, including the power to adopt bylaws relating to meetings, election of officers, and such other matters relating to the management of group hospitalization and major medical insurance as may properly come under its supervision;
(54) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city;
(55) To establish procedures for determining and proclaiming that an emergency situa tion exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(56) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good or der, comfort, convenience, morals, and general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter, as fully and completely as if such powers were fully enumerated herein; to exer cise all powers now or in the future authorized to be exercised by other municipal govern ments under the Constitution and general laws of the State of Georgia, and to do, perform, and render (or refrain therefrom) all things necessary or convenient to the car rying out of the objects of the powers, duties, and requirements set forth anywhere in this charter. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public laws;
(57) To appropriate moneys from the general fund for the purchase of evidence and the purchase of information by law enforcement officers of the city in the performance of their official duties;
(58) To exercise the power and to provide services in the area of public housing; to make appropriations and to authorize the expenditure of funds for such purposes; and to pro vide a definition of public housing;
(59) To cooperate or join, by contract or otherwise, with other cities, with the state or nation, or other governmental bodies, singly or jointly, or in districts or associations, for promoting or carrying out any of the powers of the city for the sharing of tax base or revenue with other governments, for agreements concerning allocation of taxes among other governments to the extent such allocation is or becomes authorized under the Con stitution of Georgia, or for the acquisition, construction, or operation of any works, plants, or structures convenient or necessary for carrying out any of the purposes or ob jects authorized by this charter;
(60) To transfer or consolidate functions of the city government to or with appropriate functions of the state, county, or other municipal government, or to make use of such

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functions of the state, county, or other municipal government and, in the case of any such transfer or consolidation, the provisions of this charter and code of ordinances providing for the function of the city government so transferred or consolidated shall be deemed suspended during the continuation of such transfer or consolidation to the extent that such suspension is made necessary or convenient by said transfer or consolidation and is set forth in the contract or other document establishing such transfer or consolidation.
SECTION 1-103. Legislative powers.
(a) All legislative powers of the city are hereby vested in the council (hereinafter at times referred to as the "governing body"), except those powers specifically reserved in this charter to the electors of the city. The power to levy, assess, and provide for the collection of all taxes and fees authorized to be levied, assessed, and collected by the city by general law and this charter shall be vested in the council.
(b) The council shall adopt and provide for the execution of such ordinances, resolutions, and rules, not inconsistent with this charter, as shall be necessary or proper for the pur pose of carrying into effect the powers and duties conferred by this charter and may enforce all ordinances by imposing penalties and fines for the violation thereof not to exceed a $1,000.00 fine or six months' imprisonment, or both.
SECTION 1-104. Executive powers.
All executive and administrative powers of the city are hereby vested in the mayor and such other administrative officers, departments, and agencies created or continued by this charter or now or hereafter established by ordinance.
SECTION 1-105. Boundaries
The corporate boundaries of the city shall be the same as those of the City of Atlanta as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The municipal clerk shall maintain a current map and written legal description indicating the boundaries and council districts of the city.
ARTICLE 2 LEGISLATIVE
Chapter I. The Council
SECTION 2-101. Composition; term of office.
Effective with the regular municipal elections of November, 1997, the qualified electors of the city shall elect 15 representatives, in accordance with the provisions of this charter, to serve as a city council. Twelve representatives shall be elected from 12 individual council districts apportioned in accordance with the provisions of this charter. Three representa tives shall be elected at large and shall represent residency posts as follows: Post 1 which shall consist of contiguous Council Districts 1 through 4; Post 2 which shall consist of con tiguous Council Districts 5 through 8; and Post 3 which shall consist of contiguous Council Districts 9 through 12. At-large representatives must be residents of the residency posts from which they are elected.

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SECTION 2-102. Qualifications.
(a) To qualify for election as a councilmember, a person:
(1) Must be at least 18 years of age;
(2) Must be a resident of the city and of the council district from which he or she seeks to qualify for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office;
(3) Must be a qualified elector of the city; and
(4) Must not be an employee of the city.
(b) To hold office as a councilmember, a person:
(1) Must continue to possess the qualifications prescribed in subsection (a) of this section;
(2) Must, if elected from one council district or residency post, continue to reside in the same council district or post from which elected; and
(3) Must not hold any other elective public office.
(c) The one-year residency requirement as provided in subparagraph (a)(2) herein shall not be applicable to persons seeking election to the council if this charter is amended by the General Assembly reapportioning council districts of the city. Under such circumstances, persons seeking election to the council must have been a resident of the city and the council district from which he or she seeks to qualify for at least six months.
(d) The council shall be the judge of the qualifications of its members.
Chapter 2. President of the Council
SECTION 2-201. Election; term.
The president of the council shall be elected from the city at-large for a term of four years commencing on the first Monday in January after each regular municipal election as pro vided in this charter and shall serve until his or her successor has taken office.
SECTION 2-202. Qualifications.
(a) To qualify for election as president of the council, a person:
(1) Must be at least 18 years of age;
(2) Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office;
(3) Must be a qualified elector of the city; and
(4) Must not be an employee of the city.
(b) To hold office as president of the council, a person:
(1) Must continue to possess the qualifications prescribed in subsection (a) of this section; and

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(2) Must not hold any elective public office.
SECTION 2-203. Powers and duties; limitations.
(a) The president of the council:
(1) Shall preside at meetings of the council but shall not be a member of that body;
(2) Shall vote only in the case of a tie vote of the council;
(3) Shall appoint the members and chairpersons of such committees as may be estab lished by the council pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the council; and the president of the council shall not be a member of any said committees;
(4) Shall exercise all powers and discharge all duties of the mayor in the case of a vacancy in the office of mayor or during the disability of the mayor;
(5) Shall be authorized to compel the attendance of councilmembers by subpoena, subject to the rules of council;
(6) Shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of council; and
(7) May speak to any pending matter before the council but shall not introduce ordi nances or resolutions.
(b) If the president speaks to a matter pending before the council, the president shall tem porarily relinquish his or her role as presiding officer to the president pro tempore while speaking to such matter.
(c) If the president of the council exercises the powers and discharges the duties of the mayor as provided in subsection (a) herein, he or she shall not exercise any of the powers and duties enumerated herein.
Chapter 3. Organization, Rules, Officers and Employees
SECTION 2-301. Organizational meeting; oath of office.
The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following each regular election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday. The mayor, president of the council, or councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president of the council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appoint ment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the charter, ordinances, and regulations of the City of Atlanta. I further swear that I will sup port and defend the Constitutions and laws of the State of Georgia and of the United States of America."
SECTION 2-302. Rules; quorum; voting.
(a) The council shall by ordinance adopt and publish rules to govern its proceedings and transactions of business consistent with the provisions of this charter.

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(b) A majority of the councilmembers, excluding the president, shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members. The council may by ordinance provide methods to compel the attendance of its members and to punish for the violation thereof.
(c) The affirmative vote of a majority of the councilmembers shall be required for the trans action of business and the passage of ordinances and resolutions, except as otherwise pro vided by law. Where no quorum can be assembled except by the filling of vacancies, a smaller number of members may transact business by a majority vote of members present to the extent necessary to fill such vacancies in the membership of the council as provided in this charter and by law. Should the number of vacancies in the membership of the coun cil be one-half or greater than its total membership, the remaining members of the council shall cause to be called a special election to fill such vacancies.
(d) No member of the council, or the president of the council, shall vote on matters involv ing the consideration of his or her own conduct, which would inure to his or financial or personal interests, or which would be a conflict of interest as provided in Chapter 4 of Article 5 herein or by ordinance. Such member of the council shall, prior to the vote being taken, publicly state the nature of his or her interest in the matter from which he or she is abstaining from voting.
(e) No councilmember present at a meeting shall abstain from voting for any reason other than those provided herein.
SECTION 2-303. Meetings.
(a) The rules of the council shall provide for the time and place of holding regular meetings which shall be held at least twice each month on the first and third Monday with the excep tion of July and December. If such Monday is a legal holiday, then the meeting shall be held on the next day not a legal holiday. The council shall designate in its rules the place for holding regular meetings and shall designate a time for such meetings which is conve nient for public participation. The council shall be in recess during the second cycle of committee and council meetings in July and December of each year.
(b) Special meetings of the council may be called by the president of the council or mayor and shall be called by the president upon the written demand of at least seven members of the council. Notice of any special meeting shall be made as provided by Code Section 50-141 of the O.C.G.A., as now or hereafter amended. No business may be transacted at such special meeting other than that specified in the call and notice of such meeting.
(c) All meetings of the council and of the committees and of every agency, board, commis sion, and authority, or similar body of the city, shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended. Any person shall have access to the min utes and records thereof at reasonable times in the same manner and to the same extent as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, as now or hereafter amended.
(d) The council and its committees shall provide a reasonable opportunity for the public to be heard during its meetings. The council shall prescribe rules and regulations for the receipt of such comments from the public.
SECTION 2-304. Election of president pro tempore.
At its first regular meeting in January of each year, the council shall elect one of its mem bers as president pro tempore who shall act as the presiding officer in the absence of the president of the council and, in case of disability of the president of the council or of va cancy in the office of the president of the council, shall exercise the powers and duties which remain in the president of the council under the provisions of this article. The presi dent pro tempore shall not lose his or her rights as a member of the council during any

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temporary absence of disability of the president of the council. When the president pro tempore is serving during the temporary absence or disability of the president, he or she cannot also vote as the president of the council.
SECTION 2-305. Succession to offices of mayor
and president of council.
The council shall by ordinance establish a line of succession to the offices of mayor and president of council beyond that specified in this charter.
SECTION 2-306. Compensation and expenses of elected officials.
(a) The council may by ordinance change the annual salary of the mayor, the president of the council, or councilmembers, subject to the following conditions and requirements:
(1) Such action shall take into consideration any recommendation made by the Elected Officials Compensation Commission as provided in Chapter 7 in this article;
(2) No action to increase such salaries shall be taken until notice of intent to take the action has been published in a newspaper of general circulation designated as the legal organ in the county and in the city at least once a week for three consecutive weeks immediately preceding the week during which the action is taken;
(3) Any action to change such salaries shall not become effective until the date of com mencement of the terms of the mayor, president of the council, and councilmembers elected at the next regular municipal election following such action;
(4) Such action shall not be taken during the period between the date when the candi dates for election to the positions of mayor, president of the council, and councilmembers may first qualify as candidates and the date when the mayor, president of the council, and councilmembers take office following their election; and
(5) The amount established for each councilmember shall be the same.
(b) As used in this section, the words "salary or compensation" shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement of expenses actually and necessarily incurred by the mayor, president of the council, or councilmember in carrying out his or her official duties. The council is authorized to pro vide by ordinance for the reimbursement of such actual and necessary expenses.
SECTION 2-307. Municipal clerk.
(a) There shall be a municipal clerk, who shall be appointed and removed by the council in accordance with this section. To be eligible to occupy this position, the municipal clerk must be designated a certified municipal clerk by the Georgia Municipal Association and the Georgia Finance Officers Association, or by an equivalent certifying agency from an other state, or must receive such certification within one year following his or her appoint ment. No member of the council shall be eligible for appointment. The municipal clerk shall be appointed and removed at the pleasure of the council upon a majority vote of its membership. The municipal clerk need not be a resident of the city at the time of his or her appointment but shall establish residence in the city at the time of appointment and con tinue to reside in the city throughout such appointment.
(b) The municipal clerk shall be the custodian of the official seal and all records and docu ments of the city which are not assigned to the custody of some other officer. The clerk, or his or her designee, shall keep the rules of the council and the minutes of the proceedings of the council, maintain a current and comprehensive index of all ordinances and resolutions, publish notice of ordinances proposed for adoption under rules prescribed by council or required by this charter or law, and perform such other duties as may be assigned by this charter or by ordinance.

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(c) The municipal clerk shall be responsible to the council and perform the duties of his or her office under the direction and supervision of the president of the council and the com mittee designated by the council, acting through its chairperson.
SECTION 2-308. Staff of council and president of the council.
(a) Staff of council. The council shall be authorized to employ such employees as may be necessary for the proper discharge of its functions. Adequate facilities and office space for such staff shall be provided for by the council.
(b) Staff of president of the council. The president of the council shall be authorized to employ such employees as may be necessary for the proper discharge of the functions of the office of president of the council. Adequate facilities and office space for such staff shall be provided.
(c) Director of council staff.
(1) The council shall appoint a director of council staff who shall not be a member thereof. The director of council staff shall be appointed and removed at the pleasure of the council upon a majority vote of its membership. The director of council staff need not be a resi dent of the city at the time of his or her appointment but shall establish residence in the city at the time of appointment and continue to reside in the city throughout such appointment.
(2) The director of council staff shall supervise all research undertaken on behalf of the council and shall further supervise the provision of administrative support to hearings and meetings of committees and subcommittees of the council and shall perform such other duties as may be assigned by this charter or by ordinance.
(3) The director of council staff shall be responsible to the council, and shall perform the duties of his or her office under the direction and supervision of the president of the council and the committee designated by the council.
Chapter 4. Procedures of Council
SECTION 2-401. Form of legislation.
Every official act of the council having the force and effect of law shall be by ordinance and shall begin with the words: "The City Council of the City of Atlanta, Georgia, hereby ordains...." All other actions shall be by resolution or shall take such other form as pre scribed by rules of the council.
SECTION 2-402.
Introduction, consideration, passage, and publication of legislation.
(a) Every proposed ordinance and every amendment shall embrace one subject which shall be clearly expressed in its title.
(b) No ordinance shall be passed and adopted until it has been read by title at two regular meetings not less than one week apart, except for emergency ordinances as provided in subsection (c) herein.
(c) To meet a public emergency threatening life, health, property, or public safety, the re quirement herein for ordinances may be dispensed with, and the emergency ordinance may be passed and adopted on the same day of its introduction. The emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and contain a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or it may be rejected at the meeting at which it is

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introduced, but the affirmative vote of two-thirds of the members of the city council shall be required for adoption. Any emergency ordinance shall become effective upon adoption or at such later time as specified within the ordinance. Every emergency ordinance shall be automatically repealed on the sixteenth day following the date on which it was adopted; however, should the emergency still persist, this shall not prevent reenactment of the ordi nance in the manner specified in this section. An emergency ordinance also may be re pealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances.
(d) The passage of all ordinances shall be contingent upon the recording in the minutes of council proceedings of the "ayes" and "nays" of each councilmember and the names of the members voting for and against each proposed ordinance or amendment, those abstaining, and those absent.
(e) The caption or title of every ordinance, excluding emergency ordinances, showing its general contents shall be published once, within seven days after the proposed ordinance has been introduced, in a newspaper of general circulation in the city and such electronic media as determined by the council, and shall include notice that a copy thereof is available in the office of the municipal clerk for public inspection and purchase at any reasonable time.
SECTION 2-403. Submission to mayor; mayor's veto.
Every ordinance or resolution adopted by the council shall be signed by the president of the council, certified by the municipal clerk, and presented to the mayor's office within two calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days of such veto return it to the council accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by vote of two-thirds of its total member ship at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without such approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or reso lution making an appropriation which is not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution.
SECTION 2-404. Codes of technical regulations.
The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. A copy of each adopted code of technical regulations shall be made available by the municipal clerk for public inspection at any reasonable time or for purchase at a reasonable price.
SECTION 2-405. Codification and printing.
The council shall provide for the continuous updating, revision, codification, and printing of all ordinances of general application, copies of which shall be made available to the public at reasonable cost. The municipal clerk shall file any ordinances amending or revising the charter as required by Code Section 36-35-3 of the O.C.G.A., as now or hereafter amended.

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SECTION 2-406. Hearings and investigations.
(a) The council, or any committee composed entirely of councilmembers to which such power is specifically granted by the council, shall be authorized to conduct hearings and investigations of the operations and affairs of the city or of any office, department, or agency thereof, and for such purpose the council or said designated committee thereof shall have power to compel the attendance of witnesses by subpoena, administer oaths, take testimony, and require the production of documents and other evidence at any meeting thereof. The conduct of such proceedings shall be subject to such rules and regulations as the council may prescribe.
(b) If any person duly subpoenaed as witness shall fail to appear or appearing refuse to testify or produce such books and papers, the council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future appearance of the witness for the purpose of giving testimony and for the production of any such books and papers and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith.
SECTION 2-407. Quadrennial relegation of pending legislation.
Following the general election, and on a quadrennial basis, all pending legislation in com mittee will be automatically terminated by being adversed or filed at the end of the last council meeting in December of that year.
Chapter 5. Initiative and Referendum
SECTION 2-501. Initiative and referendum.
(a) The council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the council shall authorize an initiative or referendum election on petition of at least 15 percent of the registered voters qualified to vote in the preceding general municipal election.
(b) The council shall be authorized to submit to the qualified voters of the city at any elec tion not called only for the purpose of putting said ordinance or resolution before the voters any ordinance or resolution which it may deem proper; and in the event a majority of voters shall vote for this ordinance or resolution, it shall be adopted. If a majority of the votes so cast are against the resolution or ordinance, it shall be defeated and shall not thereafter be adopted by the council until resubmitted to and adopted by the qualified voters of the city. If it receives a majority vote of the people and becomes effective, then it can only be re pealed by a majority vote of the qualified voters voting at an election for such purpose.
Chapter 6. City Internal Auditor
SECTION 2-601. Selection; removal.
(a) There is hereby created the office of city internal auditor. The city internal auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten years' experience in public financial and fiscal practices, performance and financial audit ing, and municipal accounting. The city internal auditor shall be appointed by a majority of the members of the audit committee, subject to confirmation by a majority of the council, for a period not to exceed six years. Removal of the city internal auditor from office before the expiration of the designated term shall be for cause by a vote of two-thirds of the mem bers of city council.

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(b) The city internal auditor need not be a resident of the city at the time of his or her appointment, but he or she shall reside in the city within six months of such appointment and continue to reside therein throughout such appointment.
(c) The city internal auditor shall not be involved in partisan political activities or the polit ical affairs of the city.
SECTION 2-602. Appointment of assistants and employees.
(a) Within the budget approval process and established personnel policies for all depart ments, the city internal auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he or she may deem necessary for the efficient and effective administration of the office. The present employees in the division of internal auditing of the finance department are hereby transferred to the city internal auditor's office and shall serve such assistants and employees to the city internal auditor as provided herein.
(b) Professional employees employed in this office shall serve in unclassified positions. The city internal auditor shall appoint such other employees subject to the civil service rules, and such employees shall be within the civil service system of the city.
(c) Neither the members of the council, the president of the council, nor the mayor shall in any manner dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint.
SECTION 2-603. Powers and duties.
The city internal auditor and city internal auditor's office shall be charged with the follow ing duties and responsibilities:
(1) To conduct performance and financial audits of all departments, offices, boards, activi ties, and agencies of the city in order to independently determine whether:
(A) Activities and programs being implemented have been authorized by the council, state law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws;
(B) The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economi cally, efficiently, and effectively and in a manner consistent with the objectives in tended by the authorizing entity or enabling legislation;
(C) The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as in adequacies in management information systems, internal and administrative proce dures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment;
(D) The desired result or benefits are being achieved;
(E) Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, ac counting for, and depositing of revenues and other resources;
(F) Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal manage ment controls; and
(G) Indications of fraud, or abuse or illegal acts are present;
(2) To submit at the beginning of each fiscal year an audit schedule to the Audit Commit tee for review and comment. The schedule shall include the departments, offices, boards,

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activities, subcontractors, and agencies subject to audit for the period. This schedule may be amended during the period after review by the Audit Committee. Additionally, the city auditor may initiate and conduct any other audits deemed necessary;
(3) To submit an annual report to the council and mayor indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management;
(4) To perform such other duties and responsibilities as provided for by this charter or ordinance.
SECTION 2-604. Audit Committee; established; powers and duties generally.
(a) To ensure independence of the audit function, an Audit Committee is hereby estab lished. The Audit Committee is a management committee and not a public board, commis sion, or committee as specified in Article 3 herein. The Audit Committee shall be comprised of five voting members who shall include the mayor or mayor's appointee, the president of the council or the president's appointee,and three at-large members appointed by the entire city council. The three at-large members shall be residents of the city with expertise in auditing, preferably internal or management auditing, and shall be either a certified public accountant, certified internal auditor, or certified management auditor. Of the three at-large members initially appointed, one member shall be appointed for a term expiring on January 31, 1998; one member shall be appointed for a term expiring on January 31, 1999; and one member shall be appointed for a term expiring on January 31, 2000. Thereafter, members shall be appointed for three-year terms. Members of the com mittee shall select a chairperson from among its members yearly.
(b) The Audit Committee shall consult with the city internal auditor regarding technical issues and work to assure maximum coordination between the work of the city auditor's office and the needs of the council, the mayor, and departments and the coordination of external audit efforts.
(c) The Audit Committee shall meet as needed to perform its duties but shall not meet less than once quarterly and shall be responsible for:
(1) Providing general direction to the internal audit function by reviewing the internal auditor's annual audit plan and any proposed amendments thereto and submitting the plan and the committee's recommendations to the council;
(2) Reviewing and approving internal audit reports before the final audit report is issued;
(3) Sending copies of draft and final internal audit reports to the mayor, president of the council, and members of the council;
(4) Performing an evaluation of the city internal auditor annually and reporting the re sults of the evaluation and effectiveness of the audit function annually to the council;
(5) Providing oversight of the external audit efforts and coverage; and
(6) Performing such other duties as provided for by an ordinance of the council.
SECTION 2-605. Access to records and property.
(a) All city officers and employees shall allow the city internal auditor immediate access to any and all books, records, documents, and other requested information, including auto mated data, pertaining to the business of the city and within their custody regarding pow ers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equip ment, and facilities within their custody. Further, all contracts with outside contractors

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and subcontractors shall provide for the city auditor's access to all financial and perform ance-related records, property, and equipment purchased in whole or in part with city funds and facilities.
(b) The city internal auditor shall not publicly disclose any information received during an audit that is considered confidential by nature by any local, state, or federal law or regulation.
(c) Any reports issued by the internal auditor shall be made available for public inspection or copying at a reasonable cost.
SECTION 2-606. Quality assurance reviews.
(a) The audit activities of the city internal auditor's office shall be subject to a quality re view at least every three years by a professional, nonpartisan objective group utilizing guidelines endorsed by the National Association of Local Government Auditors or the State Auditors' Association of the United States General Accounting Office. A copy of the written report of the independent review shall be furnished to the council, president of the council, mayor, and members of the Audit Committee and made available to the public.
(b) The quality review shall determine compliance with generally accepted governmental auditing standards and the quality of audit effort and reporting, including but not limited to staff qualifications, due professional care, and quality assurance; fieldwork standards such as planning, supervision, and audit evidence; and reporting standards such as report content, presentation, and timeliness.
(c) The city shall reimburse travel and living expenses for the quality review team from funds budgeted in the city internal auditor's budget or other in-kind support.
SECTION 2-607. Funding of auditor's office.
The council shall provide funds necessary for the facilities, equipment, and staffing of the city internal auditor's office to carry out the responsibilities specified herein and by ordinance.
SECTION 2-608. Special audits.
The president of the council or members of council may request the city auditor to perform special audits or assignments of a limited scope intended to determine the accuracy of in formation provided to council, costs and consequences of recommendations made to the council, and other information concerning the performance of departments, offices, or agen cies of the city. After consultation with the Audit Committee, a special audit requested by the president of the council or members of the council may become an amendment to the annual audit schedule.
Chapter 7. Elected Officials Compensation Commission
SECTION 2-701. Created.
There is hereby created an elected officials compensation commission which shall make recommendations regarding the salaries of the mayor, president of the council, councilmembers, and members of the Atlanta Board of Education.

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SECTION-702. Composition; appointment; term of office; vacancies.
(a) Composition; appointment. The elected officials compensation commission shall consist of seven members with one member appointed by the mayor, one member appointed by the president of the council, two members appointed by the council, two members appointed by the board of education, and one member appointed by the Atlanta Planning and Advisory Board. Each member must be a qualified elector of the city at the time of his or her ap pointment and all times during the term of office. No member or employee of the executive, legislative, or judicial branch of the city or family members of any member or employee shall be eligible to a be a member of the commission.
(b) Term of office. Except as provided herein, the term of office of each member shall be four years. The initial members shall be appointed within 30 days after the effective date of this charter and shall serve until the regular municipal elections of November, 1997. Thereaf ter, each member shall be appointed to serve with a term of office expiring with the regular municipal elections.
(c) Vacancies. If a vacancy occurs before the expiration of a member's term, the vacancy shall be filled in the same manner as prescribed for the original appointment.
SECTION 2-703 Powers and duties.
At least one year prior to a regular municipal election, the commission shall recommend to the council and board of education the amount of compensation which it deems appropriate for the mayor, president of council, members of council, and members of the board of educa tion. The amount recommended for each member of council or the board of education shall be the same; however, the amount recommended for the president of the council or the president of the board of education may exceed that of the members of the council or board of education. Any amount recommended shall be an amount which takes into account the nature of the office and which is commensurate with salaries then being paid for other public positions having similar duties, responsibilities, or obligations. No recommenda tions shall be made except upon the affirmative vote of four members of the commission. Recommendations, with supporting rationale, shall be made in writing. Prior to the sub mission of any recommendation to the council or board of education, the commission shall conduct at least one public hearing on the matter.
SECTION 2-704. Meetings; quorum; election of chairperson;
compensation of members.
The elected officials compensation commission shall meet as needed every four years. A majority of the members of the commission shall constitute a quorum for conducting the business of the commission. The commission shall elect a chairperson from among its mem bers. The members of the commission shall receive no compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties.

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SECTION 2-705. Assistance to commission.
The council shall provide such assistance as the commission shall reasonably require.
ARTICLE 3 EXECUTIVE
Chapter 1. The Mayor
SECTION 3-101 Election; term; limitation of term.
The mayor shall be elected from the city at-large for a term of four years commencing on the first Monday in January after each regular municipal election, and he or she shall serve until his or her successor has taken office. Any mayor who has been elected for two consec utive four-year terms under the provisions of this charter shall not be eligible to be elected for the succeeding term.
SECTION 3-102. Qualifications.
(a) To qualify for election as mayor, a person: (1) Must be at least 18 years of age; (2) Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office; (3) Must be a qualified elector of the city; and (4) Must not be an employee of the city.
(b) To hold office as mayor, a person: (1) Must continue to possess the qualifications prescribed in Section 3-102(a); and (2) Must not hold any other elective public office or hold any position of employment with the State of Georgia, any county thereof, or with the city.
SECTION 3-103. Oath of office.
Before entering upon the duties of his or her office, the mayor shall take and subscribe to the oath as provided in Section 2-301 of this charter.
SECTION 3-104. Powers and duties.
The mayor shall be the chief executive officer of the city and he or she shall have the power and it shall be his or her duty to:
(1) Execute and enforce the provisions of this charter, the ordinances of this city, and all other laws; (2) Exercise supervision over all the administration of all departments of the city and delegate all or part of such supervision to the chief operating officer; (3) Prepare periodically, but not less than annually, and submit to the council for ap proval a comprehensive development policy which shall consider the city's physical, eco nomic, and social aspects and state the goals and objectives of Atlanta and its citizens and the necessary recommendations, policies, plans, programs, and priorities for attain ing them; (4) Submit to council the recommended annual budget prepared by the appropriations committee as provided in Section 6-302 in this charter;

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(5) Approve or veto proposed ordinances and resolutions as provided in this charter;
(6) Convene special meetings of the council at his or her discretion;
(7) At his or her discretion, conduct studies and make investigations and reports to the council concerning the operations of departments, offices, and agencies of the city and require any department, board, commission, or agency under his or her jurisdiction to submit written reports and information;
(8) Prescribe, require, publish, and implement standards of administrative, manage ment, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city subject to his or her supervision and jurisdiction or delegate all or part of such responsibilities to the chief operating officer;
(9) Advise the council as to the financial condition, future needs, and general welfare of the city and make such recommendations to the council concerning the affairs of the city as he or she deems desirable;
(10) When authorized by the council, negotiate deeds, bonds, contracts, and other instru ments and documents on behalf of the city and execute same after final approval by the council;
(11) Represent the city in affairs of intergovernmental relations, promote and improve the government of the city, encourage the growth of the city, and promote and develop the prosperity and social well-being of its people;
(12) At his or her discretion, initiate such administrative reorganization within city gov ernment as he or she may deem desirable and as provided in Section 3-302(b);
(13) Perform such duties as may be required by law, and in his or her discretion perform such other duties as may be authorized by law;
(14) Purchase supplies, material, equipment and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other city-owned property; provided, however, the purchase amount does not exceed $100,000.00, such purchases conform with the provisions within Chapter 4 of Article 6 herein and any purchasing and procurement ordinances of the city, and a duly enacted appropriation by the council authorizes expenditures for such purposes. Any award of contract not competitively procured in accordance with this charter or ordinances of the city, or not awarded to the lowest bidder or offerer, shall be approved by the city council prior to an award;
(15) Prepare annually a plan for increasing the efficiency of city services based upon the findings and recommendations of the Citizen's Service Planning Review Commission as provided in Chapter 7 of this article.
SECTION 3-105. Delegation of powers and duties; prohibition.
In no event shall the mayor delegate to the chief operating officer or any other appointed officer or employee the power to approve or veto ordinances or resolutions, convene meet ings of the council, serve as acting mayor, remove the city attorney, chief financial officer, or chief operating officer, or amend budgets.
SECTION 3-106. Mayor's staff.
(a) The mayor may appoint such staff to aid in the discharge of the mayor's duties, includ ing a chief of staff, as authorized by the council. The chief of staff shall have such duties as assigned by the mayor but shall not be assigned any supervisory or management duties outside of the mayor's office or duties which are inconsistent with the provisions of this charter. Such persons shall serve at the pleasure of the mayor.

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(b) Any person appointed chief of staff need not be a resident of the city at the time of his or her appointment but shall be a city resident during his or her appointment.
SECTION 3-107. Investigations of departments.
The mayor may conduct an investigation of any city department or office within the execu tive branch, hear and determine all charges affecting the work of the department under investigation or any of its employees, and administer oaths and affirmations at such hear ings. For furtherance of such investigations, the mayor may issue subpoenas to compel the attendance of witnesses and the production of books, papers, vouchers, and other written instruments. If any person duly subpoenaed as a witness shall fail to appear or appearing refuse to testify or to produce such books and papers, the mayor shall report the failure of the witness to appear or refusal to testify or to produce books and papers to any court of record or judge thereof, who may make such order as shall be proper as to the future ap pearance of the witness for the purpose of giving testimony and for the production of any such books and papers and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith.
Chapter 2. Chief Operating Officer
SECTION 3-201. Appointment; qualifications; residency; compensation; removal.
(a) Appointment. The mayor shall appoint, subject to the confirmation by a majority vote of the entire council, an officer whose title shall be "chief operating officer."
(b) Qualifications. The chief operating officer shall have a graduate or professional degree plus a minimum of ten years, or an undergraduate degree plus a minimum of 15 years, or progressively responsible administrative experience in the public or private sector which has included responsibility for supervising a large scale service delivery program with a substantial budget. The qualifications herein may be waived by the city council upon a three-fourths' vote of its membership.
(c) Residency. The chief operating officer need not be a resident of the city or of the State of Georgia at the time of his or her appointment but shall reside in the city throughout his or her appointment.
(d) Compensation. The chief operating officer shall receive such compensation as fixed by the council.
(e) Removal. The chief operating officer shall hold office at the pleasure of the mayor and may be dismissed by the mayor without the approval of the council.
SECTION 3-202. Powers and duties.
The chief operating officer shall have the following powers and duties:
(1) To the extent delegated by the mayor, to exercise supervision over all activities of city departments and the boards and commissions connected with such departments and be the contact officer between the mayor and such departments, boards, and commissions;
(2) To make periodic reports with such recommendations to the mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities, and other agencies of the city under his or her jurisdiction and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as deemed necessary;
(3) To provide liaison, coordination, and communications between and among city depart ments and agencies and the various agencies of the federal, state, and local governments and other public and private agencies concerning the affairs of the city;

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(4) To provide direction on participation in federal and state grant-in-aid programs, mon itoring and evaluation of grant contract programs, and communication of program poli cies and priorities;
(5) To conduct research and make information available to the mayor, council, and the various departments, offices, and agencies of the city;
(6) To attend meetings of the council and its committees and to make available such information as my be requested; and
(7) To perform all other duties as required by this charter or lawfully delegated to him or her by the mayor.
Chapter 3. City Departments
SECTION 3-301. General.
(a) Except where another meaning is clearly intended, the word "department" in this char ter shall mean any agency in the executive and administrative branch of the city govern ment. The departments of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumer ated therein.
(b) The operations and responsibilities of such departments shall be distributed among such divisions or bureaus and shall consist of such officers, employees, and positions as may be authorized by ordinance.
(c) There shall be a director of each department who shall be the principal officer thereof. Each director shall be responsible for the administration and direction of the affairs and operations of his or her department and shall exercise general management and control thereof.
(d) Vacancies occurring in an appointive office shall be filled in the same manner as pre scribed by this charter for original appointments.
(e) The directors of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administrative, and professional qualifications which shall be prescribed by ordinance.
(f) The compensation of appointed officers and directors of departments shall be fixed by the council.
(g) The mayor may initiate or create additional departments, or propose the abolishment of departments, subject to the provisions of this charter and approval by the council.
SECTION 3-302. Administrative reorganization.
(a) The mayor, as chief executive of the city, is hereby empowered, subject to any limita tions of this charter, to initiate, direct, and implement the reorganization of any department.
(b) The mayor shall prepare and sign a plan of reorganization of any department or depart ments and shall submit such plan to the council. Any plan presented shall be in the form of a proposed ordinance and the council shall by majority vote approve, modify, or reject any such plan within 60 days of its submission to the council. No reorganization shall become effective until the council has acted or 60 days have elapsed from the date of submission, whichever first occurs.

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SECTION 3-303. City attorney.
(a) Appointment; removal. There shall be a city attorney who shall be appointed by the mayor subject to confirmation by a majority vote of the city council. The city attorney may be removed at the pleasure of the mayor or the city council by a three-fourths' vote of its membership.
(b) Qualifications. The city attorney shall be an active member of the State Bar of Georgia in good standing and shall have at least ten years' experience in the active practice of law immediately preceding his or her appointment. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership.
(c) Residency. During his or her appointment, the city attorney shall be a resident of the City of Atlanta.
(d) Duties. The city attorney shall serve as the chief legal advisor of the city and shall be the director of the department of law. He or she shall perform such duties as prescribed by this charter, ordinance, or law.
(e) Prohibited activities. The city attorney and all full-time assistants shall not engage in the private practice of law.
SECTION 3-304. Chief financial officer.
(a) Appointment; removal. There shall be a chief financial officer who shall be appointed by the mayor, subject to the confirmation by a majority vote of the city council. The chief financial officer may be removed at the pleasure of the mayor or by the city council upon a three-fourths' vote of its membership.
(b) Qualifications. The chief financial officer shall have at least ten years' experience in the management of fiscal operations or public finance and proven administrative ability or have served at least ten years as a comptroller or financial head of a business with a sub stantial budget. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership.
(c) Residency. During his or her appointment, the chief financial officer shall be a resident of the city.
(d) Duties. The chief financial officer shall be the director of the department of finance and shall perform such duties as shall be provided by this charter or by ordinance or resolution or required by law.
SECTION 3-305. Directors of departments--Appointment;
removal; residency; appointment of other city employees.
(a) Appointment; removal. The mayor shall appoint all directors of departments, subject to confirmation by a majority of the city council. As used in this section, "director" means the administrative head of each department regardless of the title of the particular department head. Directors may be removed at the pleasure of the mayor.
(b) Residency. A director, deputy director, or bureau administrator of a department need not be a resident of the city at the time of his or her appointment but shall reside in the city throughout such appointment.
(c) Appointment and removal of other employees. Directors of departments shall have the power and duty to appoint and remove deputy directors and bureau administrators. A dep uty director or bureau administrator may be removed by a director.

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Chapter 4. Boards and Commissions.
SECTION 3-401. General.
(a) As related to corporate, municipal, governmental, or public purposes and for the secur ity of the peace, health, and good government of the city, the council shall have the author ity to create commissions, councils, or boards which shall perform duties prescribed by the council, including, but not limited to, making studies, conducting research and investiga tions, holding hearings, and preparing recommendations as to needed ordinances and reso lutions. All members of such boards, commissions, or councils shall be legal residents of the city.
(b) The council shall have the authority to provide for the composition of such commissions, councils, or boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The council may provide by ordinance for reimburse ment of the actual and necessary expenses incurred by the members thereof in the perform ance of their official duties. The council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such com missions, councils, and boards to provide for their operation, either in whole or in part.
(c) All regular, full-time employees of commissions, councils, or boards which have been previously created or hereafter created by the council shall be considered to be employees of the city. Such employees shall be entitled to all of the benefits and privileges as are other employees of the city and shall be subject to all laws, ordinances and resolutions governing employees of the city except as otherwise specifically prescribed in the code of ordinances. Such employees shall be within the unclassified service of the civil service unless the coun cil shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a board or commission shall be deemed an employee of the city under the provisions of this subsection.
(d) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for the original appointment.
(e) No member of any board or commission shall assume office until he or she has executed and filed with the municipal clerk an oath or affirmation obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath or affirmation to be prescribed by ordinance and administered by the mayor or the municipal clerk.
(f) Any member of a board or commission created by the council may be removed from office for cause by a majority vote of the councilmembers present.
(g) Each board and commission may establish such bylaws, rules, and regulations, not in consistent with this charter, ordinances of the council, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the municipal clerk.
(h) All boards and commissions and their employees shall comply with the budgetary proce dures of the city as provided in this charter.
(i) The functions of boards and commissions of the city, whether established by Acts of the General Assembly or the city council, shall be provided for by ordinances or resolutions of the city council. However, any boards and commissions which derive their powers from general law shall continue to exercise such powers.
(j) The mayor may initiate the creation of additional boards and commissions subject to the approval of the council.

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SECTION 3-402. Charter review commission authorized.
The council shall by ordinance establish a charter review commission so that a review of the city charter may be accomplished every 20 years, to make recommendations, and to hold hearings with respect to amendments to the charter.
SECTION 3-501. Civil service.
(a) The council shall establish by ordinance a system of civil service of the city, which shall be divided into a classified and an unclassified service. The classified and unclassified ser vice shall cover the positions presently in the classified or unclassified service respectively on the effective date of this charter, unless otherwise provided by ordinance. The civil ser vice system of the city shall not include employees of the Atlanta school system.
(b) The council shall adopt by ordinance civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing and appointing, and dismissing personnel, the qualifications of employees, the terms, condi tions, and benefits of employment, retirement policy, grievance procedures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees.
SECTION 3-502. Discrimination prohibited.
It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation.
SECTION 3-503. Residency of employees.
Except as otherwise provided in this charter, the council may by ordinance provide from time to time for employees to reside within the city during their continuance in such office or employment with the city.
SECTION 3-504. Credit preference.
The council may provide by ordinance for a credit preference to be given to residents of the city on their employment examination scores.
SECTION 3-505. Temporary employment of persons retired under pension laws.
The mayor and council may authorize the employment of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service under contract, provided the employment is temporary and the necessity therefor is certified by the department head making the contract of employment. Such em ployees shall acquire no further pension or civil service rights by virtue of such temporary employment.
SECTION 3-506. Compulsory retirement; waiver of penalties.
(a) No employee of the city shall be required to retire from employment with the city based upon the age of any such employee.
(b) Any employee of the city who has completed at least five years of service with the city and who retires under any pension plan covering city employees shall be entitled to retire

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upon attaining 65 years of age without the application of any vesting penalties which may be set forth under any such pension plan.
SECTION 3-507. Modification of pension plans.
As authorized by the provisions of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph III (a)(14), the Acts, approved February 15, 1933, August 13, 1927, and August 20,1974 (found respectively at Ga. L. 1933, p. 213, et seq.; Ga. L. 1927, p. 265, et seq., Ga. L. 1924, p.167, et seq., all as amended), providing for pensions for officials and employees of cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its board of education in accordance with the following rules and procedures:
(1) Any other provisions in the charter notwithstanding, any pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the council and duly approved by the mayor;
(2) Any such ordinance shall be considered by the council only after receipt of:
(A) An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary's analysis of the funding requirements relating to any such modifica tion and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the city attorney and chief financial officer;
(B) A written recommendation concerning such ordinance adopted by at least twothirds of the membership of the board of trustees of each of the respective pension funds affected by such modification; such recommendation shall be considered by, but shall not be binding upon, the council;
(C) Any such ordinance modifying the Act approved August 13, 1927 (Ga. L. 1927, p. 265 et seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education;
(3) No substitute or amendment to any ordinances presented to the council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary as provided in (b)(l), hereinabove, and the rec ommendation of the board of trustees of the respective pension fund affected by such modification as set forth in (b)(2), hereinabove;
(4) No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the council or ap proved by the mayor until adequate provision for funding such modification has been made to defray the fiscal impact of such modification;
(5) Limitation on annual benefit. Notwithstanding any provisions to the contrary, an employee's or officer's annual benefit attributable to nonemployed contributions shall not exceed the lesser of: (A) 100 percent of the employee's or officer's highest three consecu tive years' average applicable compensation or (B) a dollar amount which is adjusted for inflation based on Section 215 (i)(2)A of the Social Security Act, as amended. Further more, if the employee or officer retires before age 62 the limit shall be actuarially reduced in accordance with Internal Revenue Code Section 415(b), as now or hereafter amended;
(6) Forfeiture of benefits. An employee or officer who is not entitled to any vested contin uing pension benefits at or after his or her last termination date must, within seven years thereafter, apply for a refund of his or her employee contributions to the fund; otherwise said contributions shall be forfeited to the pension fund.

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An employee or officer who is entitled to a continuing pension benefit on or after the date of the last termination date must, within seven years after said benefits become duly vested and payable, either apply for benefits or claim a refund of his or her employee contributions to the pension fund; otherwise said payments shall be forfeited to the pension fund.
SECTION 3-508. Regulation of complaints, fraud, waste, and abuse; definitions.
(a) As used in this section, the term:
(1) "Municipal employee" means classified and unclassified employees of the City of Atlanta, and individuals who perform services for the City of Atlanta on a contract or fee basis, but does not include elected officials.
(2) "Municipal employer" means any department, board, bureau, commission, authority, or other agency of the city which employs or appoints any municipal employee, except the mayor members of the city council and the City Court of Atlanta.
(b) A municipal employer may receive and investigate complaints or information from any municipal employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any municipal programs and operations under the juris diction of such municipal employer.
(c) Notwithstanding any other local law or ordinance to the contrary, such municipal em ployer shall not, after receipt of a complaint or information from a municipal employee, disclose the identity of the municipal employee without the written consent of such munici pal employee, unless the municipal employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the municipal employee shall be notified in writing at least seven days prior to such disclosure.
(d) No action against any municipal employee shall be taken or threatened by any munici pal employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the mu nicipal employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(e) Any action taken in violation of subsection (d) of this section shall give the municipal employee a right to have such action set aside by the personnel board after a hearing.
Chapter 6. Planning
SECTION 3-601. Comprehensive development plan.
The mayor shall have a comprehensive development plan of the City of Atlanta prepared and maintained to be used as a guide for the growth and development of the city and which will identify its present and planned physical, social, and economic development. This plan shall: (1) set forth the comprehensive development goals, policies, and objectives for both the entire city and for individual geographic areas and communities within the city and (2) in conformance with such development goals, objectives, and policies, identify the general location, character, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and structures, city and privately owned utilities, transportation systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features, and policies as will provide for the improvement of the city over the next 15 years.
SECTION 3-602. Five-year and one-year development plans.
The mayor shall have a comprehensive five-year development plan prepared which shall: (1) present a recommended generalized land use development pattern to guide the growth

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of the city over a succeeding five-year period and (2) include the city's specific development goals and objectives based upon existing and projected demographic and socioeconomic fac tors and public and private community facilities for the entire city and individual geo graphic areas and communities within the city, as related to the comprehensive development plan and regional plans. In addition, the mayor shall have a one-year develop ment plan prepared that delineates the city's proposed land use development pattern for a succeeding 12 month period and is based upon the development goals and objectives speci fied in the city's five-year development plan.
SECTION 3-603. Implementation; updating and revision.
(a) Prior to the preparation of each comprehensive development plan, the mayor shall have hearings held in such manner as the council shall prescribe by ordinance. The mayor shall submit to the council such plans that will include a 15 year, five-year, and one-year compre hensive development plan, along with a comprehensive land use plan for all property within the city limits. These plans, updated each year, shall be submitted to the council not later than its first regular meeting in May each year. Beginning with the transmittal date of said plans to council, the general public shall be afforded a period of 45 consecutive days in which to review said plans. Subsequent to the expiration of the aforementioned 45 day period, the council shall conduct public hearings concerning such plans. Thereafter, the council shall adopt the comprehensive development plans, after making any amend ments or revisions thereto that the council considers appropriate, but not later than the last regular council meeting in July of each year. Such plans shall become effective immedi ately upon adoption and approval of the authorizing legislation.
(b) The approved comprehensive development plans shall be used as a guide for the prepa ration of the city's capital improvement program and capital budget.
(c) The mayor shall maintain an up-to-date zoning map for all properties within the city limits.
(d) Following the annual updating and adoption of the city's development plans, the council shall amend the city's zoning ordinance to conform with the updated development plans in accordance with procedures prescribed by general law.
(e) Approved comprehensive development plans distributed to the public shall include a brochure or similar document containing the names, addresses, telephone numbers and facsimile numbers of appropriate city and county officers, as an appendix to the document, and such comprehensive development plans and appendices shall be provided to all neigh borhood planning units of the city within 30 days of the adoption of such comprehensive development plans.
SECTION 3-604. Program for human and economic development.
Within one year after the effective date of this charter, the mayor and city council shall provide an administrative mechanism with appropriate status and adequate budget to de velop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying and securing resources needed to address these problems and needs effectively. The program shall encourage efforts to enable, em power, and involve the disadvantages; address the causes of crime, work to enhance the quality of life of all citizens; and help to ensure that the city government will be responsive to the needs of all citizens.

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Chapter 7. Citizen's Service Planning Review Commission
SECTION 3-701. Creation; composition.
There is hereby created and established the Citizen's Service Planning Review Commission which shall consist of nine members.
SECTION 3-702. Appointments; terms; vacancies.
(a) Members shall be appointed by the mayor subject to confirmation by a majority vote of the council. Any person so appointed shall be a resident of the city at the time of appoint ment and during the term of office. Of the initial members appointed to the commission, three of the members shall be appointed for a term expiring on December 31, 1998; three members shall be appointed for a term expiring on December 31, 1999; and three members shall be appointed for a term expiring on December 31, 2000. Thereafter, all members shall be appointed for three-year terms. Members of the commission shall select one of its members as chairperson.
(b) Any vacancy on the commission, however, created, shall be filled for the unexpired term in the same manner as the position was originally filled, and the person filling the vacancy shall have and retain all the qualifications prescribed for membership.
SECTION 3-703. Powers and duties.
Each year the commission shall study such city services as agreed upon by a majority of its members and prepare a report to be presented to the mayor and chief operating officer by September 1 of each year. The report shall contain the findings of the commission and present actions that the city may implement to increase the efficiency and reduce the cost of service provision. For each service area reviewed and investigated by the commission, the report shall include but not be limited to:
(1) The level of expenditures for each service;
(2) The quality of the service provided;
(3) The cost of providing the service;
(4) Available competitive contracting for such service;
(5) Consolidation of service delivery with other jurisdictions; and
(6) Ways to improve the efficiency of service provision.
The commission shall also conduct an evaluation of any previously determined service de livery plans and actions taken by the administration in order to improve delivery of the service.
SECTION 3-704. Mayor's action.
The mayor shall hold at least one public hearing on the report. After the public hearing and prior to the submission of the budget each year, the mayor shall present an annual plan and actions the city may implement to the president of the council and members of the council.
SECTION 3-705. Assistance to the commission.
The mayor's office shall provide the necessary staff and assistance to the commission as required for the completion of its tasks.

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ARTICLE 4 Courts
SECTION 4-101. Establishment; designation.
Pursuant to the provisions of Article VI, Section I, of the Constitution of Georgia, and Title 36 of the O.C.G.A., as amended, there shall be in the city a court to be known as the Munic ipal Court of Atlanta, which shall have a minute book and a seal of appropriate design prescribed by council.
SECTION 4-102. Jurisdiction, authority, and powers generally.
The municipal court and each judge thereof shall have jurisdiction and power coextensive with the territorial limits of the City of Atlanta, Georgia, to:
(1) Try and punish violations of this charter, all city ordinances, and such other viola tions as provided by law, except those relating to and regulating traffic;
(2) Try, hear, and abate nuisances as provided by the laws of this state;
(3) Hear, try, and determine as a committing court all warrants for the violation of any state law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said case;
(4) Establish a schedule of fees to defray the cost of operation and be entitled to reim bursement of the cost of meals, transportation, and caretaking of prisoners bound over to an appropriate higher court for violations of state laws;
(5) Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both;
(6) Punish for violations within its jurisdiction not exceeding a fine of $1,000.00 or im prisonment for six months or both such find and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law;
(7) Establish bail and recognizance to ensure the presence of those charged with viola tions before said court;
(8) Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed, provided that the mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the court;
(9) Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state;
(10) Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of the State of Georgia or this charter or ordinances of the city with full power to enforce the same;
(11) Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state;
(12) Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers;
(13) Issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the authority as magistrate of the state to issue warrants for offenses against state laws committed within the city; and

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(14) Such other powers and duties as shall be provided by law or ordinance.
SECTION 4-103. Appellate review.
The orders, verdicts, judgments, and sentences of the court shall be subject to appellate review by writ of certiorari in the appropriate superior court or as otherwise provided by general law.
SECTION 4-104. Judges; qualifications; term of office; appointment; oath; vacancies; compensation;
(a) Number of judges. The municipal court shall be presided over by such number of mu nicipal court judges as shall be authorized by the city council.
(b) Qualifications. To qualify for appointment as a judge of the municipal court, a person shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. To hold office as a judge after such appointment, a person shall continue to possess said qualifications and shall not hold or qualify for any other public office.
(c) Appointment. The mayor shall appoint a person to the position of municipal court judge in accordance with the provisions in this article.
(d) Term of office. A judge of the municipal court shall be appointed for a term of four years and, upon completion of such term, such judge shall continue to serve until not retained by a vote of city electors as provided herein.
(e) Oath. Before assuming office, each judge shall take and subscribe an oath or affirma tion, before some officer authorized to administer oaths, faithfully to discharge the duties of the office. The oath shall be filed with the municipal clerk.
(f) Vacancies. In the event of any vacancy in the office of a municipal court judge for any cause, whether by death, resignation, lack of retention, or removal, the mayor shall appoint some qualified person to fill such vacancy in accordance with the provisions of this article. Any judge appointed to fill a vacancy shall not be required to run against his or her record until he or she has held office at least 12 months, and in such event his or her term shall be extended until the end of the calendar year of the second general municipal election follow ing the date of his or her appointment.
(g) Compensation. The annual salary of municipal court judges shall be as authorized by the city council.
SECTION 4-105. Chief judge.
(a) Selection. The municipal court judges shall by a majority vote select a chief judge to serve at their pleasure.
(b) Duties. The chief judge shall be responsible for the general supervision of the municipal court and shall promulgate all rules necessary for the supervision, conduct, and adminis tration of the court, including but not limited to the number of divisions into which the court is divided and the assignment of judges to duty therein; the hours of operation of the court; the preparation of calendars deemed necessary and proper; and a system for keeping court records and shall require such reports from the judges, solicitor, public defender, clerk/administrator, and other court personnel as deemed necessary and proper. Such rules so promulgated shall be reduced to writing. The chief judge shall be responsible also for the preparation and submittal of budgets of said court to the mayor and city council and appropriate departments, committees, and agencies. He or she shall further perform other duties as the council may provide by ordinance or as required by law.
(c) Vacancy, incapacity, or inability. In the event of a vacancy, incapacity, or inability of the chiefjudge to perform his or her duties, the remaining judges of the court, by a majority vote, shall select another chief judge in accordance with this section.

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SECTION 4-106. Judicial commission.
(a) Creation. There is hereby created an Atlanta Judicial Commission, established for the purpose of nominating to the mayor persons for appointment to the positions of judges, solicitors and public defenders of city and municipal courts, and any judge pro hac vice of municipal court.
(b) Composition; appointments. The Atlanta Judicial Commission shall be composed of eight voting members, consisting of three members appointed by the Atlanta Bar Associa tion who are actively engaged in the practice of law, three members appointed by the Gate City Bar Association who are actively engaged in the practice of law, and two members appointed by the mayor who are residents and qualified electors of the city but not attor neys. All persons appointed to the judicial commission shall have resided in the city for at least 12 months and continue to reside in the city during their terms of office. Of the mem bers first appointed after the effective date of this charter, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for two years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for three years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for four years, and the two members appointed by the mayor shall be appointed for four years. Thereafter, all members shall be appointed to four-year terms. A chairper son and secretary shall be elected by the members; however, the chairperson shall be a member of the State Bar of Georgia.
(c) Functions; duties. Whenever a vacancy occurs in the positions of judges, solicitors and public defenders of city and municipal courts, or a judge pro hac vice of municipal court for any cause, the mayor shall provide written notification to the chairperson within 30 days of the act creating the vacancy or any new position. The judicial commission shall certify to the mayor a list of three nominees who are members of the State Bar of Georgia in good standing. Such list shall be submitted by the judicial commission no later than 90 days after receiving the above written notification from the mayor. The nominations and ap pointments to fill vacancies shall be based solely upon merit, legal experience, ability, and integrity. Any member shall be disqualified from consideration of an applicant who is re lated by blood or marriage.
(d) Confidentiality of deliberations. The deliberations of the judicial commission shall be confidential and privileged. The identity of the applicants and nominees certified to the mayor shall be public information.
(e) Failure to submit nominations. If the judicial commission has not presented its nomina tions as required by subsection (c) herein to the mayor within 120 days after being in formed by the mayor of a vacancy or pending vacancy, the mayor may thereafter fill such vacancy on his or her own motion, applying the standards herein. However, any such ap pointment made by the mayor shall be confirmed by a majority vote of the members of council.
SECTION 4-107. Retention of judges.
(a) Filing of declaration. A judge of the municipal court who desires to retain judicial office for a succeeding term shall file with the municipal clerk, not more than 90 days nor less than 60 days prior to each regular general municipal election prior to the expiration of the judge's term of office, a declaration of intent to run for another term.
(b) Ballot question. Upon a filing of the above declaration, a question shall be placed upon the appropriate ballot of such municipal election as follows:

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"Shall Judge (Name of judge) of the Atlanta Municipal Court be retained in office?
Yes, to retain.
No, against retention."
If a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Monday in January following each municipal election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions within this article.
(c) Prohibition against appointment. Any judge failing to be retained by city electors shall be ineligible for appointment to the municipal court for a period of four years.
SECTION 4-108. Removal of judges.
(a) A judge of the municipal court may be removed from office in accordance the provisions of the Code of Judicial Conduct effective on January 1, 1994, as now or hereafter amended, as adopted by the Supreme Court of Georgia.
(b) Whenever a judge of the municipal court shall be indicted for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, he or she shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him or her. Immediately thereafter, unless he or she has been convicted or pleaded guilty, he or she shall be reinstated in office and shall receive all compensation withheld during his or her suspension; otherwise his or her office shall be vacant.
SECTION 4-109. Judges pro hac vice; city court judges.
(a) The council shall determine the initial number of court officers pro hac vice. The mayor shall appoint judges pro hac vice from panels of three nominees submitted by the Atlanta Judicial Commission. The qualifications for said appointees shall be the same as for judges and a judge pro hac vice shall act in the event of an emergency, conflict of interest, or other necessity.
(b) At such time a judge pro hac vice is needed by the municipal court for more than threefourths of the working days of this court in any six-month period, an additional position of associate judge shall be established, subject to approval by majority vote of the council.
(c) Any judge of the City Court of Atlanta may preside in the Municipal Court of Atlanta as provided by ordinance and, when so presiding and acting as judge, have full power and authority in all matters pending in such court.
(d) All judges pro hac vice for the municipal court shall serve four-year terms, commencing on the effective date of this charter, or commencing on the effective date of their respective appointments, whichever date is earlier.
SECTION 4-110. Solicitor; qualifications; selection; term; assistants; duties; oath; prohibited activities;
compensation; vacancies; removal.
(a) Qualifications. There shall be a solicitor of the municipal court. The solicitor shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. During his or her term of office, the solicitor shall continue to reside within the city.
(b) Selection; term. Upon the submission of three nominees by the Atlanta Judicial Com mission, the mayor shall appoint one of the three nominees as the solicitor of municipal court for a four-year term. The solicitor shall discharge the duties of the office until a suc cessor is qualified and appointed. A solicitor may be appointed to subsequent terms.

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(c) Assistants. The solicitor shall appoint such deputy or assistant solicitors as may be authorized by the city council. Any deputy or assistant solicitor shall be and remain a mem ber in good standing with the State Bar of Georgia and shall serve at the pleasure of the solicitor.
(d) Duties. The solicitor shall be the prosecuting officer of the municipal court. The solicitor and assistant solicitors shall perform such duties as prescribed by ordinance and required by law.
(e) Oath. Before entering the duties of their offices, the solicitor and assistants shall take and subscribe an oath or affirmation before some officer authorized to administer oaths, to faithfully discharge the duties of the office.
(f) Prohibited activities. The solicitor and deputy or assistant solicitors, excluding solicitor pro hac vice, shall devote full-time to the discharge of their duties and shall not engage in the private practice of law.
(g) Compensation. The annual salaries of the solicitor and assistants shall be fixed by the council.
(h) Vacancies. In the event of a vacancy in the position of the solicitor or any assistant for any cause, whether by death, resignation, or removal, such vacancy shall be filled in ac cordance with the provisions in this article.
(i) Removal. The solicitor shall be subject to removal from the office by the mayor during the term of office to which such solicitor was appointed for any of the grounds enumerated in paragraphs (1) through (6) of subsection (a) of Section 5-304.
SECTION 4-111. Public defender; qualifications; selection; term; assistants; duties; oath; prohibited
activities; compensation; vacancies; removal.
(a) Qualifications. There shall be a public defender of the municipal court. The public de fender shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experi ence. During his or her term of office, the public defender shall continue to reside in the city.
(b) The provisions of Section 4-110 relating to the appointment, term, assistants, duties, oath, vacancies, removal, prohibited activities, and compensation shall apply also to the public defender and any assistant public defenders. The public defender and assistants shall perform such duties as shall be prescribed by ordinance and required by law.
SECTION 4-112. Solicitors and public defenders pro hac vice.
(a) The solicitor shall appoint solicitors pro hac vice as needed by the municipal court to act in the event of emergency or necessity, except as provided herein.
(b) The chiefjudge of the municipal court shall appoint solicitors pro hac vice when there is a conflict of interest associated with the office of the solicitor. Under these circumstances, the solicitor shall make a written request setting out the nature of the conflict of interest to the chief judge.
(c) Any municipal court judge shall have authority to appoint public defenders pro hac vice to act in the event of emergency, conflict of interest, or necessity related to the office of the public defender.
SECTION 4-113. Clerk/Administrator and other court personnel.
(a) Clerk/Administrator. The office of the clerk/administrator is hereby created. The clerk/ administrator shall be appointed by a majority vote of the total number ofjudges thereof to serve at their pleasure and shall not be subject to civil service rules of the city. Any person

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appointed clerk/administrator shall be a resident of the city during his or her appointment. The clerk/administrator duties shall consist of submitting to the chief judge recommenda tions for improving the efficiency and operation of the court; being the official custodian of records of the court; assisting the chief judge in the preparation of the budgeting and fiscal reports and documents as may be necessary and proper for the operation and maintenance of the court; collecting and compiling data, including cases filed and disposed of, and infor mation on the expenditures and receipts of the court; keeping and maintaining the docket ing of cases in such form and manner as required by law or the chief judge; and other such duties as provided by ordinance.
(b) Other court personnel. The judges in conference shall employ, subject to the city's civil service laws, regulations, and rules, such employees and staff of the court as shall be au thorized by the council. Such employees and staff shall be within the civil service system of the city.
(c) Prohibition. Unless provided otherwise in this charter, personnel of the municipal court shall not be employed by, members of, or under the jurisdiction of the police department or be actively engaged in the practice of law before the court except in the actual discharge of their official duties.
SECTION 4-114. Court procedures; service of processes and orders.
(a) Criminal prosecutions in the court may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, and summons may be signed by the solicitor or assistant solicitor, any sworn member of the police department, or such officers as may be specifically authorized by ordinance. The judges of such court may issue warrants either on their own knowledge or on information given under oath. Except in capital cases, they shall have the same power to fix bonds as judges of the superior courts.
(b) All copies of documents and records of the court certified by the clerk/administrator, or such deputy clerk/administrator, under the seal of the court shall be admissible in all pro ceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the superior courts of the state and the seals of such courts.
(c) The chief of police and sworn members of the police department of the city and employ ees of the court designated by the judges, and such other officials or persons authorized by law, shall have the authority to serve all processes and orders of the municipal court in the absence of sufficient designated employees of the court, and members of the police depart ment shall have the authority to serve as bailiffs or constables at the discretion of the chief judge.
SECTION 4-115. Code of ethics.
(a) The Code of Judicial Conduct, as adopted by the Supreme Court of Georgia, as now or hereafter amended, shall govern the conduct of the judges of the municipal court.
(b) The Code of Professional Responsibility, as adopted by the Supreme Court of Georgia, an now or hereafter amended, shall govern the conduct of the solicitor, public defender, and their assistants of the municipal court.
(c) Said codes are hereby incorporated herein by reference as if set out at length in this section, and copies thereof are on file in the office of the municipal clerk.

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ARTICLE 5 Elections, Removal and Conflicts of Interest
SECTION 5-101. Applicability of general laws.
Regular and special elections shall be conducted in accordance with provisions of the Chap ter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
SECTION 5-102. Regular elections; time for holding; voting.
(a) The regular general election for electing the mayor, president of the council, and all councilmembers of the City of Atlanta shall be held on the first Tuesday after the first Monday in November, 1997, and quadrennially thereafter.
(b) The entire electorate of the city shall be entitled to vote in elections for mayor, president of council, and at-large councilmembers. The entire electorate of each council district shall be entitled to vote for the election of a councilmember elected solely from that district. The person receiving the majority of the votes cast for each position shall be elected.
(c) The mayor, president of the council, and those members of the council who are serving as such on December 31, 1996, and any person selected to fill a vacancy in any such offices shall continue to serve as such for terms of office which expire December 31, 1997, and shall continue to represent the area or district from which elected.
(d) The first mayor, president of the council, and members of the council under this Act shall elected at the time of the general municipal election in 1997. The mayor, president of the council, and members of the council elected thereto in 1997 shall take office the first Monday of January immediately following that election and shall serve for initial terms of office which expire December 31, 2001, and upon the election and qualification of their respective successors. Those and all future successors to the mayor, president of the coun cil, and members of the council whose terms of office are to expire shall be elected at the general municipal 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 each. The mayor, president of the council, and members of the council shall serve for the terms of office specified therefor in this subsection and until their respec tive successors are elected and qualified.
SECTION 5-103. Special elections; filling of vacancies.
(a) In the event the office of mayor, president of the council, or councilmember shall become vacant by reason of death, resignation, or any other cause, the council shall, within 15 days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the city, except:
(1) If a regular election for the office of mayor is to be held within one year after the date that a vacancy in the office of mayor occurs, the president of the council shall assume and discharge the powers and duties of the office of mayor for the duration of the mayor's unexpired term, and the president pro tempore shall perform duties of the president of the council during such period;
(2) If a regular election for the office of the president of the council is to be held within one year after the date that a vacancy occurs in the office president of the council, the president pro tempore shall assume and discharge the powers and duties of the office of the president of the council during such period;
(3) If a regular election for the office of councilmember is to be held within one year after the date that a vacancy occurs in the office of councilmember, the remaining members of

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the council shall by majority vote appoint a qualified person to fill the vacancy. The members of the council shall appoint such person within 30 days of the date the vacancy occurs.
(b) If any elected officer of the city qualifies for another municipal, county, state, or federal elective office, his or her resignation shall be governed solely by Article II, Section II, Para graph V, of the Constitution of the State of Georgia.
(c) In all other respects, every special election shall be held and conducted in accordance with applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
SECTION 5-104. Use of public buildings.
It shall be the duty of the council to make available for voting purposes all public buildings of the city which may be needed or required for such purpose on all election days.
SECTION 5-105. No partisan primaries; candidates listed without party label.
No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by or for the City of Atlanta, the names of all candidates shall be listed upon the ballot without party label.
SECTION 5-106. Other provisions.
Except as otherwise provided by this charter , the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Chapter 2. Council Districts; Reapportionment
SECTION 5-201. Council districts.
Beginning with the general municipal election of 1997 the territory of the council shall consist of 12 council districts to be designated as Districts No. 1 through 12, and three residency posts for the three at-large members. The boundaries of the districts are specifi cally described and set forth in Appendix I herein. Said appendix is incorporated herein as if fully set forth in this section.
SECTION 5-202. Reapportionment of council districts.
(a) Subject to the limitations of state and federal law, the council shall reapportion the council districts from which members of the council are elected following publication of the 2000 United States decennial census or any future such census. Such reapportionment of districts shall be effective for the election of members to the council at the next regular general municipal election following the publication of the decennial census.
(b) The council shall reapportion the council districts in accordance with the following specifications:
(1) Each reapportioned district shall be formed of contiguous territory, and the boundary lines of said district shall be the center lines of streets or other well-defined boundaries;
(2) Variation in population between such districts shall comply with the one-person-onevote requirements of the United States Constitution; and

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(3) The reapportionment shall be limited to adjusting the boundary lines of the existing districts only to the extent reasonable necessary to comply with the requirements of par agraph (2) above; and the number of members of the council and the manner of electing such members, except for the adjustment of district boundary lines, shall not be changed by the council.
(c) In addition to the reapportionment following publication of the decennial census, the council shall reapportion districts pursuant to this section if the annexation of additional territory to the corporate boundaries of the City of Atlanta has the effect of denying electors residing within the newly annexed territory the right to vote for the election of members of the council on substantially the same basis that the other electors of the City of Atlanta vote for members of the council. The reapportionment provided for herein shall meet the criteria specified in subsection (b) of this section and shall be further limited to making only those adjustments in district boundary lines as may be reasonably necessary to in clude the newly annexed territory within such districts. Reapportionment under this sub section shall be effective for the next regular general municipal election following annexation.
Chapter 3. Removal of Elected Officials
SECTION 5-301. Recall elections.
Any person holding an elective office of the city shall be subject to removal from office at a recall election in the manner provided by Chapter 4 of Title 21 of the O.C.G.A., the "Recall Act of 1989," as now or hereafter amended.
SECTION 5-302. Offices to be vacated immediately upon the occurrence of certain events.
Upon final conviction of or the entering of a plea of guilty for a crime involving moral turpi tude, a felony, or other crime involving malfeasance or misfeasance while in office, the office of the mayor, president of the council, or any councilmember shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this charter.
SECTION 5-303. Removal of mayor for temporary inability to serve.
During the temporary inability of the mayor to perform the duties of his or her office, the president of the council shall serve as and shall have all the powers and duties of the mayor, provided the council shall, by three-fourths' vote of the entire membership serving thereon, certify such inability by resolution, which resolution shall become immediately effective without action by the mayor. The council shall determine by majority vote of its members when the mayor is again able to perform the duties of his or her office.
SECTION 5-304. Removal of elected officials.
(a) Grounds for removal. The mayor, the president of the council, or any councilmember shall be subject to removal from office for any of the following causes:
(1) Malpractice, misfeasance, or malfeasance in office;
(2) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(3) Violation of the conflicts of interest and standards of conduct provided in this charter or the code of ordinances;

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(4) Violation of the oath of office as provided in this charter;
(5) Abandonment of office or ceasing to perform the duties thereof; or
(6) Failure for any cause to perform the duties of office as required by the provisions herein or by law.
(b) Procedures for removal. Removal of the mayor, the president of the council, or any councilmember pursuant to subsection (a) of this section shall be accomplished by the fol lowing method. In the event the mayor, the president of the council, or any councilmember is sought to be removed by action of the council, an impartial panel shall conduct a hearing and render a decision on the matter. Such elected official sought to be removed shall be entitled to a written notice specifying the ground(s) for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The council shall provide by ordinance or resolution for the appointment of an impartial panel and the manner in which such hearings shall be held to render a decision. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Fulton County. Such appeals shall be governed by the same rules as govern appeals to the superior court from the probate court.
Chapter 4. Conflicts of Interest
SECTION 5-401. Conflicts of interest provisions applicable to city officials
and employees.
(a) Except as otherwise provided by general law, no elected official, appointed officer, or employee of the city or any office, department, or agency thereof, shall knowingly;
(1) Engage in any business or transaction with, or have a financial or personal interest, direct or indirect, in the affairs of, the city, except through a procedure employing sealed bids;
(2) Engage in or accept private employment or render services for private interest when such employment or service is in conflict or incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of official duties;
(3) Disclose confidential information or use information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14, of the O.C.G.A., as now or hereafter amended, concerning the property, government or affairs of the city or any office, department, or agency thereof, not available to members of the public and gained by reason of his or her official position for his or her personal gain or benefit, to advance his or her financial or other private interest, or to advance the financial or private inter est of any other person or business entity;
(4) Represent other private interests in any action or proceeding against the city or any office, department, or agency thereof;
(5) Vote or otherwise participate in the negotiation or the making of any contract with any business entity in which he or she has financial interest.
(b) No elected official, officer, or employee shall use property of the city for his or her per sonal benefit or profit except in accordance with policies and procedures of the city.
(c) All elected officials, appointed officers or employees of the city or any office, department, or agency thereof, shall abide by any further standards of conduct adopted or as may be adopted by an ordinance of the council.
(d) As used in this chapter, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law,

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sister-in-law, brother-in-law, daughter-in-law, son-in-law, any other relative living in the household of the elected official, appointed officer, or employee or who otherwise holds him self or herself out as or is generally known as the person whom the elected official, ap pointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
SECTION 5-402. Disclosures.
(a) Any elected official, appointed officer, or employee who has any financial interest, di rectly or indirectly, in any contract or matter pending before or within any office, depart ment, or agency of the city shall disclose such interest in writing to the council by filing a written memorandum with the municipal clerk. Any elected official who has a financial interest in any contract or matter before the council shall disclose such interest as provided in Article 2 within this charter.
(b) Any elected official shall disclose publicly the identity of any relative, as defined in the code of ordinances, employed by the city, prior to January 31 of each year by filing a writ ten memorandum with the municipal clerk on such form as prescribed by the council.
SECTION 5-403. Contracts voidable and rescindable.
Any contract between the city and another party shall be voidable or rescindable at the discretion of the council at any time if any elected official, officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provi sions within this chapter.
SECTION 5-404. Ineligibility of elected officials.
No elected official shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which that official was elected to office, unless this provision is waived by a three-fourths' vote of the council.
SECTION 5-405. Hearings and determinations.
Any hearings and determinations regarding any violations of the provisions herein shall be in accordance with the provisions of this charter or any ordinance regulating standards of conduct as adopted by the council.
ARTICLE 6 Revenue and Fund Administration
Chapter 1. Revenue
SECTION 6-101. General power of taxation.
(a) For the purpose of raising revenue for the support and maintenance of city government and for other corporate purposes, the governing body shall have full power and authority to provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property, which, under the laws of this state, is subject to taxation within the corporate limits of the city. For the purpose of raising revenue for the payment of interest and principal on the bonded indebtedness of the city, the governing body shall have full power and authority to provide by ordinance for the assessment, levy, and collection of an annual ad valorem tax on all real and personal property, which, under the laws of this

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state, is subject to taxation within the corporate limits of the city, and to provide such an amount in millage as may be necessary to meet and pay all such obligations.
(b) For the purpose of raising revenue for permanent improvements in the parks of the city, and for facility maintenance, repair, replenishment, enhancement, and the purchase of equipment for such parks, the governing body shall have full power and authority to pro vide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property, which, under the laws of this state, is subject to taxation within the corporate limits of the city, in the amount of one-half mill on each dollar of assessed valua tion thereon; such tax, when collected, shall be used as follows: 90 percent exclusively for permanent improvements to the zoo, golf courses, recreational, and other park facilities of the city, and 10 percent for park facility maintenance, repair, replenishment, enhance ment, and the purchase of equipment. In the event that any part of the tax so collected cannot be used in any one year, it may be invested in short-term securities until such time as the use of said funds becomes necessary or possible. The tax provided for herein shall be in addition to all other taxes authorized by this charter.
(c) The tax authorized by subsection (b) shall be used only as provided herein. Any sums not used in any one year for such purposes shall be converted into a trust fund to be held and expended for such purposes in future years. Half of the half-mill tax may, at the dis cretion of the council, be used for the purpose of constructing a stadium and related facili ties in the city or for the purpose of paying in whole or in part the obligation assumed by the city by contract now or hereafter entered into with any authority now in existence or hereafter created which has agreed to construct a stadium and related facilities in the city.
(d) No enumeration or any right, power, or authority provided in this charter shall be con strued as limiting or abolishing any right, power, or privilege herein set forth.
(e) There shall be assessed, levied, and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate determined by the Atlanta Board of Education, to be billed and collected as other ad valorem taxes are billed and collected in accordance with this charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the president of said board of education together with a certified copy of said board's budget and filed with the governing authority, the format and time of annual filing of such request to be the only action by the governing authority of the city necessary to levy such tax annually. All reve nue derived from such school and educational ad valorem tax shall be paid into the treas ury of the city and shall be remitted monthly to said board of education free from any charge except the direct cost of collecting such tax.
(f) The governing body shall be authorized to assess, levy, and impose taxes on lots and lot owners for sanitary purposes in such amount, rates, or methods of assessment and taxa tion; provided, further, the governing body shall be authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from the date of the assessment. The governing body shall be authorized to prescribe what should consti tute a lot for sanitary purposes and assessment; provided, however, that assessment shall be made on vacant lots as follows: A front footage fee shall be assessed in accordance with the zoned property category, residential, apartment, or commercial, and no unit fee shall be assessed. Resident lots shall not be subdivided or assessed separately except where they have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon.
(g) The governing body of the city, in addition to being authorized to assess, levy, and im pose taxes for sanitary purposes, as set forth hereinabove in subsection (f), shall be author ized to charge fees for the collection, removal or disposal, or both, of all solid waste except body wastes, ashes, street cleanings, dead animals, abandoned automobiles, and market and industrial wastes, such fees to be charged against the owners or, when not owneroccupied, against the occupants, tenants, or lessees of the premises from which the fee is

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collected, and from which such waste is removed or disposed of, or both, from which collec tion and removal services are made available. The amount of such fees may depend upon the amount, weight, or volume of collections and whether collected from residential, com mercial, industrial, or other property.
(h) All public property exempt from taxation by the city by law shall likewise be exempt from all assessments, levies, and taxes specific under subsection (f) above. All fees for serv ices charged against any such property as specified in subsection (g) above shall be due and payable when billed in due course by the city.
SECTION 6-102. Excise taxes.
(a) Except as otherwise provided by general law, the governing body shall be authorized and empowered to classify businesses and arrange the various businesses, trades, and pro fessions carried on in the city into such classes of subjects for taxation as may be just and proper.
(b) Except as otherwise provided by general law, the governing body shall have full power and authority to require any person, firm, corporation, or company engaged in, prosecuting, or carrying on, or that may engage in, prosecute, and carry on any trade, business, calling, or profession, to register their names and business, calling, or profession annually and to require such person, company, or association to pay for such registration or license, or both, to engage in, prosecute, or carry on such business, calling, or profession such fee, charge, or tax as the governing body may deem expedient for the safety, benefit, convenience, and advantage of the city. Such tax, registration fee, or license shall be imposed at the discre tion of the governing body. The governing body shall also have power and authority to prescribe and collect fees for the issuance of business licenses or executions and for the collection of executions.
(c) The governing body shall be authorized to impose and collect license fees and taxes on life insurance companies as authorized by an Act of General Assembly of Georgia approved February 20, 1964 (Ga. L. 1964, p. 122), as now or hereafter amended, and on fire and casualty insurance companies as authorized by an Act of the General Assembly approved April 12, 1968 (Ga. L. 1968, p. 3706), as now or hereafter amended.
(d) The governing body shall have full and complete power and authority to require every person, firm, or corporation engaged in the business of selling spirituous, vinous, or malt liquors at wholesale to pay excise taxes based on the quantity or value of the commodity sold. Such taxes shall be in addition to any and all other taxes and license fees authorized by law.
(e) If the corporate limits of the city are extended so as to include therein businesses, pro fessions, and trades located therein which were previously licensed through an examina tion or otherwise by the governing authority of the annexed area, such licenses shall have the same dignity and standing as if they were in the first place issued by the governing authority of the city; provided, however, that any businesses not located therein must se cure a new license from the city; provided, further, that city license renewal fees shall be payable thereby following the calendar year of said extension of the corporate limits. No such license shall have such dignity and standing unless the licensee applies to the city for a certificate of proficiency within six months after approval of the annexation affecting such licensee.
SECTION 6-103. Assessment, return, and collection of city taxes.
(a) Except as otherwise provided by general law, this charter, or ordinance, all taxes on property subject to taxation other than assessments made by the revenue commissioner of Georgia shall be assessed by the Fulton County or DeKalb County board of tax assessors and collected by the Fulton County or DeKalb County tax commissioner in accordance with

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applicable laws as now or hereafter amended governing the return, assessment, and collec tion of taxes with the City of Atlanta. The tax commissioners shall receive all tax returns for the city of all taxable property located in the city within Fulton County and DeKalb County except business property situated in such counties, the return of which shall be made to the board of tax assessors of Fulton or DeKalb Counties as provided by Georgia law. For the City of Atlanta in Fulton County and for that portion of the City of Atlanta located in DeKalb County, the tax commissioners shall prepare consolidated tax return forms for state, county, and city taxes and shall cause their use for the return of such property. The tax commissioners shall bill for all taxes due to the city on property in such counties and shall receive all payments of such taxes, including interest and fi. fa. costs thereon. He or she may be authorized by the governing body to collect delinquent taxes due to the city on property in such counties with the same powers and authorities held by the chief financial officer of the city. Sales made by the tax commissioner shall carry the title to the property as if made by the city's chief financial officer.
(b) Any tax commissioner shall give bond payable to the City of Atlanta, in an amount to be determined by ordinance, conditioned upon payment to the city of all sums collected by him or her for and on behalf of the city. The premium on such bond shall be paid by the city.
(c) The time or times for the payment of taxes assessed against real estate and personal property in the city shall be fixed by ordinance of the governing body; provided, however, that said ordinance shall not be changed during any current year but shall apply to the years succeeding the date of the passage of such ordinance. The ordinance may provide for payment of taxes monthly, quarterly, or otherwise; and on failure to pay the taxes or in stallment on taxes, such taxes shall bear interest at such rate as may be fixed by the gov erning body, to be charged on any installment not paid at the time ordained. If all the tax assessed for the current year is paid during the first tax period fixed, as provided by ordi nance, a discount for such payment, not exceeding 3 percent, may be provided for by ordi nance, on the total amount of such annual taxes. If the total taxes are not paid during the first period, but are paid during some of the other periods fixed in the ordinance, a discount may be allowed thereon not exceeding the stated sum of 3 percent; provided, however, that there shall be deducted from the discount a proportionate sum corresponding to the period of the year during which such taxes remain unpaid. The interest shall be computed from the date the taxes are made payable. The times of payment shall be provided by ordinance, with one or more times of payment during the current year. If any ad valorem tax or por tion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the entire tax or the unpaid balance of the entire tax on December 20 and shall bear interest from August 15; provided, however, if December 20 of any year shall fall on Sunday, then the fi. fa. shall be dated December 21.
(d) The governing body may provide by ordinance for penalty for late payment of business licenses, taxes, and sanitary services in such amounts as deemed necessary.
(e) The chief financial officer shall be ex officio marshal and shall collect all delinquent taxes and shall be authorized to collect or levy fi. fas. for taxes, assessments, and fines; make sales of property to satisfy executions under the laws applicable to sheriffs sales; issue, sign, and record executions; and issue tax executions instanter against the owner of personal property, subject to a lien for unpaid taxes, which is being removed or is about to be removed beyond the limits of the city. He or she shall pay into the city treasury all fees paid into his or her office. He or she shall transfer and assign all fi. fas. issued for assess ments, as provided by law for tax fi. fas. A deputy of the chief financial officer, or any other city officer as provided by ordinance, may issue and sign executions and levy fi. fas. A proportionate amount of taxes due under a fi. fa. may be paid, as to a particular lot or tract of land, to withdraw said land from the lien thereof. Deeds made under this section shall be admissible in evidence on the same terms as deeds made for state and county taxes. The proceedings preliminary to the execution of such deeds shall also be admissible. The gov erning body may sell and transfer executions at a discount or discounts and preserve liens as provided in Ga. L. 1937, p.795, as amended. Personal property levied on in the city may be sold at any place within the corporate limits thereof as provided by ordinance. The chief

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financial officer shall deduct from any payment due by the city to pay any person, firm, or corporation the amount of any delinquent bill or amount due the city prior to the payment of any such bill or account.
(f) It shall be the duty of the tax commissioners to furnish with all tax bills a detailed statement which includes (1) purposes for which the taxes have been assessed and levied and (2) the number of mills assessed; for general operations and debt service, schools, parks, and any other purpose for which taxes have been assessed and levied; the dollar amount of taxes levied by purpose; and any other relevant information necessary to advise the taxpayers, either on the statement or on a paper to be enclosed with the statement, concerning the taxes imposed on them.
(g) The chief financial officer shall be ex officio treasurer of the city and shall assume all the duties as may be required of that office.
SECTION 6-104. Collection of public utility taxes.
The chief financial officer, as ex officio marshal, shall collect all taxes, including sanitary taxes and delinquent taxes, due the city by public utilities. Utility ad valorem taxes shall be paid within the period fixed for payment of ad valorem taxes generally or within 20 days following certification by the state revenue commissioner, whichever is later. He or she is further empowered to collect, levy, issue, transfer, and assign all fi. fas. for taxes and fines, to see property so levied on under rules governing the sheriff and his or her deputies, to issue and assign executions and instanter execution for taxes and assessments, and to per form such other services as the governing body shall prescribe by ordinance; provided, however, property so levied upon may be redeemed by proportionate payment of taxes, as provided for in an Act of the General Assembly approved March 24, 1933 (Ga. L. 1933, p. 279). Provided, however, that nothing contained in this section shall abrogate the central assessment and return provisions of general law as applied to public utilities.
SECTION 6-105. Fulton and DeKalb County territory.
(a) The governing body shall be authorized to contract with Fulton and DeKalb County tax receivers and commissioners for that portion of the city lying within such counties for con solidated tax return forms, tax digests of property returned, billing for taxes, receipt of payment for such taxes, and payment to the city of such sums as provided in this chapter. Compensation for rendering such services shall be an amount equal to the cost of rendering the services but not to exceed 1 percent of all sums collected for the city.
(b) The records of the tax receivers or commissioners of any counties in which portions of the city lie shall be available at all business hours to duly authorized representatives of the city and any members of the public.
(c) The contents and delivery of tax bills, information to be furnished by the city, payment of taxes in installments, apportionment of taxes, partial payments, kinds of taxes collected, tax executions, and bonds of tax collectors or tax commissioners shall be provided for by ordinance in accordance with an Act of the General Assembly approved February 21, 1951 (Ga. L. 1951, p. 3087), and an Act of the General Assembly approved March 2, 1953 (Ga. L. 1953, p. 2809), as amended, and as otherwise required by law.
SECTION 6-106. Homestead exemptions.
(a) The maximum homestead exemption as authorized by law is applicable to all property qualifying for such exemption which is subject to ad valorem taxes in the city.
(b) The procedures and requirements for determination of eligibility, application for exemp tion, time for filing, and absence due to duty in armed forces shall be provided for by ordinance.

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SECTION 6-107. No new grant of taxing power.
Any other provisions of this charter to the contrary notwithstanding, nothing contained within this charter shall be deemed nor construed to confer upon the City of Atlanta any power to levy and assess taxes and fees which the city did not possess on January 1, 1973. Provided, however, nothing contained within this section shall preclude said city from exer cising additional powers to levy and assess taxes and fees which are conferred by general or local law, other than this charter, which are enacted subsequent to January 1, 1973.
Chapter 2. Borrowing and Indebtedness
SECTION 6-201. Bonds to be issued and sold under general state laws.
The city shall issue and sell bonds under the provisions of the general laws of the state; and where an issue of bonds is desired and the purposes thereof are legal and the amount pro posed is not in excess of the constitutional limit, the governing body shall call an election when required therefor by ordinance, observing any and all formalities of notice, time, place and manner of election, voting, and declaring the result as provided by the general laws.
SECTION 6-202. Issuance of general obligation bonds.
(a) The city shall be authorized to issue and sell general obligation bonds under the provi sions of the Constitution and of the laws, both general and special, of the state as now or hereafter permitted for any public purpose.
(b) The city shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the city, as the same may now exist and may be hereafter changed, to pay the principal of, redemption premium, if any, and interest on general obligation bonds issued by the city.
SECTION 6-203. Limitations upon general obligation bonds.
(a) The city shall be authorized to incur general bond indebtedness to the extent authorized by the Constitution of Georgia of 1983, as now or hereafter amended, and the general laws of this state.
(b) The proceeds from said general obligation bonds shall be utilized only for the purposes authorized by the bond issue; provided, however, the proceeds of such bonds shall not be utilized for payment of other than capital expenditures or expenses incidental thereto.
SECTION 6-204. Issuance of general obligation bonds.
The city shall be authorized to issue general obligation bonds as provided by the Constitu tion and laws of Georgia.
SECTION 6-205. Revenue bonds.
The city is empowered and authorized to issue revenue bonds in the manner authorized by the Constitution and laws of Georgia.

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SECTION 6-206. Other revenue bonds.
The city shall be authorized to issue revenue bonds for the waterworks system, for sanitary services, and for grandstands and stadiums as provided by the Constitution of Georgia of 1983, as now or hereafter amended.
SECTION 6-207. Special assessment bonds.
The city shall be authorized to issue special assessment bonds as provided by the Constitu tion and laws of Georgia.
SECTION 6-208. Investment of surplus funds.
The chief financial officer shall be authorized by ordinance to invest or reinvest all surplus funds of any type not immediately needed.
SECTION 6-209. Registration, transfer, and negotiation of bonds.
The city is hereby authorized and empowered to provide for and regulate the registration of bonds of the city and to prescribe the manner in which such bonds have been registered and may be transferred or negotiated.
SECTION 6-210. Issuance of registered bonds in lieu of coupon bonds.
The city may provide for the issuance of registered bonds of the city in lieu of any coupon bonds issued by the city.
Chapter 3. Fiscal Control
SECTION 6-301. Budget commission.
(a) There is hereby created a budget commission consisting of the mayor, chief financial officer, chairperson of the finance committee or equivalent committee of the governing body, and two governing body members nominated by the mayor and confirmed by the governing body for one-year terms.
(b) The budget commission:
(1) Shall annually prepare and file with the governing body for submission to the mayor the budget revenue anticipations for the city, provided that such anticipations shall not exceed 99 percent of the normal revenue collected during the previous year, with the following exceptions: (A) the normal revenue which the city may be expected to collect from the taxable property in newly annexed territory may be anticipated; (B) collections from tax executions on real estate and on personal property and choses in actions owned by the city may be anticipated, provided that revenues from such anticipations shall not exceed 85 percent of tax executions on real estate and 50 percent of tax executions on personal property not more than three years old and choses in actions certified solvent and collectable by the tax assessor. When such revenue anticipations have been filed, they shall be binding upon the governing body without any action of approval or disapproval;
(2) Shall allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law, which such shall not be diverted to any other purpose;

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(3) In the event the income of the city should be decreased by law, either by act of the General Assembly or by the governing body, it shall be the duty of the budget commission to immediately adjust the budget revenue anticipations to comply with such decreased revenue. In the event of an increase in the tax rate, or if the schedule of charges for city service, such as water service, sanitary service, or any other similar assessments or charges should be changed by law, the budget commission may revise the budget revenue anticipations and considering assessments, sanitary service charges, or any other similar assessments or charges of the previous year apply new rates thereto and adjust the budget revenue anticipations accordingly;
(4) In the event the city receives any money, income, or revenue from any extraordinary source, either by sale of its property, gift, grant, or otherwise, which has not been consid ered in the preparation of the budget revenue anticipations or other normal revenue in excess of appropriations, the budget commission shall have the right to allocate immedi ately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the city;
(5) If at any time during any year, the expenditures exceed the revenues collected and a deficit is created, it shall be the duty of the budget commission before appropriating any other sum for any purpose other than the interest and sinking fund on the bonded in debtedness to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year.
SECTION 6-302. Adoption of budget.
(a) The mayor shall prepare and submit the proposed annual budget to the governing body no later than the second regular meeting of the governing body in the first month of the fiscal year.
(b) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefor.
(c) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this charter, in cluding but not limited to debt service, sinking fund, and interest on bonded indebtedness which sums shall not be diverted to any other purpose, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.
(d) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than the second regular meeting in the second month of each fiscal year.
SECTION 6-303. Expenditures of excess in receipts over appropriations.
The governing body is hereby authorized to expend and use any excess in the receipts of the city of any year over the amount appropriated for such year, provided such expenditure shall in no case exceed the actual receipts for such year.
SECTION 6-304. Budget amendments.
(a) The finance committee or equivalent committee of the governing body shall approve or disapprove all measures to expend money prior to their consideration by the governing body, provided that upon the committee's failure to report thereon by the second regular meeting of the governing body following a reference to the committee, the governing body may act on such measures without such report.

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(b) The finance committee or equivalent committee of the governing body shall approve or disapprove all measures pertaining to the interdepartmental transfer of appropriations from one line item account to another line item account in the operating funds of the city prior to their consideration by the governing body; provided, however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law or for the deficit of a prior year.
(c) Intradepartmental transfers of appropriations from one line item account to another line item account in the operating funds, the working capital fund, and the grant funds of the city may be made upon unanimous approval of the chairperson of the finance commit tee or equivalent committee of the governing body, the head or director of the department affected, the chief financial officer, and the chief operating officer. When the decision to transfer intradepartmental funds in not unanimous, such transfers shall be submitted to the governing body by the chairperson of the finance or equivalent committee of the gov erning body for approval or disapproval. The chairperson of the finance or equivalent com mittee of the governing body and the chief financial officer are jointly authorized to transfer appropriation surpluses, as the same may occur, from line accounts in the various depart ments of the operating funds, the working capital fund, and the grant funds of the city. Copies of any transfers shall be filed with the municipal clerk at the next regular meeting of the governing authority after said transfer of appropriations or appropriation surplus is made. The clerk shall enter such transfers in the minutes of such meeting and announce to the members of the governing body that such transfers have been made. The provisions of this subsection shall apply to the transfer of surplus funds from salary accounts.
SECTION 6-305. Unlawful obligations void.
(a) The city shall incur no obligation, except bonds lawfully issued, in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities at tempted to be incurred shall be void in law and equity.
(b) All contracts entered into by the governing body, contrary to the provisions of this char ter, for the purpose of raising money, or otherwise engaging the credit of the city, shall be null and void as to the city, but the mayor, if he or she approves, and all members of the governing body, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which liability may be enforced against such mayor and members of the governing body in any court of this state having jurisdiction thereof.
SECTION 6-306. Appropriations for charitable purposes.
The governing body of the City of Atlanta shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to any corpo ration, company, association, or institution for purely charitable purposes. The governing body shall also have the authority to enter into contracts and agreements with any school of higher learning located in the city for services to be rendered the city and payment for such services may be made from funds derived from taxation. The governing body is au thorized, in its discretion, to select the recipients of such appropriations and donations and as to determine the amounts of same.
SECTION 6-307. Authority of city to contract with commissions, councils, boards, etc.
With respect to services and properties of any kind or character related to corporate, mu nicipal, governmental, or public purposes, the City of Atlanta shall have the authority to contract with any commission, council, or board, created by the governing body of the city

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or otherwise, or with any other corporation, company, association, institution, or individual.
SECTION 6-308. Audit.
(a) The governing body shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the city and departments, boards, and commis sions thereof. The audit shall be made by a certified public accountant or a certified public accounting firm, the members of which are independent as defined by professional rules of conduct prescribed by the national association governing the practices of certified public accountants.
(b) The final report of the annual audit shall be completed as soon as practicable after the close of the year and in no event later than six months thereafter. Said report and the opinion and recommendations of those making the same shall be:
(1) Made available to the public at actual printing cost;
(2) Made available thereto for inspection at no charge; and
(3) Sent to the grand juries of Fulton and DeKalb counties then in session, to the AtlantaFulton Public Library, and to the state auditor.
SECTION 6-309. Accounting systems.
The chief financial officer shall be responsible for the administration of the accounting sys tems of the city, for proper recording of receipts and disbursements of each department, fund, or other breakdown, and shall provide a financial statement not less than monthly to the mayor, governing body, and other agencies as may be required.
SECTION 6-310. Increase in salaries.
The governing body shall not increase the salaries or other remuneration in any form of any officer or employee of the city during the fiscal year except by ordinance as finally adopted and approved on or before the last day of the third month of any fiscal year; how ever, normal salary increments as authorized by the city's pay plan and reclassification may be provided for, salaries for new offices or positions may be fixed, salaries may be reduced because of economic conditions, or positions may be abolished.
SECTION 6-311. Evidence of justice of claims.
Whenever a warrant or claim shall be presented to the chief financial officer, he or she shall have the power to require evidence that the amount claimed is justly due and for that purpose may summon before him or her any officer, agent, or employee of any department or other person and examine him or her upon oath or affirmation, relative to such warrant or claim, and may require the production of books and papers to be used as evidence before him or her.
Chapter 4. Procurement and Disposition of Property
SECTION 6-401. Contracting procedures.
(a) The governing body shall prescribe by ordinance or resolution the procedures to be fol lowed in the making of contracts which shall bind the city. The governing body is author ized to remedy present discrimination or the present effects of past discrimination by an affirmative action program which is in compliance with the Constitution and laws of the

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United States of America and the State of Georgia. All contracts shall be approved as to form by the city attorney. The mayor shall sign all contracts; however, the governing body may authorize the mayor by ordinance to designate another appropriate official to sign any type contract. The municipal clerk shall authenticate all contracts. The original of all con tracts shall be maintained on file in the office of the chief financial officer.
(b) Notwithstanding the foregoing, all contracts which bind the city and Fulton County jointly in accordance with the terms and conditions of a joint venture agreement for the construction and operation of a water treatment plant and appurtenances may be signed and approved by duly authorized officers of said joint venture, provided that sufficient funds for each such contract have been appropriated by the city and Fulton County.
SECTION 6-402. Purchasing procedures.
(a) The governing body shall prescribe by ordinance or resolution the procedures for all purchases of real and personal property by the city. The following alternative methods of securing contracts are hereby authorized, as set forth in and defined by ordinances cur rently effective or hereafter adopted or amended by the city council: competitive sealed bidding; competitive sealed proposals; small purchases not exceeding $20,000.00; solesource procurement; emergency procurement; and competitive selection procedures for pro fessional and consultant services. Awards of contracts shall be made to the most responsi ble and responsive firm which complies with the requirements of any existing minority and female business opportunity development plans as established by city ordinance. The terms "competitive bidding" and "most responsible and responsive firm" shall be defined to include compliance with the requirements of any minority and female business participa tion plan which has been implemented by city ordinance pursuant to:
(1) A finding by the city that such a plan is necessary to remedy the effects of prior pri vate and public discrimination in the procurement and contracting practices of the city;
(2) A requirement by federal law that the city maintain such a plan for purposes of re ceiving any federal grants or loans;
(3) A finding by a judicial tribunal that such a plan is necessary to remedy past or pres ent private and public discrimination in the procurement and contracting procedures of the city.
(b) In determining the most responsible and responsive firm, the purchasing and con tracting authority shall consider the following factors:
(1) The ability, capacity, and skill of the firm to perform the contract or to provide the services required;
(2) The capability of the firm to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the firm;
(4) The quality of performance of previous contracts or services;
(5) The previous and existing compliance by the firm with laws and ordinances relating to the contract or services;
(6) The sufficiency of the financial resources and ability of the firm to perform the con tract or provide the service;
(7) The compliance of the firm with the requirements of an equal employment opportu nity in contracting program as may be prescribed by ordinance;
(8) The compliance of the firm with the requirements of a minority and female business enterprise participation program as may be prescribed by ordinance;
(9) The quality, availability, and adaptability of the supplies or services to the particular use required;

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(10) The number and scope of conditions attached to the bid by the firm, if any; and
(11) Price.
(c) Any and all bids or proposals may be rejected when it is in the best interest of the city to do so; in addition to the foregoing, the governing body shall prescribe by ordinance the procedure for amending, modifying, or otherwise changing contracts and for authorizations for the purchase of goods, materials, supplies, equipment, and services. Prior to the mak ing of purchases and contracts, or amendments, modifications, or changes thereto, the availability of adequate funds shall be certified by the chief financial officer as provided by ordinance.
(d) Any and all competitive bids or proposals shall be sealed and shall be opened at the same time in a public place as directed by the council and remain open for public inspection.
(e) Contractual work related to any competitive sealed bid or proposal shall not be broken into components or parts so as to avoid the council's approval of awards or greater than $100,000.00.
(f) In exercising the power of purchasing and procurement provided for in Section 3-104 of this charter, the mayor shall adhere to the provisions within this charter and any ordi nance governing purchasing and procurement; provided, however, when the mayor pro poses to let a contract to one other than the lowest bidder or offerer or award a contract which has not been competitively procured, the contract shall be approved by the council prior to an award of contract. Any contracts awarded by the mayor pursuant to the powers provided in Section 3-104 of this charter and the provisions herein shall be reported monthly by the director of the bureau of purchasing and real estate to the president of the council and councilmembers.
(g) The governing body may prescribe different procedures for sales and other disposition of real and personal property acquired by the city pursuant to any approved application or amended application under Title I of the Housing and Community Development Act of 1974, as amended.
(h) The governing body may authorize different procedures for all purchases of real and personal property in connection with its joint venture with Fulton County for the construc tion and operation of a water treatment plant and appurtenances, provided that funds for each such purchase have been appropriated by the city and Fulton County.
(i) As used in this charter section, the word "firm" shall mean and include any individual, partnership, corporation, association, joint venture, or other legal entity authorized to do business in Georgia which desires to contract with the City of Atlanta.
SECTION 6-403. Sale and disposition of property.
The governing body shall prescribe by ordinance or resolution the procedures for all sales and other disposition of real and personal property by the city.
ARTICLE 7 Interim and General Provisions
SECTION 7-101. Officials; officers and employees.
(a) The current terms of office of all elected and appointed officials and officers of the city and its agencies, serving on the effective date of this charter, shall not be diminished and shall continue in full force and effect.
(b) The provisions of this charter establishing a residency requirement for appointed offi cials and employees shall not apply to those holding such appointed offices and positions prior to the effective date of this charter.

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SECTION 7-102. Existing ordinances and resolutions continued in effect.
Existing ordinances and resolutions of the City of Atlanta and existing rules and regula tions of departments and agencies thereof not inconsistent with the provisions of this char ter shall be effective as ordinances and resolutions of the council and rules and regulations of the appropriate department or agency thereof until they have been repealed, modified, or amended.
SECTION 7-103. Contracts and obligations.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Atlanta or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city.
SECTION 7-104. Transfer of certain provisions to the code.
(a) The provisions of Division 2 (Housing Commission), Chapter 4 (Boards and Commis sions) of Article 3 being deleted by this charter are hereby transferred to Part 8 of the code of ordinances.
(b) The provisions of Section 3-503 (Civil service board) being deleted by this charter are hereby transferred to Part 5, Chapter 2 of the code of ordinances.
(c) The provisions of Article VIII (Administrative Organization Ordinance) being deleted by this charter are hereby transferred to Part 2, Chapter 4 of the code of ordinances.
SECTION 7-105. Existing rights and interests.
(a) Any rights or interest, public or private, vested in whole or in part on the effective date of this charter, whose validity might be sustained or preserved by reference to any provi sions of law repealed by this charter, shall not be affected by this charter. This section shall not apply to any right or interest in any elective public office not conferred by this charter.
(b) Any rights or interests, public or private, derived from or which might be sustained or preserved in reliance upon action taken (including the adoption of ordinances or resolu tions) pursuant to or within the scope of any provisions of law repealed by this charter, shall not be affected by this charter.
(c) Neither the mayor, the council, nor other officers of the city shall have authority or power to sell, exchange, farm out, lease out, or in any way alien the property, easements, income, or other equipment, privileges, or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants, leases, or other forms of transfer in violation of this section are declared void and of no effect, as against the city, and any official voting therefor shall be deemed guilty of violating his or her duty and subject to impeachment and removal from office therefor; provided, however, that the provisions of this subsection shall not apply to the sale, exchange, or alienation of such articles or equip ment of said waterworks system as are worn out or useless or which for the betterment of the service can be advantageously substituted by new or improved machinery or equip ment; and provided, further, that the mayor and council or other officers above named are authorized to make exchanges of portions of said property whenever it is to the advantage of the city in order to secure better roads and approaches to from or around said property.
(d) The provision of Ga. L. 1951, pp. 529 et seq., 531 et seq., 537 et seq., 549 et seq., 3014 et seq., 3018 et seq., 3048 et seq. and 3057 et seq., protecting the pension rights in connection with the plan of improvement recommended by the local government commission (Ga. L. 1949, p.921), shall continue to apply to employees of counties, boards of education, and any

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other agencies designated in said Acts in the event of any future annexations of territory to the city.
(e) There shall be on the DeKalb County Board of Health to represent the city two mem bers, who shall be residents of that part of the city situated in DeKalb County, which mem bers shall be appointed by the council. The term of office of such members shall be four years and until their successors have taken office. The municipal clerk shall certify the names of the members thus appointed to the chairperson of the DeKalb County Board of Health. Vacancies for any cause shall be filled by appointment for the unexpired term by the council.
(f) No other municipality or town shall have any authority, although the land may be lo cated within its limits, to charge or exact any license fees or occupation taxes for the opera tion by the City of Atlanta of a landing field therein or for the operation or conduct of any business or occupation thereon. Nor shall such other municipality or town have any au thority to assess or collect any ad valorem tax against said land as against the City of Atlanta or otherwise where said city might be required to pay same, if held under lease; nor shall such other municipality or town have any authority to lay any improvements in, through, or along said property such as street paving, sidewalks, curbing, sewers, or other wise and assess and collect the cost thereof against said land if owned by the City of Atlanta or under lease contract by the City of Atlanta or otherwise where said city might be called upon to pay or discharge the same.
(g) The mayor, president of the council, and members of council shall receive as their an nual salaries such amounts being received as of the effective date of this charter until such amounts are changed by the council in accordance with the provisions of this charter.
SECTION 7-106. Section captions.
The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.
SECTION 7-107. Effect of repeals.
No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing act or by any provisions of this charter that disclaim an intention to repeal or affect enumerated laws.
SECTION 7-108. Severability of sections.
If any section, subsection, paragraph, sentence, clause, phrase, word, or provision of this charter, or the application thereof to any person or circumstance, should be declared inva lid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this charter, which shall remain in full force and effect; and to this end the provisions of this charter and the applications thereof are hereby declared to be severable. In the event any provision of this charter is declared invalid for any reason, then the provi sion pertaining to the same subject matter that existed in the prior charter of the City of Atlanta shall be in force and effect and applicable until repealed.
SECTION 7-109. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 7-110. Specific repeal of prior laws.
All laws and parts of laws in conflict with this charter are hereby repealed. The charter of 1973 (Ga. L. 1973, p. 2188) and all Acts amendatory thereof are hereby specifically repealed in their entirety except for those provisions of said charter and amendatory Acts thereof defining the boundaries of the City of Atlanta on the first Monday in January of 1974; and except for any other provisions of such charter specifically incorporated herein by reference and which are not in conflict herewith.
SECTION 7-111. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
CHARTER APPENDIX I COUNCIL DISTRICTS
City Council District Boundaries of the City of Atlanta, Georgia:
COUNCIL DISTRICT 1
BEGINNING at the intersection of Moreland Avenue and Glenwood Avenue; thence west along Glenwood Avenue to the CSX Railroad right-of-way; thence north along said Railroad right-of-way to Interstate 20; thence west along Interstate 20 to Boulevard Drive; thence north along Boulevard Drive to Memorial Drive; thence west along Memorial Drive to Kelly Street; thence south along Kelly Street to Glenwood Avenue; thence west one block along Glenwood Avenue to Connally Street; thence south along Connally Street to Georgia Ave nue; thence east along Georgia Avenue to Primrose Street; thence south along Primrose Street to Ormond Street; thence east along Ormond Street to Hill Street; thence south along Hill Street to its intersection with CSX Railroad right-of-way; thence southwesterly along said Railroad right-of-way to Pryor Street; thence south along Pryor Street to Claire Drive; thence southeasterly along Claire Drive to Shadydale Avenue; thence south along Shadydale Avenue to Lakewood Avenue; thence southwesterly along Lakewood Avenue to Macon Drive; thence southerly along Macon Drive to the South River; thence southeast along the South River to the City limits line; thence north along the City limits line and Moreland Avenue to the intersection of Glenwood Avenue, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 2
BEGINNING at the intersection of North Avenue and Moreland Avenue; thence west along North Avenue to Piedmont Avenue; thence north along Piedmont Avenue to 10th Street; thence west along 10th Street to Peachtree Street; thence north on Peachtree Street to 14th Street; thence west along 14th Street to State Street; thence south along State Street to Ferst Street; thence west, then south, then east along Ferst Drive to State Street, if ex tended; thence south along State Street, if extended, to North Avenue; thence southwest, then west along North Avenue to its intersection with Northside Drive; thence south, then southeast along Northside Drive to Simpson Street; thence east along Simpson Street to its intersection with the CSX/Southern Railroad right-of-way; thence south along said Rail road right-of-way to its intersection with Martin Luther King, Jr., Drive; thence west along Martin Luther King, Jr., Drive to Elliot Street, as extended, thence south along Elliot Street, as extended, to Nelson Street; thence southwest along Nelson Street to Walker Street; thence southwest along Walker Street to its intersection with Fair Street; then southeasterly, then east along Fair Street to Windsor Street; then south on Windsor Street to its intersection with the Southern Railroad right-of-way; thence southeasterly along said Railroad right-of-way to its intersection with the CSX Railroad right-of-way; thence north easterly along the CSX Railroad right-of-way to Hill Street; thence north along Hill Street to Ormond Street; thence west along Ormond Street to Primrose Street; thence north along

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Primrose Street to Georgia Avenue; thence west along Georgia Avenue to Connally Street; thence north along Connally Street to Fulton Street; thence west along Fulton Street to Martin Street; thence north along Martin Street to Fulton Street; thence west along Fulton Street to Capitol Avenue; thence north along Capitol Avenue to Martin Luther King, Jr. Drive thence northwest along Martin Luther King, Jr. Drive to Washington Street; thence northeast along Washington Street; thence northeast along Washington Street to the CSX/ Georgia Railroad right-of-way; thence southeast, then northeast along said railroad rightof-way to its intersection with Moreland Avenue; thence north along Moreland Avenue to North Avenue, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 3
BEGINNING at the intersection of North Avenue and the CSX/Southern Railroad right-ofway; thence northwesterly along said Railroad right-of-way to the intersection of the Southern/CSX Railroad right-of-way; thence south along said Railroad right-of-way to Proctor Creek; thence westerly along said Creek to the intersection of Proctor Creek and Francis Place; thence north along Francis Place to the intersection with Grove Park Place, thence west along Grove Park Place to the intersection with Hortense Way; thence south west along Hortense Way to its intersection with Hortense Place; thence west along Hor tense Place to the intersection of Elizabeth Place; thence south along Elizabeth Place to Baker Road; thence southwest along Baker Road to the intersection of Arlington Circle; thence north, then west, then south along Arlington Circle to the intersection at Baker Road; thence west along Baker Road to Hightower Road; thence south along Hightower Road to the CSX Railroad right-of-way; thence east along said Railroad right-of-way to its intersection with Anderson Avenue; thence south along Anderson Avenue to Martin Luther King, Jr. Drive; thence northeast along Martin Luther Martin Luther King, Jr. Drive to the intersect of Ashby Street; thence south along Ashby Street to the intersection of Fair Street; thence east along Fair Street to the intersection of Lawshe Street; thence north along Lawshe Street to Parsons Street; thence east on Parsons Street to Elm Street; thence south on Elm Street to Fair Street; thence east on Fair Street to Walker Street; thence northeast along Walker Street to Nelson Street; thence northeast on Nelson Street to Elliot Street; thence north along Elliot Street, as extended, to Martin Luther King, Jr. Drive; thence east along Martin Luther King, Jr. Drive to the CSX/Southern Railroad right-ofway; thence north along said Railroad right-of-way to its intersection with Simpson Street; thence west along Simpson Street to Northside Drive; thence northwest, then north along Northside Drive to North Avenue; thence east along North Avenue to the intersection of the CSX/Southern railroad right-of-way, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 4
BEGINNING at the intersection of Ralph David Abernathy Boulevard and Martin Luther King, Jr. Drive, thence southeast on Ralph David Abernathy Boulevard to the intersection on Cascade Avenue; thence southwesterly along Cascade Avenue to the intersection of Beecher Street; thence west along Beecher Street to the intersection of Rosemary Avenue; thence south along Rosemary Avenue to the intersection of Clearvue Terrace; thence west, then south, then southeast on Clearvue Terrace to Cascade Avenue, thence southwesterly along Cascade Avenue to Cascade Circle; thence southwest, then south along Cascade Cir cle to the intersection of Cascade Avenue; thence southwest along Cascade Avenue to Cen tre Villa Drive; thence south along Centre Villa Drive to Venetian Drive; thence east along Venetian Drive to Campbellton Road; thence east along a line, as extended, to Ingram Street; thence east along Ingram Street, as extended, to the intersection of Lee Street; thence northeast along Lee Street to the intersection of the CSX Railroad right-of-way; thence southeast, then northeast along said Railroad right-of-way to the intersection of the Southern Railroad right-of-way; thence northwest along said Railroad right-of-way to the intersection of Windsor Street, as extended; thence north along Windsor Street, as ex tended, to Fair Street; thence west, then northwest along Fair Street to Walker Street; thence south along Walker Street to Fair Street; thence west along Fair Street to Elm Street; thence north along Elm Street to Parsons Street; thence west on Parsons Street to

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Lawshe Street; thence south on Lawshe Street to Fair Street; thence west of Fair Street to Ashby Street; thence north on Ashby Street to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Ralph David Abernathy Boulevard, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 5
BEGINNING at the intersection of Capitol Avenue and Fulton Street; thence east on Fulton Street to Martin Street; thence south one block on Martin Street to Fulton Street; thence east on Fulton Street to Connally Street; thence north along Connally Street to Glenwood Avenue; thence east along Glenwood Avenue one block to Kelly Street; thence north along Kelly Street, as extended, to Memorial Drive; thence east along Memorial Drive to Boulevard Drive; thence south on Boulevard Drive to Interstate-20; thence east along Interstate-20 to the intersection of the CSX Railroad right-of-way; thence south along said Railroad right-of-way to the intersection of Glenwood Avenue; thence east along Glen wood Avenue to Moreland Avenue; thence south along Moreland Avenue to Vickers Street; thence following the City limit line in a northeasterly direction until its intersection with the CSX/Georgia Railroad right-of-way near the MARTA East Lake Station; thence west along the CSX/Georgia Railroad right-of-way to Washington Street; thence southwest along Washington Street to Martin Luther King, Dr. Drive; thence southeast along Martin Luther King, Jr. Drive to Capitol Avenue; thence south on Capitol Avenue to Fulton Street, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 6
BEGINNING at the intersection of 1-85 North and the City limits line (immediately south of Buford Highway); thence southwest along 1-85 to Peachtree Creek; thence southwesterly along Peachtree Creek to its intersection with the CSX Railroad right-of-way; thence south westerly, then southeasterly along said Railroad right-of-way to the intersection of Pied mont Avenue; thence southwesterly along Piedmont Avenue to the intersection of 14th Street; thence west along 14th Street to Peachtree Street; thence south along Peachtree Street to 10th Street; thence east along 10th Street to Piedmont Avenue, thence south along Piedmont Avenue to North Avenue; thence east along North Avenue to Moreland Avenue; thence south along Moreland Avenue to its intersection with the Georgia/CSX Railroad right-of-way; thence east along said Railroad right-of-way to the City limits line; thence northerly following the City limits line until its intersection with 1-85 North, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 7
BEGINNING at the intersection of Roswell Road and the City limits line; thence southerly along Roswell Road to Peachtree Road; thence southerly along Peachtree Road to its inter section with 28th Street; thence west along 28th Street to Ardmore Circle; thence south, then southwest, then west along Ardmore Circle to Tanyard Creek; thence south along said Creek to Interstate-75; thence southeast along Interstate-75 to its intersection with the Southern Railroad right-of-way; thence southwest along said Railroad right-of-way to its intersection with Mecaslin Street; thence south along Mecaslin Street to its intersection with 16th Street; thence east one block along 16th Street to State Street; thence south along State Street to its intersection with 14th Street; thence east along 14th Street to its intersection with Piedmont Road; thence northeast along Piedmont Road to its intersection with the Southern Railroad right-of-way; thence northwest, then northeast along said Rail road right-of-way to Peachtree Creek; thence northeast along said Creek to its intersection with Interstate-85 North; thence northeast along Interstate-85 North to the eastern City limits line; thence northerly following the eastern (north/south) City limits line to the northern (east/west) City limits line; thence westerly following the northern (eastAvest) City limits line to Roswell Road, which is the POINT OF BEGINNING.

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COUNCIL DISTRICT 8
BEGINNING at the intersection of the northern City limits line and Roswell Road; thence south along Roswell Road to the intersection of Peachtree Road; thence south along Peachtree Road to the intersection of 28th Street; thence west along 28th Street to the intersec tion of Ardmore Circle; thence south, then west along Ardmore Circle, as extended, to Tanyard Creek; thence southeasterly along Tanyard Creek to its intersection with 1-75; thence southeasterly along 1-75 to its intersection with the Southern Railroad right-of-way; thence southwesterly along said Railroad right-of-way to Mescalin Street; thence south along Mescalin Street to its intersection with 16th Street; thence east one block along 16th Street to the intersection of State Street; thence south along State Street to the intersection of Ferst Drive; thence west, then south, then east along Ferst Drive to State Street, if extended; thence south along State Street, if extended, to North Avenue; thence southwest along North Avenue to its intersection with the Southern Railroad right-of-way; thence northwesterly, then northeast along said Railroad right-of-way to its intersection with Howell Mill Road; thence north along Howell Mill Road to its intersection of 1-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along said Creek to its intersection with Bohler Road; thence north along Bohler Road to its intersection with Battleview Drive; thence westerly along said Battleview Drive as ex tended to Peachtree Creek; thence westerly along said Creek to its intersection with the western City limits at the Chattahoochee River; thence northerly along said western City limits line to its intersection with the northern (east/west) City limits line; thence easterly along the northern (easiest) City limits line to its intersection with Roswell Road, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 9
BEGINNING at the intersection of Peachtree Creek and the western City limits line at the Chattachoochee River; thence southwesterly along said City limits line to a point, which is the common Land Lot line between Land Lots 18 and 20 of the 14 FF District; thence south along said Land Lot line to Sandy Creek; thence east along Sandy Creek to its intersection with Waterford Road, thence southerly along said Road to its intersection with Baker Ridge Drive; thence easterly along Baker Ridge Drive to its intersection with Hightower Road; thence southeast along Hightower Road to its intersection with Baker Road; thence east along Baker Road to Arlington Circle; thence north, then east, then south along Arlington Circle; thence northeast along Baker Road to Elizabeth Place; thence northeast along Eliz abeth Place to its intersection with Hortense Place; thence east along Hortense Place to its intersection with Hortense Way, thence southeasterly, then northeasterly along Hortense Way to its intersection with Grove Park Place, then easterly along Grove Park Place to its intersection with Francis Place, then southerly along Francis Place to its intersection with Proctor Creek; thence northeasterly along said Creek to its intersection with the CSX Rail road right-of-way; thence northwest along said railroad right-of-way to the intersection of the CSX/Southern Railroad right-of-ways; thence southeasterly along said railroad rightof-ways to the T" track of the CSX/Southern railroad and Southern railroad; thence north east along the Southern railroad right-of-way to its intersection with Howell Mill Road; thence northerly along Howell Mill Road to its intersection with Interstate-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along Peachtree Creek to its intersection with Bohler Road; then along said Road to its intersection with Battleview Drive; then along said Drive as extended to its intersection with Peachtree Creek; thence westerly along said Creek to the western City limits line, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 10
BEGINNING at the intersection of Cascade Road and Lynhurst Drive; thence north, then northwesterly along Lynhurst Drive to Spreading Oak Drive; thence west along Spreading Oak Drive to Laurelmont Drive; thence north along Laurelmont Drive to Benjamin Mays Drive; thence southeast along Benjamin Mays Drive to Willis Mill Road; thence northerly

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along Willis Mill Road to Utoy Creek; thence southeast along said Creek to the common Land Lot line between Land Lots 203 and 182 of the 14th District; thence north along said Land Lot line to a point, which is the intersection of Land Lots 182, 203,181, and 204 of the 14th District; thence east along the common Land Lot line between Land Lots 181 and 182 of the 14th District to its intersection with Handley Avenue; thence north along Handley Avenue to a point, which is one-half block north of Westwood Avenue if Handley Avenue were extended; thence east from said point along the rear property lines of those properties fronting on the north side of Westwood Avenue to a point, which is one-half block west of the eastern Land Lot line of Land Lot 172 of 14th District; thence south from said point to a point on Westwood Avenue, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence east along Westwood Avenue to its intersection with South Gordon Street; thence southwest along South Gordon Street to Beecher Street; thence east along Beecher Street to Cascade Road; thence northeasterly along Cascade Road to Ralph Abernathy Boulevard; thence northwesterly along Ralph David Abernathy Boulevard to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Anderson Avenue; thence north along Anderson Avenue to the CSX Railroad right-ofway; thence westerly along said Railroad right-of-way to Hightower Road; thence north west along Hightower Road to Baker Ridge Drive; thence westerly along Baker Ridge Drive to its intersection with Waterford Road; thence northerly along said Road to its intersection with Sandy Creek; thence northwesterly along Sandy Creek to its intersection with Fulton Industrial Boulevard, the western City limits line; thence southwest, then westerly along the City limits line to the intersection of Mendel Drive and the City limits line; thence southeasterly following the City limits line to its intersection with Cascade Road; thence east along Cascade Road to its intersection with Lynhurst Drive, which is the POINT OF BEGINNING.
COUNCIL DISTRICT 11
BEGINNING at the intersection of Cascade Road and the City limits line, west of Kingsdale Road; thence following said City limits line in a westerly, then southerly, and then northeasterly direction until its intersection with Stanton Road; thence north along Stanton Road to Leslie Road; thence west on Leslie Road to Hadlock Street; thence north on Hadlock Street to Campbellton Road; thence west on Campbellton Road to Willowbrook Drive; thence north on Willowbrook Drive to Venetian Drive; thence west on Venetian Drive to Centre Villa Drive; thence north on Centre Villa Drive to Cascade Road; thence northeast along Cascade Road to Cascade Circle; thence northeast along Cascade Circle to Cascade Road; thence northeast along Cascade Road to Cascade Terrace; thence northwest along Cascade Terrace to Clearvue Terrace; thence northeast along Clearvue Terrace to Rosemary Avenue; thence north along Rosemary Avenue to Beecher Street; thence west on Beecher Street to South Gordon Street; thence north on South Gordon Street to the inter section of Westwood Avenue; thence west along Westwood Avenue to a point, which is onehalf block west of the intersection of Westwood Avenue and South Gordon Street; thence north to a point one-half block west of the eastern Land Lot line of Land Lot 172 of the 14th District; thence west from said point to a point, which is the one-half block north of Westwood Avenue, where Handley Avenue would intersect, if extended, thence south from said point along Handley Avenue to a point, which is the common Land Lot line between Land Lots 181 and 182 of the 14th District; thence west along said Land Lot line to a point, which is the intersecting point of Land lots 182, 203, 181 and 204 of the 14th District; thence south along the common Land Lot line between Land Lots 182 and 203 of the 14th District to Utoy Creek; thence northwesterly along said Creek to Willis Mill Road; thence south along Willis Mill Road to Benjamin Mays Drive to Laurelmont Drive; thence south along Laurelmont Drive to Spreading Oak Drive; thence east along Spreading Oak Drive to Lynhurst Drive; thence south along Lynhurst Drive to Cascade Road; thence west along Cascade Road to the western City limits line, which is the POINT OF BEGINNING; except that portion of unincorporated Fulton County which is located in Land Lots 29 and 30 of the 14 FF District.

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COUNCIL DISTRICT 12
BEGINNING at the intersection of the City limits line and Interstate-75 South at Mt. Zion Road; thence south along Interstate-75 to Central Avenue; thence northwesterly along Central Avenue to Convoy Drive; thence south along Convoy Drive, as extended, to the southern City limits line; thence east, then north along said City limits line to the South River; thence northwesterly along the South River to Macon Drive; thence northeast, then northwest along Macon Drive to Lakewood Avenue; thence northeast along Lakewood Ave nue to Shadydale Avenue; thence north along Shadydale Avenue to Claire Drive; thence west, then northwest along Claire Drive to Pryor Street; thence north along Pryor Street to the CSX Railroad right-of way; thence west, then northwest along said Railroad right-ofway to Lee Street; thence southwest along Lee Street to a point on Lee Street where In gram Street would intersect, if extended; thence west from said point along Ingram Street, as extended, to Campbellton Road; thence west along Venetian Drive to Willowbrook Drive; thence south along Willowbrook Drive to Campbellton Road; thence northeast one block along Campbellton Road to Hadlock Street; thence south along Hadlock Street to Leslie Avenue; thence east along Leslie Avenue to Stanton Road; thence south along Stanton Road to the City limits line; thence in a southeasterly direction following said City limits line to Interstate-75, which is the POINT OF BEGINNING; also included is that non-con tiguous portion of the City which lies in Land Lots 128 and 127 of the 14th District.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
*HB 1707:
The State and Local Governmental Affairs Committee offered the following amendment:
Amend HB 1707 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To provide for residents of specified ages a homestead exemption from certain ad valorem".
By striking lines 5 and 6 of page 1 and inserting in lieu thereof the following:
"to provide for all county residents a homestead exemption from certain ad valorem taxes for county purposes; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating".
By striking line 10 of page 2 and inserting in lieu thereof the following:
"(a) Each resident of Fayette County is granted an exemption on that person's homestead from all ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of such homestead.
(b) The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 5.
The exemptions granted by this Act shall be claimed and".
By striking lines 24 and 25 of page 2 and inserting in lieu thereof the following:
"The exemptions granted by this Act shall be in addition to any other homestead exemption from".

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By striking line 30 of page 2 and inserting in lieu thereof the following:
"The exemptions granted by this Act shall not apply to or".
By striking line 2 of page 3 and inserting in lieu thereof the following:
"The exemptions granted by this Act shall apply to all tax".
By striking line 19 of page 3 and inserting in lieu thereof the following:
"( ) Yes Shall the provisions of an Act be approved which provide a".
By striking line 23 of page 3 and inserting in lieu thereof the following:
"persons who are 62 or older and which provide".
By striking lines 29 through 39 of page 3 and inserting in lieu thereof the following: "and
'( ) YES Shall the provisions of an Act be approved which provide a homestead exemp( ) NO tion from Fayette County ad valorem taxes levied for county purposes in the
amount of $5,000.00 of assessed value?'
All persons desiring to vote for approval of Sections 2 and 3 of this Act shall vote "Yes," on the first ballot question, and those persons desiring to vote for rejection of Sections 2 and 3 of this Act shall vote "No." All persons desiring to vote for approval of Section 4 of this Act shall vote "Yes," on the second ballot question, and those persons desiring to vote for rejec tion of Section 4 of this act shall vote "No" on the second ballot question. If more than onehalf of the votes cast on the first ballot question are for approval of Sections 2 and 3 of this Act, then Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 of this Act shall become of full force and effect immediately. If more than one-half of the votes cast on the second ballot question are for approval of Section 4 of this Act, then Sections 1, 4, 5, 6, 7, 8, 9, and 10 of this Act shall become of full force and effect immediately. If the election is not conducted as provided in this section, Sections 1 through 10 of this Act shall not become effective. If Sections 2 and 3 of this Act are not approved, such sections shall not become effective. If Section 4 of this Act is not approved, Section 4 shall not become effective If Sections 2, 3, and 4 of this Act are not approved, Sections 1 through 10 of this Act shall not become effective. Any section of this Act which does not become effective shall be automatically repealed on the first day of January, 1997."
By striking line 2 of page 4 and inserting in lieu thereof the following:
"Except as otherwise provided in Section 11 of this Act, this".
By renumbering former Sections 5, 6, 7, 8, 9, 10,11, and 12 of this Act as Sections 6, 7, 8, 9, 10, 11, 12, and 13, respectively.
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 1863
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1863 by striking the quotation marks at the end of line 28 of page 1 and by inserting at the end of said line the following:
"The solicitor shall have been admitted to practice law in the State of Georgia for at least one year preceding the date he or she takes office and shall possess such other qualifica tions as are provided by Code Section 15-7-24 of the O.C.G.A.'"
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

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*HB 1879
The Senate State and Local Governmental Operations Committee offers the following amendment:
Amend HB 1879 by striking lines 17 and 18 of page 2 and inserting in lieu thereof the following:
"person shall be at least 21 years of age, a resident of the city of Hartwell for at least two years prior to the date of".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 1880
The State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1880 by striking from lines 23 and 24 on page 1 the following:
"following amounts of the assessed value of that homestead:",
and inserting in lieu thereof the following:
"amount of $20,000.00.".
By striking lines 25 through 29 on page 1.
By inserting on line 30 on page 1 before the word "value" the following:
"assessed".
By striking from lines 28 and 29 on page 3 the following:
"for 1997, $30,000.00 for 1998, and $40,000.00 for 1999 and following years".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 1745
Senators Balfour of the 9th, Day of the 48th and others offered the following amendment:
Amend HB 1745 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following:
"change the provisions relating to selection of board members, qualifications for members of the Merit System Board, and terms of appointment and vacancies; to change the provi sions relating to political".
By striking lines 15 and 16 of page 1 and inserting in lieu thereof the following:
"striking paragraphs (2), (3), and (4) of Section 3 of said Act and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as":
By deleting the quotation marks on line 18 and line 33 of page 1 and by adding between lines 17 and 18 of page 1 the following:
" '(2) Selection of board members. The governing authority shall select one candidate from each commissioner district for appointment to said board. The candidates shall be appointed to the county merit system board by the governing authority. When four members of the county merit system board have been selected in the manner set forth above, an election shall be called by the Gwinnett County Elections Board to select the fifth candidate for nomination to the county merit system board. Only those individuals who would fall within the category of classified employees of Gwinnett County shall have the right to vote for the fifth candidate to the merit system board. There shall be 30 days from the date the election is called by the elections board until the date the election shall be held. Any person desiring to have his or her name placed on the ballot must submit to the elections board a petition signed by at least 10 percent of the employees of Gwinnett

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county who would fall within the classification of classified employees as defined herein, at least ten days prior to the date of the election. In the event no individual receives over 50 percent of the votes cast in said election, there shall be an election held by the elec tions board within ten days of the date of the first election. A ballot shall be prepared by the elections board on which shall be placed the names of two individuals receiving the greatest number of votes cast. When a candidate is selected by the individuals who would fall within the class defined herein as classified employees, this individual shall be appointed to the merit system board by the governing authority as the fifth member of said board. The persons appointed to fill subsequent posts on the board shall be selected for appointment in the same manner as provided herein for the selection of the original members of the board.".

By adding following line 33 of page 1 the following:

"(4) Terms of appointment; vacancies. The governing authority shall appoint the original members of the board for staggered terms. The length of the terms of the original mem bers of the board shall be in the discretion of the governing authority, but shall not ex ceed four years. The person appointed from Commissioner District No. 1 shall fill Post No. 1 on the board. The person appointed from Commissioner District No. 2 shall fill Post No. 2 on the board. The person appointed from Commissioner District No. 3 shall fill Post No. 3 on the board. The person appointed from Commissioner District No. 4 shall fill Post No. 4 on the board. The person selected by the classified employees by the method set forth herein and appointed to the board shall fill Post No. 5 on the board. After the expiration of the terms of the members appointed to each respective post, the terms of members filling all subsequent posts shall be for four years. A vacancy in the membership of said board caused by a member's death, resignation, disqualification, or other condition shall be filled by appointment of the governing authority for the unexpired term of such member. No election is required to be held by the classified em ployees in order for the governing authority to appoint a person to fill an unexpired term for Post No. 5 on the board.'".

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Griffin
Guhl Harbison Hooks James
Johnson of 2nd Lamutt Land Langford Madden Marable
McGuire

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

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Those not voting were Senators:

Black Henson Hill

Johnson of 1st Kemp Ray (presiding)

Slotin Tanksley Thomas (excused)

On the passage of the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 372, HB 1502, HB 1707, HB 1863, HB 1879, HB 1880 and HB 1745, having received the requisite constitutional majority, were passed.
SB 372 and HB 1502, having received the requisite constitutional majority, were passed by substitute.
HB 1707, HB 1863, HB 1879, HB 1880 and HB 1745, having received the requisite constitutional majority, were passed as amended.
The following population bills, favorably reported by the committee as listed on the Senate Consent Calendar for General Population Bills, were read the third time and put upon their passage:

SENATE CONSENT CALENDAR
FOR GENERAL POPULATION BILLS Thursday, March 14, 1996
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 625 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
To create s system of traffic courts for each city of this state having population of 300,000 or more according to the United States decennial census of 1960 or any future census.

HB 843 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
To create county building authorities in certain counties with populations of 550,000 or more, so as to define the term "project"; to prohibit the issuance of bonds by such authority for purposes other than a project for a juvenile court facility; and for other purposes.

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*HB 1447 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
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 traffic ordinances committed within the terri torial jurisdiction of such cities, and for other purposes. (SUBSTITUTE)

*HB 1682 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relat ing to general provisions of local government law applicable to counties only, so a to provide procedures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county; and for other purposes. (SUBSTITUTE)

HB 1840 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
To fix the compensation of the board of commissioners of counties having a pop ulation of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; and for other purposes.

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Pursuant to Senate Rule 111, Senator Newbill of the 56th filed the following objection:

AS PROVIDED IN RULE 111, WE, THE UNDERSIGNED SENATORS HEREBY FILE AN OBJECTION TO HB 1840 WHICH IS ON THE CALENDAR FOR GENERAL POPULATION BILLS FOR TODAY:

/s/

Senator Newbill

56th

District /s/ ______Senator Abernathy______ 38th_________

District /s/ _______Senator Glanton_______ 34th_________

DATE

March 14, 1996

District

Pursuant to Rule 111, HB 1840 was placed at the top of the Rules Calendar for today.
The State and Local Governmental Affairs Committee substitute to the following bill was read and put upon its adoption:

*HB 1447:

A BILL
To be entitled an Act 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; to provide for the constitutional authority for this Act; to provide for legislative findings; to provide for jurisdiction; to pro vide for the qualifications, oath, compensation, restriction on the practice of law, and au thority of judges; to provide for appointments, vacancies in office, and removal and retirement of judges; to provide for the retention and terms of office of judges; to provide for a chief judge and a chief judge pro tempore and their related duties; to provide for hearings in open court and chambers; to provide for jurors and jury trials; to provide for the appoint ment, qualifications, and salaries of solicitors and assistant solicitors; to provide for the retention and terms of office of solicitors; to provide for appointment, qualifications, and compensation of a public defender and appointed counsel; to provide for the clerk, consta bles, bailiffs, investigators, and other court personnel; to provide for service of judges pro hac vice and solicitors and public defenders pro hac vice; to provide for service of senior judges; to provide for terms of court; to provide for the housing, facilities, and violation bureaus of such courts; to provide for a director; to provide for probation for probationers of such courts; to provide for criminal prosecutions and appeals; to provide for the disposition of fines and forfeitures; to provide for additional penalties and their disposition; to provide that any such court shall be a successor court to any current such court; to provide for transfer of cases and certain materials; to provide for the specific repeal of certain prior statutes relating to such courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Establishment.
Pursuant to the provisions of Article VI, Section I of the Constitution of the State of Georgia, as amended, and the provisions of that constitutional amendment authorizing the General Assembly to create a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act

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No. 81; H.R. 167-510; Ga. L. 1967, p. 963), which constitutional amendment was specifi cally continued in force and effect on and after July 1,1987, as a part of the Constitution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4820), there is hereby established in each city of this state having a population of 300,000 or more accord ing to the United States decennial census of 1990 or any future such a court to be known as the city court of such city. Such courts shall be considered courts of record and shall have a seal of appropriate design prescribed by the governing authority of each city; and the min utes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render nec essary, be kept in and for such courts.
SECTION 2.
Legislative determination.
It is hereby declared as a matter of legislative determination:
(1) That the problem of the enforcement of the criminal laws and ordinances involving the operation or ownership of motor vehicles upon the streets and highways of the state is particularly acute in areas where there are densely concentrated populations;
(2) That such traffic laws and regulations may be enforced more effectively, efficiently, and justly by the creation of courts specifically designed for such service in congested areas; and that such courts are state courts of limited jurisdiction.
(3) That the provisions of this Act will promote the general defense and public welfare.
SECTION 3.
Jurisdiction.
Each such court shall have jurisdiction coextensive with the territorial limits of the city in which it is located over:
(1) All crimes and offenses under the laws of the state relating to and regulating traffic, and all other crimes and offenses arising out of the same occurrence as such traffic offense, not above the grade of misdemeanor and not exclusively cognizable in the superior courts; provided, however, no defendant shall be tried on a misdemeanor charge in any county except where the alleged offense was committed.
(2) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic, and all other offenses against laws and ordinances of such city arising out of the same occurrence as such traffic offense. Punishment for such offenses shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city.
SECTION 4.
Judges; qualifications; oath; compensation; restriction on practice of law.
(a) There shall be a chief judge of each such court and such number of judges as may be necessary to conduct the business of the court.
(b) Each judge shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in which he or she is selected to serve, shall have been a resident of the state for at least three years next preceding the beginning of his or her term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for at least five years. Any judge holding office in such courts on the effective date of this Act but not a resident of the city as provided herein shall be eligi ble for retention in office as provided herein.
(c) Before discharging his or her duties, each judge shall take the same oath as judges of the superior courts.
(d) The annual salaries of the chief judge and of each judge shall be fixed by the governing authority of each city. However, the annual salaries of the chief judge and judges shall be

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no less than 90 percent of the annual salaries of the judges of the state court within the territorial jurisdiction of said court.
(e) A full-time judge of such courts shall not engage in the private practice of law or hold any other public office or office in any political party. Any person appointed a judge pro hac vice pursuant to the provisions herein may engage in the private practice of law in other courts but may not practice in his or her own court, appear on any matter as to which that judge has exercised jurisdiction, qualify for or hold any other public office, or hold an office in any political party.
SECTION 5.
Vacancies; method of appointment; removal; retirement.
(a) In the event of a vacancy in office of a judge of the court for any cause, the mayor shall fill such vacancy by appointing one of three qualified persons nominated by a judicial nomi nating commission constituted for the purpose of nominating city court judges in the terri torial jurisdiction. All members of such commission shall reside within the city where such court is located. If such a commission does not exist within the territorial jurisdiction, the mayor shall appoint one of three qualified persons nominated by the judges of the superior court having territorial jurisdiction in the county where such court is located. Each judge so appointed shall hold office for a term ending with the regular city election following the date of appointment.
(b) Judges of a city court shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, paragraphs VI and VII of the Constitution of the State of Georgia.
SECTION 6.
Retention of judges; term of office; failure to be retained.
(a) A judge of such court who shall desire to retain judicial office for a succeeding term shall file, with the municipal clerk not more than 90 days nor less than 60 days prior to each regular municipal election prior to the expiration of the judge's then term of office, a decla ration of intent to run for another term.
(b) Upon the filing of the above declaration, a question shall be placed upon the appropriate ballot of such election within the territorial jurisdiction of the court as follows:
"Shall Judge (Name of judge) of the (Name of the city) City Court be retained in office?
______ Yes, to retain
______ No, against retention."
(c) As of the November, 1997, regular municipal elections in the territorial jurisdiction where such courts are located, if a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Mon day in January following each such election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions of this Act.
(d) Any judge failing to be retained by electors shall be ineligible for appointment to any such court for a period of four years.
SECTION 7.
Chief judge--selection; chief judge pro tempore; duties.
(a) The judges of each such court shall elect by majority vote a chief judge from one of their number for a term of two years. The chief judge may succeed himself or herself for succes sive terms. A majority vote of all judges, including the chief judge, shall be required to remove an incumbent from the office of chief judge. In case of illness or temporary absence

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or incapacity of the chiefjudge, the judges shall select by majority vote one of their number to act as chief judge pro tempore.
(b) If no chief judge has been elected within 30 days after the creation of a vacancy, the judge senior in length of continuous judicial service on such court shall be ex officio chief judge.
(c) The chief judge of the court shall be responsible for the general superintendence of the business of the court. He or she shall promulgate all rules necessary for the supervision, conduct, and administration of said court, including but not limited to the following: deter mine the number of divisions into which the court shall be divided and assign the judges or judges pro hac vice to duty therein; prescribe the days and hours for the sessions of the various divisions of the court; prescribe the form and manner for the preparation and keep ing of such calendars, dockets, and records of such court; call and preside at meetings of the judges of the court; require such reports from the judges, judges pro hac vice, solicitor, clerk, and other court personnel as deemed necessary and proper; prepare and submit the budget of said court to the mayor and city council and other appropriate departments, com mittees, and agencies; and perform other such duties as required by law.
SECTION 8.
Authority of judges generally.
The judges of such courts shall have the same authority as judges of the superior courts to:
(1) Compel the production of books, papers, and other documentary evidence in the pos session of any party;
(2) Enforce obedience to their orders, judgments, and sentences with the same authority as judges of superior courts;
(3) Compel the attendance of witnesses or all parties necessary to proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other processes in cases within its jurisdiction;
(4) Punish those in its presence for contempt by fines not exceeding $500.00 or by impris onment not exceeding 20 days or both;
(5) Establish bail and forfeit bonds with the same authority as the judges of superior courts, except such bonds as may by law only be set by judges of superior courts;
(6) Administer oaths and exercise all other powers necessarily appertaining to their ju risdiction or which may be granted them by law;
(7) Issue criminal warrants either on their own knowledge or on information given under oath;
(8) Suspend or revoke the driver's license of any person found guilty of the violation of such traffic laws and ordinances;
(9) Probate, revoke, amend, remit, modify, alter or suspend sentences imposed;
(10) Take affidavits and attest other papers; and
(11) Such other powers and duties as shall be provided by law.
SECTION 9.
Hearings on merits in open court; other proceedings allowed in chambers.
All trials and preliminary hearings on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judges of such courts may hear motions and enter orders in all cases pending in the court over which he or she presides in open court or chambers. The proceedings after information, accusation, uniform traffic citation, or summons shall conform to the rules governing like proceedings in superior courts.

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SECTION 10.
Jurors; jury trials.
(a) All laws with reference to the number, composition, qualifications, impaneling, chal lenging, and compensation of jurors in state courts within the territorial jurisdiction of such courts shall apply to and be observed by each such courts.
(b) In all instances where an accused has a right to a trial by jury, the judges of any such courts shall adhere to the practices and procedures of state courts.
SECTION 11.
Solicitors; appointment; qualifications; assistants; prohibition on practice of law; salaries; budget.
(a) There shall be a solicitor of such courts and as many assistant solicitors for each of such courts as there are regular judges. Each solicitor and assistant solicitor shall take the same oath and perform the same duties as solicitors of the state courts, as far as applicable to and not inconsistent with this Act.
(b) The solicitors of each court shall be appointed and retained in the same manner as provided for judges within this Act.
(c) Each solicitor shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in which he or she is selected to serve, shall be at least 25 years of age, and shall have been admitted to practice law in the State of Georgia for at least five years.
(d) Assistant solicitors shall be appointed by each solicitor and serve at his or her discre tion. Each person so appointed shall have been admitted to practice law in the State of Georgia.
(e) Any full-time solicitors and assistant solicitors may not engage in the private practice of law. A part-time assistant solicitor of such courts may engage in the private practice of law but may not practice or appear in any matter as to which he or she has exercised jurisdiction.
(f) The annual salary of the solicitor and the annual salary of each assistant solicitor shall be fixed and determined by the governing authority of the city payable as provided by the governing authority for other employees within the city.
(g) The solicitor shall prepare and submit an annual budget for his or her office to the mayor and city council within the territorial jurisdiction.
SECTION 12.
Public defender; appointment; qualifications; prohibition on practice of law; compensation; budget.
(a) Any such courts shall provide for the representation of indigent defendants by a public defender's office.
(b) The public defender shall be appointed in accordance with the provisions of subsection (a) of Section 5 of this Act. The provisions relating to the qualifications, appointment of assistants, prohibition on the private practice of law, compensation, and budget of the solic itor in Section 11 of this Act shall apply to the public defender. Any person appointed public defender shall be appointed to a four-year term of office and shall serve until a suc cessor is duly appointed and qualified in accordance with the provisions of this Act.
SECTION 13.
Investigators.
There shall be not less than one investigator for each of such courts, each of whom shall be appointed by and serve at the discretion of the solicitor.

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SECTION 14.
Clerk and other court personnel; prohibition.
(a) There shall be a clerk of each such court, as many deputy clerks as there are regular judges, and such clerical assistants as the judges determine necessary for the efficient oper ation of the court. The clerk, deputy clerks, and clerical assistants shall be appointed by the judges of each such courts in conference and shall serve at their discretion. Any person appointed clerk shall be a resident of the city in which such court is located during his or her term of office. However, the residency requirement herein shall not apply to any person holding the position of clerk, but not a resident of the city, on the effective date of this Act.
(b) The clerk, deputy clerks, and clerical assistants shall have the same powers and duties as like officers of the superior courts, as far as applicable to and not inconsistent with this Act. Each clerk and deputy clerk shall be responsible for all moneys collected and shall give bond for the faithful discharge of his or her duties in such amount as may be fixed by the governing authority of each of such cities.
(c) The clerk shall further submit to the chief judges of such courts recommendations for improving the efficiency and operation of the court; assist the chief judges in the prepara tion of budgeting and fiscal reports and documents as may be necessary for the proper operation and maintenance of the court; maintain and keep the seal of such courts; and perform such other duties as may be required by law or the chief judge.
(d) The clerk and court personnel as provided herein are prohibited from practicing law in their own or another's name, as a partner or otherwise, in any court except in their own case.
SECTION 15.
Bailiffs.
There shall be as many bailiffs for each of such courts as there are regular judges. Each bailiff shall be appointed by and serve at the discretion of the judges in conference, shall attend all sittings of the court, and shall perform such other duties as may be prescribed by the judges.
SECTION 16.
Constables.
The constables of each of such courts shall be the sheriffs and deputy sheriffs of the several counties of this state and the chief of police and the regularly elected and qualified mem bers of the police department of each city, each of whom shall serve all processes and orders to them directed.
SECTION 17. Service by judges pro hac vice.
Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the business of the court, the chief judge may appoint one or more attorneys at law to act as judge pro hac vice. Any person appointed judge pro hac vice shall possess the same qualifications as required for judges within this Act. Each judge pro hac vice while serving as such shall have all the powers and authority of a judge.
SECTION 18.
Service by senior judges.
(a) The office of senior judge of such court is created. Any judge, chief judge, or judge of any such court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a senior judge on the effective date of such retirement.

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(b) Senior judges may be called upon to serve as judges of such court when a regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as additional or substitute judge. Such senior judge shall have all the power and authority when so designated or assigned as a judge of such court. Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of such court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of such court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not di minish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.
SECTION 19.
Solicitors and public defenders pro hac vice.
(a) The solicitors shall appoint solicitors pro hac vice as needed by such courts, and as provided by the governing body of each city, to act in the event of emergency or necessity except as provided herein.
(b) The chief judge of any such courts shall appoint solicitors pro hac vice or public defend ers pro hac vice when there is a conflict of interest associated with the office of the solicitor or public defender. For the appointment of a solicitor pro hac vice or public defender pro hac vice, the solicitor or public defender shall make a written request to the chief judge or file a motion before the court setting out the nature of the conflict of interest.
SECTION 20.
Terms of court.
Each court shall have two terms of six months, each term to be designated by the name of the month in which the term begins and shall also have such adjourned terms as the chief judge may prescribe. Two or more sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide.
SECTION 21.
Housing and facilities for courts.
Each court shall sit at such places within the city as the governing authority shall provide. However, the governing authority of each city shall provide adequate courtrooms, offices, equipment, and other facilities necessary for the operation of each of such courts.
SECTION 22.
Violation bureau; director.
(a) The governing authority of each city may provide a violation bureau for the payment of fines for violations of traffic ordinances of the city without offenders being required to make an appearance in court. The fines for such offenses shall be in accord with a schedule of fines determined by the chief judge. However, such procedures shall not be available for violations involving accident or driving while under the influence of intoxicants, whether or not an accident occurs.
(b) There shall be a director of the violation bureau who shall be appointed by and serve at the pleasure of a majority of the judges.
SECTION 23.
Probation.
When such courts are located in counties having a county probation system where the pro bation officers are functioning and deemed to be the same as circuit probation officers

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under the provisions of Article 2 of Chapter 8 of Title 42 of the O.C.G.A., the "State-wide Probation Act," probationers from such courts shall be supervised by the county probation system. The expense of supervising such probationers shall be paid by such cities out of the moneys collected as fines and forfeitures.
SECTION 24.
Criminal prosecutions.
Criminal prosecutions in such courts may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department.
SECTION 25.
Appellate review.
The orders, verdicts, judgements, and sentences of such courts shall be subject to appellate review in accordance with the provisions of general law:
(1) By the appropriate appellate court of this state in misdemeanor cases; and
(2) By writ of certiorari in the appropriate superior court in all other cases.
SECTION 26.
Fines and forfeitures; priority in distribution.
Except as provided in Sections 27 and 28 of this Act, all moneys arising from fines or for feitures imposed and collected in such courts shall be paid into the treasury of the respec tive cities and shall be used first to cover the housing facilities, equipment, personnel and personnel training, and other costs necessary for the administration of such courts. Any remaining funds shall be used to defray the expenses associated with the enforcement of laws and ordinances relating to and regulating traffic.
SECTION 27.
Additional penalty.
(a)(l) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance there shall be imposed as an additional penalty a sum not to exceed $3.00.
(2) At the time of posting bail or bond in any traffic case before a court under this section, an additional sum not to exceed $3.00 shall be posted. In every traffic case in which a court under this section orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section.
(b) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in paragraphs (1) and (2) of subsection (a) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected shall be distributed by the finance department of the city served by the traffic court created by this Act. One-third of the funds collected shall be distributed to the court created by this Act in support of the Victims and Witnesses Assistance Program operated by the chief judge of such court. Two-thirds of the funds collected under this Act shall be distributed by the city finance department to the crime commission serving such city, in support of the Victims and Witnesses Assistance Program operated by the crime commission in the municipal court of said city. Budgets for each of the Victims and Witnesses Assistance Programs named in this section shall be submitted to the finance committee of the city council for review and approval of the distribution of the funds. An annual report to the governing authority of the city served by the traffic court created by this Act of the moneys received by each recipient of these funds shall be made by

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the chief judge of each court in which a Victims and Witnesses Assistance Program is sup ported by the funds collected under this section.
(c) Except as otherwise provided in subsection (b) of this section and except as otherwise provided in Section 28, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective city served by the court and shall be used exclusively to defray the expense of operating such courts and the enforce ment of the laws and ordinances relating to and regulating traffic.
SECTION 28.
Additional penalty.
(a)(l) In every case in which such courts shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordi nance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in Sections 26 and 27 of this Act.
(2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which such courts shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any sums provided for in paragraph (2) of subsection (a) of Section 27 of this Act.
(b) Such sums required by subsection (a) of this section and Section 27 of this Act shall be in addition to that amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers' Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Georgia.
(c) The sums provided for in subsection (a) of this section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the city in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the gov erning authority into a special account to be known as the "city jail fund."
(d) Any person whose duty it is to collect and remit the sums provided for in this Act who fails or refuses to remit such sums by the date required by this Act shall be guilty of a misdemeanor.
(e) Moneys collected pursuant to this section and placed in the city jail fund shall be ex pended by the governing authority of the city solely and exclusively for constructing, oper ating, and staffing city jails, city correctional institutions, and city detention facilities with other cities, counties, the state, or other political subdivisions. The city jail fund and mon eys collected pursuant to this Act to be placed in the city jail fund may be pledged as secur ity for the payment of bonds issued for the construction of city jails, city correctional institutions, and city detention facilities. This section shall not preclude the appropriation or expenditure of other funds by the governing authority of any city or by the General Assembly for the purpose of constructing, operating, or staffing city jails, city correctional institutions, and city detention facilities.
SECTION 29.
Continuance of certain courts; transfer of cases.
Any such court or system of courts created and in existence pursuant to an Act Approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is continued in existence, but on and after the effective date of this Act shall be constituted as provided in this Act. All cases and

1476

JOURNAL OF THE SENATE

matters that are pending in such court or system of courts shall be transferred to the court created under this Act. All records, books, and documents relating to such cases or prior cases shall be transferred likewise.
SECTION 30. Specific repealer.
An Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000 by the Federal Census of 1960, or any future Federal Census, giving to such courts jurisdiction to try offenses against the traffic laws of this State and offenses against traffic ordinances committed within the terri torial jurisdiction of such cities, approved April 21, 1967 (Ga. L. 1967, p. 3360), and all amendatory Acts thereto, are repealed in their entirety.
SECTION 31. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the committee substi tute to HB 1447 was adopted.
The State and Local Governmental Operations Committee substitute to the following bill was read and put upon its adoption:
*HB 1682:

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 of local government law applicable to counties only, so as to provide procedures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organiza tions with activities in the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions of local government law applicable to counties only, is amended by striking Code Section 36-1-19, relating to appropriations for charitable grants or contributions in coun ties with more than 550,000 population, and inserting in lieu thereof the following:
"36-1-19.

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THURSDAY, MARCH 14, 1996

1477

SECTION 2.

Said chapter is further amended by adding immediately preceding Code Section 36-1-20, relating to ordinances for governing and policing of unincorporated areas of a county, a new Code section to read as follows:
"36-1-19.1.

(a) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authori ties of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, in stitution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution.
(b) In connection with the appropriation of money for or the making of any grant or con tribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions.
(c) Appropriations, grants, and contributions made pursuant to this Code section shall be in the form of contracts for services.
(d) For the purpose of this Code section, 'purely charitable purposes' shall mean charita ble, benevolent, or philanthropic purposes for health, education, social welfare, arts and humanities, environmental or organizations.
(e) No funds may be appropriated, granted, or contributed hereunder for a purpose which is in violation of the laws of this state; provided, however, that this subsection shall not be interpreted to prohibit a good faith expenditure of funds for purposes authorized by law."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the committee substi tute to HB 1682 was adopted.
The report of the committee, which was favorable to the passage of the bills as reported was agreed to.
On the passage of the bills, except HB 1840, on the 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 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 Lamutt Land Langford

Madden Marable McGuire Middleton
Newbill Oliver
Perdue Pollard Ragan Ralston
Scott Starr
Stokes Taylor Thompson Turner

1478

JOURNAL OF THE SENATE

Tysinger Walker

Those not voting were Senators:

Johnson of 1st Kemp

Ray (presiding) Slotin

Tanksley Thomas (excused)

On the passage of all the population bills, except HB 1840, the yeas were 50, nays 0.
All the bills, except HB 1840, on the Consent Calendar for General Population Bills, having received the requisite constitutional majority, were passed.
The following uncontested resolutions of the House, favorably reported by the commit tee as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption:

GENERAL CONSENT CALENDAR for
Commemorative Resolutions
Thursday, March 14, 1996 THIRTY-EIGHTH LEGISLATIVE DAY

HR 804 J. Max Cheney Memorial Bridge; designate (Trans--4th) Barnard--154th HR 805 Southern Highroads Scenic Highway; designate (Trans--50th) Twiggs--8th HR 817 Morrison Moore Connector; designate (Trans--50th) Whitaker--7th HR 819 Buford C. Gilliard Bridge; designate (Trans--19th) Streat--167th HR 825 Dr. John H. Owen Intersection; designate (Trans--50th) Whitaker--7th HR 883 John E. Quillian Highway; designate (Trans--49th) Rogers 20th HR 901 General William A. Holland Parkway; designate (Trans--54th) Mann--5th HR 969 Kirby Park, Sr., Memorial Bridge; designate (Trans--54th) Lifsey--6th HR 982 Downing E. Musgrove Causeway; designate (Trans--3rd) Coleman--142nd HR 1003 T.C. Hallman Memorial Bridge; designate (Trans--25th) Channell--lllth HR 1004 Gregory Bridge; designate (Trans--25th) Channell--lllth HR 1005 Hamilton E. Holmes Drive; designate (Trans--36th) McKinney--51st HR 1016 Jimmy Lee Smith Parkway; designate (Trans--31st) Watts--26th HR 1039 "O. H. Banks Memorial Bridge"; redesignation (Trans--53rd) Jenkins--110th HR 1040 "E. Clyde Kelly Memorial Bridge"; redesignation (Trans--25th) Jenkins--110th HR 1041 Robert W. Pollard, Sr., Bridge; change from Kiokee Creek Bridge (Trans--24th)
Harbin--113th HR 1073 Daniel Warnell Lee Memorial Bridge; designate (Trans--6th) Smith--169th HR 1109 Lewis C. Adams Jr., Bridge; designate (Trans--53rd) Streat--167th
The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.

THURSDAY, MARCH 14, 1996

1479

On the adoption of the resolutions on the General Consent Calendar for Commemora tive Resolutions, a roll call was taken and the 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 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Hooks Ray (presiding)

Slotin Thomas (excused)

On adoption of the resolutions, the yeas were 52, nays 0.
The resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted.
The following resolutions, favorably reported by the committee as listed on the Senate Rules Calendar for Compensation Resolutions, were read the third time and put upon their adoption:
Senator Perdue of the 18th asked unanimous consent that one roll call suffice on the Calendar for Compensation Resolutions, unless any Senator designated any resolution to be voted on individually. The consent was granted.

SENATE RULES CALENDAR

COMPENSATION RESOLUTIONS

HR 447
*HR 876 *HR 884 HR 887 HR 973 HR 1006 HR 1017

Edwin C. Chastain
Sylvia A. Cone (Amendment $277.86) Margaret C. Ritchie (Amendment $1,832.00) Sharon L. Nobles Terry Wanzer Emmitt T. Lowery, Jr. Nathaniel A. Blakney

$ 604.80
7,500.00 5,000.00
200.00 100,000.00
2,433.00 1,072.33

TOTAL $ 116,810.13

Senator Madden of the 47th asked unanimous consent that HR 973 on the Compensa tion Calendar be voted on separately. The consent was granted.

Senator Starr of the 44th asked unanimous consent that HR 1017 on the Compensa tion Calendar be voted on separately. The consent was granted.

1480

JOURNAL OF THE SENATE

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

*HR 876:

The Senate Committee on Appropriations offered the following amendment:
Amend HR 876 by striking on Page 1 Line 15 and Line 21 '$7,500.00' and inserting in lieu thereof "$277.86".
On the adoption of the amendment, the yeas were 52, nays 0, and the committee amendment to HR 876 was adopted.
The amendment to the following resolution was put upon its adoption:

*HR 884:

The Senate Committee on Appropriations offered the following amendment:
Amend HR 884 by striking on Page I Line 18 and Line 24 '$5,000.00' and inserting in lieu thereof "$1,832.00."
On the adoption of the amendment, the yeas were 52, nays 0, and the committee amendment to HR 884 was adopted.
The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.
On the adoption of all the resolutions except, HR 973 and HR 1017, on the Senate Rules Calendar for Compensation Resolutions, a roll call was taken, and the 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 2nd Johnson of 1st Kemp Lamutt Land
Langford Madden

Farrow

Marable McGuire Middleton
Newbill Oliver
Perdue Pollard
Ragan Ralston
Scott Starr Stokes Taylor Thompson Turner
Tysinger Walker

Those not voting were Senators:

Ray (presiding) Slotin

Tanksley Thomas (excused)

On the adoption of the resolutions, the yeas were 52, nays 0.
All resolutions on The Compensation Calendar except, HR 876, HR 884, HR 973 and HR 1017, having received the requisite constitutional majority were adopted.
HR 876 and HR 884, having received the requisite constitutional majority, were adopted as amended.
The following resolution, having been removed from the Compensation Calendar ear lier, was put upon its adoption:

THURSDAY, MARCH 14, 1996

1481

HR 973. By Representative Barnes of the 33rd:

A resolution compensating Mr. Terry Wanzer.

Senators Thompson of the 33rd, Tanksley of the 32nd and others offered the following amendment:
Amend HR 973
by striking on page 2 line 13 in its entirety and adding in its place: Georgia That The Department of Corrections Is,
And by adding on page 2 line 19 a new sentence to read as follows: This sum shall be paid on or after July 1st 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 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 Cheeks Crotts Day Dean Edge Farrow Gillis

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

McGuire Middleton Newbill Oliver Perdue Pollard Scott Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Clay Egan Hill

James Ragan Ralston

Ray (presiding) Slotin Thomas (excused)

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following resolution, having been removed from the Compensation Calendar ear lier, was put upon its adoption:

HR 1017. By Representative Holland of the 157th:
A resolution compensating Mr. Nathaniel A. Blakney.
Senator Starr of the 44th offered the following amendment: Amend HR 1017 by inserting on line 1 of page 1 after the word "Blakney" the words "and Mr. Robert Daniel Hughes".

1482

JOURNAL OF THE SENATE

By inserting between lines 13 and 14 of page 1 the following:
"WHEREAS, Mr. Robert Daniel Hughes was a student at Kennesaw State College located at 3455 Frey Lake Road, N.W., in Kennesaw, Georgia, at the time of the injury which is subject to resolution; and
WHEREAS, in the fall of 1994, Mr. Hughes was enrolled in physical education course re quired for graduation from the college; and
WHEREAS, on October 27, 1994, Mr. Hughes injured his right knee during this physical education course, by lifting 297 pounds of weight, which was 24 pounds over the maximum indicated for his amount of body weight, which injury required corrective surgery; and
WHEREAS, a physical education instructor employed by Kennesaw State College directed and supervised the amount of weight lifted by Mr. Hughes during this course session; and
WHEREAS, Mr. Hughes suffered personal injury to his knee in the amount of $2,826.46; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Hughes, and it is only fitting and proper that he be compensated for his loss."
By inserting on line 16 before the words "as compensation" the following "to Mr. Blakney".
By inserting after line 20 of page 1 the following:
"NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is authorized and directed to pay the sum of $2,826.46 to Mr. Hughes as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence."
On the adoption of the amendment, Senator Starr of the 44th called for the yeas and nays. The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Blitch Bowen Broun of 46th Cagle Dean Gillis
Glanton Harbison
Henson

Hooks
James Johnson of 2nd Johnson of 1st Kemp Madden Marable
Middleton Oliver

Perdue
Ragan Scott Starr Stokes Taylor Thompson
Turner Walker

Those voting in the negative were Senators:

Balfour Boshears Burton Cheeks Clay Crotts Day

Edge Farrow Gochenour Griffin Guhl Lamutt Langford

McGuire Newbill Pollard Ralston Tanksley Tysinger

Those not voting were Senators:

Black Brown of 26th Egan

Hill Land Ray (presiding)

Slotin Thomas (excused)

On the adoption of the amendment, the yeas were 28, nays 20, and the Starr amend ment was adopted.

THURSDAY, MARCH 14, 1996

1483

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 Black Blitch Boshears Bowen Broun of 46th Cheeks Crotts Dean Edge Gillis Glanton Gochenour

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

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

Those voting in the negative were Senators:

Balfour Burton Cagle

Clay Day Farrow

Guhl Newbill

Those not voting were Senators:

Brown of 26th Egan Kemp McGuire

Ralston Ray (presiding) Slotin

Stokes Thomas (excused) Walker

On the adoption of the resolution, the yeas were 38, nays 8.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SENATE RULES CALENDAR
Thursday, March 14, 1996 THIRTY-EIGHTH LEGISLATIVE DAY

HB 1580 Marriage; redefine (Substitute) (S Judy--27th) Crews--78th
HB 1290 Motor vehicle emission inspections; amend provisions (Amendment) (Nat R-- 28th) Jamieson--22nd
HB 1788 Discharge of pollutants in state waters; Board of Natural Resources regulations (Substitute) (Judy--54th) Hanner--159th
HB 1647 Retail installment/home solicitation; clerical errors; penalties (Substitute) (F&PU--20th) Watson--139th
HB 1328 Council for Welfare Administration; create (Amendments) (H&HS--19th) Snow--2nd (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1996.)

HB 1330 Dentists or dental hygienists; teachers' licenses (H&HS--22nd) Childers--13th

1484

JOURNAL OF THE SENATE

HB 1278 Common-law marriage; prohibit; exception (Substitute) (S Judy--2nd) Mobley--69th
HB 1518 Elections; amend provisions (Substitute) (Ethics--54th) Holmes--53rd
HB 1493 Examining boards; frivolous appeals; notification of felony convictions (Judy-- 42nd) Skipper--137th
HB 1192 Annexation; substantial revision of provisions (SLGO--G--10th) Royal--164th
HB 1046 Employees' Retirement; credit; certain part-time legislative branch service (Ret--38th) Cummings--27th
HB 1582 Barbers and cosmetologists; technical schools; registration (H Ed--4th) Godbee--145th
HB 1403 Hotel-motel tax; county and municipal levies; amend provisions (F&PU--16th) Buck--135th
HB 1404 Insurance; amend provisions (Substitute) (I&L--12th) Harbin--113th
HB 1589 Ad valorem and sales tax exemption; income tax credit; water conservation facil ity (Substitute) (F&PU--1st) Dixon--150th
HB 1525 Real estate; community association site manager (Substitute) (Amendment) (C Aff--44th) Watson--139th
HB 1494 Workers' compensation claims; merit rating plan (Amendment) (I&L--29th) Byrd--170th
HB 1399 Sales tax exemptions; certain sales by charitable organizations (F&PU--44th) Mobley--86th
HB 1492 Labor and industrial relations; redefine employee, employer (I&L--29th) Byrd--170th
HB 1439 Motor vehicle insurance; cancellation or nonrenewal (I&L--29th) Heard--89th
HB 1336 Congressional redistricting; board membership; residency (Ethics--54th) Murphy--18th
HB 1556 Municipal charter repealed by operation of law; reincorporation (SLGO--G-- 6th) Smith--169th
HR 873 World War I veterans; study possibility of monument to honor (D&VA--15th) Birdsong--123rd
HB 1197 Aggravated assault/battery against Department of Children/Youth; penalties (Substitute) (Judy--42nd) Chambless--163rd
HB 1243 Highways; commercial driveway access; permits (Substitute) (Trans--31st) Snow--2nd
HB 1736 Driver's license information; provide to U.S. military (Pub Saf-- 15th) Birdsong--123rd
HB 1498 Respiratory care professionals; continuing education (H&HS--47th) Stephenson--25th

THURSDAY, MARCH 14, 1996

1485

HR 940 Richmond County; convey property (F&PU--23rd) DeLoach--119th
HB 1331 Driver's license; organ donor information; disclosure (Pub Saf--45th) Childers--13th
HB 1366 State governmental bodies; teleconference meetings (Amendment) (SLGO--G-- 16th) Irvin---45th
HB 1252 Elections; municipal qualifying period (SLGO--G--37th) Sauder--29th
HB 1221 Building codes; certain water and sewer lines, self--inspection (Amendment) (ST&I--44th) Benefield--96th
HR 769 Blue Ribbon Study Committee on Funding of QBE Act; create (Amendment) (Ed--52nd) Godbee--145th
HB 1299 Child custodians; appear before juvenile courts (Judy--12th) Baker--70th
HB 1375 Employment security; State-wide Reserve Ratio; repeal provisions (I&L--56th) Golden--177th
HB 1437 Livestock; include certain exotic animals; amend Code (Ag--llth) Reaves-- 178th
HB 1006 District Attorney's Retirement; assistant district attorney; prior service credit (Ret--5th) Powell--23rd
HB 1760 Honeybees and hives; destruction; compensation (Nat R--7th) Purcell--147th
HB 1479 Bonds and recognizances; failure to appear; liability of surety (Amendment) (S Judy--12th) Randall--127th
HB 1625 Distilled spirits and wine; prohibit sale below cost (C Aff--55th) Dixon--168th
HB 1771 Ad valorem taxes pending review in certain counties; repeal provisions (F&PU--36th) Canty--52nd
HB 1586 Sales tax; dealers' returns; annual filing (Substitute) (F&PU--44th) Royal-- 164th
HB 1630 Computer or telephone network; transmitting misleading data (Amendment) (ST&I--21st) Parsons--40th
HB 1154 Prisons; medical service to inmates; cost (Substitute) (Corr--31st) Kinnamon-- 4th
HB 1226 Judicial in rem tax foreclosures; municipal taxes (Substitute) (F&PU--54th) Skipper--137th
HB 1364 Ad Valorem tax; due date (F&PU--42nd) Polak--67th
HB 1429 Hearing aid dealers and dispensers; board membership (C Aff--52nd) Childers--13th
HB 1231 Zoning procedures; applicability to annexed property (Substitute) (SLGO--G-- 51st) Stancil--16th
HB 1161 Watercraft; registration fee; private agents (Nat R--20th) Carter--166th

1486

JOURNAL OF THE SENATE

HB 1569 Family violence cases; certain fee assessment; prohibit (Judy--12th) Baker 70th
HB 1202 Education; capital funding; exceptional growth systems (Substitute) (Ed--52nd) Godbee--145th
HB 963 Teachers Retirement; former members of certain local systems; benefits (Ret-- 38th) Holmes--53rd
HB 1365 Tobacco; prohibited sales to minors; stricter regulations (Judy--37th) Grindley--35th
HB 407 Employees; Retirement; membership in North Georgia Mountains Authority (Ret--5th) Twiggs--8th
HB 1370 Unruly or delinquent children; certain detention; religious activities (Amend ment) (Judy--26th) Sinkfield--57th
HB 660 Inmate Committing Battery/Aggravated Assault; transfer/maximum security (Corr--7th) Greene--158th
HB 1644 Evidence; deposition for preservation; nonresidents (Judy--42nd) Martin--47th
HB 840 Charitable solicitations; registration with Secretary of State (SLGO--G--44th) Snow--2nd
HB 1632 Fair business practices; promotions; amend provisions (Substitute) (Amend ment) (C Aff-- 55th) Skipper--137th
HB 1420 Birth certificate; stamp deceased when death certificate issued (Judy--42nd) Grindley--35th
HB 1322 Probate courts; concurrent jurisdiction; certain marijuana and alcoholic bever age cases (Substitute) (S Judy--24th) Reichert--126th
HB 1560 Criminal conspiracy; conviction if crime not completed (Judy--54th) Poston-- 3rd Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill, which was removed from the Consent Calendar for General Population Bills earlier today, was read the third time and put upon its passage pursuant to Rule 111:
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 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 sion relating to the United States decennial census used for the population clas sifications of such counties.
Senator Tysinger of the 41st moved that HB 1840 be postponed to the thirty-ninth legislative day.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1840 was post poned until the thirty-ninth legislative day.

THURSDAY, MARCH 14, 1996

1487

The following general bills were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Gochenour of the 27th.
The Senate Special Judiciary Committee offered the following substitute to HB 1580:
A BILL
To be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage generally, so as to declare that the public policy of this state is to recognize the union only of man and woman; to prohibit marriages between persons of the same sex; to provide that marriages between persons of the same sex shall not be recog nized; to provide that any marriage entered into by persons of the same sex pursuant to a marriage license issued outside of this state shall be void in this state; to provide that contractual rights granted by virtue of such a license issued outside of this state shall be unenforceable in the courts of this state; to provide that the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate mainte nance with respect to a marriage between persons of the same sex or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with a marriage between persons of the same sex; to prohibit the issuance of marriage licenses to persons of the same sex; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage gener ally, is amended by adding between Code Sections 19-3-3 and 19-3-4 a new Code Section 19-3-3.1 to read as follows:
"19-3-3.1.
(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unen forceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.'
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-3-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) No marriage license shall be issued to persons of the same sex.
(2) If one of the persons to be married is a resident of this state, the license may be issued IrTany county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed."

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SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears 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 Perdue Pollard Ragan Ralston Starr Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th
Johnson of 2nd Langford

Oliver
Ray (presiding) Scott

Slotin
Stokes Thomas (excused)

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

HB 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.
Senate Sponsor: Senator Edge of the 28th.
Senator Ray of the 19th offered the following amendment:
Amend HB 1290 by striking line 31 of page 1 and inserting in lieu thereof the following:
"access to such records; 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

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components; to provide for identification of truck chassis with features designed for spe ctoi"a.lized requirements of wreckers; to provide for penalties; to provide for effective dates;
By inserting between lines 22 and 23 of page 15 the following:
"SECTION 13A.
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, is amended by striking Article 1, relating to identification of passenger ears and components, and inserting in lieu thereof the following:
'ARTICLE 1
40-4-1.
As used in this article, the term:
(1) "Component" means a passenger car engine or a passenger car transmission.
(2) "New passenger car" means any passenger car which has never been the subject of a sale at retail to the general public.
(3) "Passenger car" means every motor vehicle designed for carrying ten passengers or less except trackless trolleys or vehicles used exclusively upon streetcar rails or tracks or overhead trolley wires.
(4) "Used passenger car" means any passenger car which has been the subject of a sale at retail to the general public. 40-4-2.
(a) The provisions of this article requiring vehicle identification numbers on passenger cars and truck chassis with features designed for specialized requirements of a wrecker shall apply only to pa&sengei cais such items manufactured after January 1, 1967, and designated by the manufacturer as a 1968 or subsequent model.
(b) This article shall not apply to motorcycles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semitrailers, pole trailers, streetcars, or go-carts or to any vehicle whether self-propelled or not which is not re quired to be issued a license plate under the laws of this state.
(c) This article shall not apply to the following special purpose vehicles:
Type 1. Truck chassis with body (other than station wagon or bus body) designed pri marily for the transportation of persons;
Type 2. Truck chassis with other features designed for a specialized requirement other than a wrecker, including but not limited to fire fighting, wiecker, or snowplow;
Type 3. Truck chassis with station wagon body;
Type 4. Passenger car chassis with body designed for the commercial transportation of persons;
Type 5. Bus chassis with other features designed for a specialized requirement, includ ing but not limited to mobile laboratory, office, post office, classroom, studio, rescue unit, or library;
Type 6. Utility vehicle, being a motor vehicle with a removable top, designed for carry ing passengers or cargo and with particular features for operation both on highway and cross-country.
(d) This article shall not apply to the components of any vehicle excluded by subsection (b) or (c) of this Code section.

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40-4-3.
(a) New passenger cars and components manufactured within state. After January 1, 1907 1997, new passenger cars, truck chassis with features designed for specialized re quirements of wreckers, passenger car engines, and transmissions, as specified in this article, manufactured within this state and intended for sale to the general public within this state, shall be required to have placed upon them vehicle identification numbers and component identification numbers. The vehicle identification number shall not be the same as the vehicle identification number of any other passenger car or truck chassis manufactured by the same manufacturer. The component identification number shall not be the same as the component identification number for any other like component manufactured by the same manufacturer but may be the same as the vehicle identifica tion number if the component is installed as original equipment in the passenger car or truck chassis.
(b) New passenger cars sold within state. After January 1, W67 1997, no new passenger car or truck chassis with features designed for specialized requirements of a wrecker shall be sold to the general public in this state unless such passenger car shall bear a vehicle identification number, which shall not be the same as the vehicle identification number of any other passenger car made by the same manufacturer.
(c) New components sold within state. After January 1, 1967, no new passenger car en gine or passenger car transmission shall be sold to the general public in this state unless it shall bear an identification number. The component identification number shall not be the same as the identification number for any other like passenger car component made by the same manufacturer but may be the same as the vehicle identification number if the particular component has been installed as original equipment in the passenger car prior to its sale to the general public.
40-4-4.
(a) The identification numbers required by Code Section 40-4-3 shall be placed upon the passenger car, truck chassis, and component parts by the manufacturer thereof.
(b) The identification numbers shall be placed upon the passenger car, truck chassis, and components in such a manner that any attempt to remove, alter, deface, obliterate, or destroy them will be ascertainable. The numbers may be affixed by any suitable mamifacturing process that will result in the numbers becoming a permanent part of the pas senger car or component.
(c) The identification numbers shall be of a height and width easily readable by the na ked eye. They may consist of letters, digits, or any combination of them.
(d) The identification numbers may be in accordance with recommended practices ap proved by the Society of Automotive Engineers as to material, lettering, manufacturing, and installation.
(e) Vehicle identification numbers shall be easily accessible for inspection.
40-4-5.
Truck chassis with features designed for specialized requirements of a wrecker manufac tured after January 1, 1967, but before January 1, 1997, shall at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section 40-2-21 be issued by the Department of Revenue a unique vehicle identification number which shall Be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-^T
40-4-040-4-6.
Any person who purchases or sells or offers for sale any used passenger car, truck chas sis, engine, or transmission required to be numbered by this article shall keep a perma nent record of such transactions. Such record shall include: the item and its identification number or numbers; the name and address of the person from whom the item was purchased; and the name and address of the person to whom the item was sold.

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1491

Such record shall be kept for three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.
40-4-040-4-7.

(a) Sale, shipment, or manufacture of unnumbered passenger car or component. Any person who sells or offers for sale in this state, ships or causes to be shipped into this state, or manufactures with the intention that it shall be sold at retail in this state a passenger car, truck chassis, passenger car engine, or passenger car transmission that does not bear an identification number or numbers as required by this article shall be guilty of a misdemeanor.

(b) Failure to keep records. Any person who purchases, sells, or offers for sale any pas senger car, truck chassis, passenger car engine, or passenger car transmission that is required by this article to bear an identification number when intended to be sold at wholesale or retail within this state and who willfully fails to keep the records required by Code Section 40-4-0 40-4-6 shall be guilty of a misdemeanor for each such failure.'".

By striking line 25 of page 15 and inserting in lieu thereof the following:
"Governor or upon its becoming law without such approval, except that Section ISA of this Act shall become effective on January 1, 1997.".

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Bowen Hill

Johnson of 2nd Slotin

Starr Thomas (excused)

On the adoption of the amendment, the yeas were 50, nays 0, and the Ray amendment to HB 1290 was adopted.
Pursuant to Senate Rule 143, action on HB 1290 was suspended, and the bill was placed on the General Calendar.
Senator Newbill of the 56th introduced the doctor of the day, Dr. Burton McDaniel of Roswell, Georgia.

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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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Judiciary Committee offered the following substitute to HB 1788:
A BILL
To be entitled an Act 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; to provide for the powers, duties, and authority of the director of the Environmental Protection Division pursuant to such regulations governing the discharge of pollutants into waters of the state; to reassign certain powers and duties of the Environmental Protections Division to the division's director; 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, is amended by striking in its entirety Code Section 12-5-23, re lating to the powers and duties of the Environmental Protection Division, and inserting in lieu thereof the following:
"12-5-23.
(a) In the performance of its duties, the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regultions to implement and enforce the provisions of this part as the board may deem necessary to provide for tHe control and management of water pollution and surface water use to protect the environment and the health of humans. Such rules and regulations may be applicable to this state as a whole, may vary from area to area, or may vary according to the cHaracteristics of the water pollutants, as may be appropriate, to facilitate the accom plishment of the provisions, purposes, and policies of this part. The rules and regula tions may include, but shall not be limited to, the following:
(A) Prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits;
(B) Establishing or revising standards of water purity for any of the waters of the state, specifying the maximum degree of pollution permissible in accordance with the public interest in water supply; the conservation of tish, game, and aquatic life; and agricultural, industrial, and recreational uses]
(C) Governing water use classifications and water quality standards;
(D) Governing any marine toilet, marine sanitation device, or other disposal unit lo cated on or within a boat operated on waters of the state;
(E) Establishing procedures for dealing with emergency situations and spills which endanger the waters of the state;
(F) Providing minimum standards for treatment of discharges; providing uniform pro cedures and practices to be followed relating to the application for issuance, modifica tion, revocation and reissuance, and termination of permits for the discharge of any pollutant into the waters of the state;

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(G) Providing for permissible limits of surface water usage for both consumptive and nonconsumptive purposes and providing permits to withdraw, divert, or impound sur face waters;
(H) Providing minimum standards for waste-water pretreatment required and the uni form procedures and practices to be followed relating to the application for and the issuance or revocation of pretreatment permits for the discharge of any pollutant into a publicly owned treatment works and then into the waters of the state, and providing requirements for approval and implementation of publicly owned treatment works pre treatment programs and for administration of pretreatment programs;
(I) Providing for uniform procedures and practices to be followed for the determination of categorization of industrial users and requests for variances for fundamentally dif ferent factors;
(J) Providing minimum standards of pollutant treatment required and uniform proce dures and practices to be followed relating to the application for and the issuance, modification, amendment, or revocation of permits for the discharge of pollutants into land disposal or land treatment systems and then into the waters of the state;
(K) Establishing classifications for waste-water treatment plants;
(L) Providing uniform practices and procedures to be followed relating to the applica tion for and the issuance, modification, amendment, or revocation of permits for the discharge of pollutants into underground injection wells;
(M) Providing for the administration and operation of the State Revolving Loan Fund;
(N) Providing standards for treatment of discharges; providing uniform procedures and practices to be followed relating to the application for issuance, modification, revoca tion, and reissuance, and termination of general permits for the discharge of any pollu tant to the waters of the state;
(O) Providing for the uniform procedures and practices to be followed relating to the application for issuance, modification, revocation and reissuance, and termination of permits for the discharge of any stormwater into the waters of the state;
(P) Establishing requirements for the beneficial use of sewage sludge through land application, including pollutant limits, pathogen and vector attraction reduction re quirements, operational standards, management practices, monitoring, recordkeeping, reporting, and permitting requirements;
(Q) Providing for rules and regulations for land disposal; and
(R) Providing for matters necessary to carry out the purposes and requirements of this article and relating to the state's participation in the National Pollutant Discharge Elimination System established under the federal Water Pollution Control Act; and
(2) Take all necessary steps to insure the effective enforcement of this part.
(aXb) In the performance of its his or her duties, the division director may:
(1) Conduct or cooperate in research for the purpose of developing economical and prac ticable methods of preventing and controlling pollution;
(2) Cooperate with agencies of the federal government and with other agencies of the state and political subdivisions thereof;
(3) Enter into agreements and compacts with other states, and with the United States, relative to the prevention and control of pollution in any state waters and on water quality matters, in accordance with the Constitution and statutes of Georgia;
(4) Receive, accept, hold, and use on behalf of the state, and for purposes provided for in this article, gifts, grants, donations, devises, and bequests of real, personal, and mixed property of every kind and description; and

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(5) At the discretion of the director, give instruction and training to waste-water treat ment plant operators and waste-water laboratory analysts; provide technical assist ance for such instruction and training by others; collect fees for such training and assistance in accordance with Code Section 45-12-92; purchase the services of any per son to render such instruction and training; and make available to any such person suitable space and facilities for the rendering of such instruction and training. The division may collect from the participants in any such instructional or training pro gram a pro rata share of any actual out-of-pocket expenses incurred by the division in producing such program including, without limitation, the rental of nonagency facili ties and the payment of nonagency instructors.
In the performance of its his or her duties, the division director shall:
(1) Exercise general supervision over the administration and enforcement of this arti cle and all rules, regulations, and orders promulgated hereunder;
(2) Act in the interest of the people of the state to restore and maintain a reasonable degree of purity in the waters of the state;
(3) Encourage voluntary cooperation by all persons in the state in restoring and main taining a reasonable degree of purity in the waters of the state;
(4) Survey the waters of the state to determine the extent, character, and effects of existing conditions of pollution;
(5) Prepare and develop a general comprehensive plan for the prevention of any further pollution and reduction of existing pollution after a thorough study of existing prac tices and available research;
(6) Administer and enforce the laws of the state relating to the prevention and control of pollution;
(7) Hold hearings to determine whether or not an alleged pollution is contrary to the public interest;
(8) Adopt rules and procedures for the conduct of meetings and hearings. In all hear ings relative to violations, or for other procedures under this article, the rules of evi dence shall be followed;
(9) Establish or revise standards of water purity for any of the waters of this state, which specify the maximum degree of pollution permissible in accordance with the public interest in water supply; the conservation of fish, game, and aquatic life; and agricultural, industrial, and recreational uses. Prior to establishing or revising the standards of water purity, the division shall consider the technical means available for the reduction of pollution and the economic factors involved;
(10 Require any marine toilet or other disposal unit located on or within any boat oper ated on waters of this state to have securely affixed to the interior discharge toilet or unit a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the division, or some other treatment or facility or method authorized by regulation of the division. All sewage passing into or through the marine toilet or units shall pass solely through such device. All boats located upon the waters of this state are subject to inspection by the division or its duly authorized agents at any time for the purpose of determining compliance with this paragraph, provided that this paragraph does not apply to ocean-going vessels of 20 tons displace ment or more;
(11) Make investigations and inspections to ensure compliance with this article, the rules and regulations issued pursuant hereto, and any orders that the division may adopt or issue;
(12) Issue an order or orders directing any particular person or persons to secure within the time specified therein such operating results as are reasonable and practi cable of attainment toward the control, abatement, and prevention of pollution of the

THURSDAY, MARCH 14, 1996

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waters of the state and the preservation of the necessary quality for the reasonable use thereof;
(13) Establish or revise through rules and regulations of the Board of Natural Re sources or permit conditions, or both, effluent limitations based upon an assessment of technology and processes unrelated to the quality of the receiving waters of this state;
(14) Establish or revise through rules and regulations of the Board of Natural Re sources or permit conditions, or both, permissible limits of surface-water usage for both consumptive and nonconsumptive purposes; and
(15) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article and of the Federal Water Pollution Con trol Act, as amended, relating to this state's participation in the National Pollutant Discharge Elimination System established under that act."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th offered the following amendment:
Amend the committee substitute to HB 1788 by striking lines 3 and 4 of page 4 and in serting in lieu thereof the following:
"federal Water Pollution Control Act;
(2) Within one year from the effective date of this Code section, the board shall by rule establish water quality standards for turbidity applicable to all waters of the state, tak ing into account the recommendations of the academic panel established under the In terim Report of the Senate Storm-water Study Committee created by Senate Resolution 252 (1993); and
(3) Take all necessary steps to insure the effective".
On the adoption of the amendment, the yeas were 34, nays 0, and the Farrow amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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Scott Starr Stokes

Taylor Thompson Turner

Those not voting were Senators:

Black Blitch

Bowen Slotin

Tysinger Walker
Tanksley Thomas (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.

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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1647:
A BILL
To be entitled an Act to amend Code Section 10-1-15 of the Official Code of Georgia Anno tated, 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 clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error; to provide for individual actions only; to provide an effective date and for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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," is amended by adding at the end thereof two new subsections (e) and (f) to read as follows:
"(e) A seller or holder shall not be held liable in any action brought under this Code section for a violation of this article if the seller or holder shows by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.
(f) The penalties under this Code section shall be the sole remedy for violations of this Article and a claim of violation of this article may be asserted in an individual action only."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all violations of "The Retail Installment and Home Solicitation Sales Act" occurring on or after said effective date.

THURSDAY, MARCH 14, 1996

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SECTION 3.

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

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

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

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

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Middleton Newbill

Slotin Thomas (excused)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Edge of the 28th moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Middleton of the 50th was excused.
Senator Edge of the 28th moved that Senator Newbill of the 56th be excused to attend to business in the House. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused.
The Calendar was resumed.
The following general bill of the House, having been read the third time and final ac tion suspended on March 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 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. Senate Sponsor: Senator Starr of the 44th.

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The amendments offered by Senator Ralston of the 51st on March 13, as they appear in the Journal of March 13, were automatically reconsidered.
Senator Ralston asked unanimous consent to withdraw his amendments to HB 1328. The consent was granted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the 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 Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

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

Those not voting were Senators:

Cagle Henson Hooks

Middleton (excused) Newbill (excused)

Slotin Thomas (excused)

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

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.
Senate Sponsor: Senator Walker of the 22nd.

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

Those voting in the affirmative were Senators:

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

Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks

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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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Egan Griffin

Langford Slotin

Taylor Thomas (excused)

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

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.
Senate Sponsor: Senator Johnson of the 2nd.
The Senate Special Judiciary Committee offered the following substitute to HB 1278:
A BILL
To be entitled an Act 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; to provide for a state wide education program regarding this Act and the elements of a valid common-law mar riage; 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 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, is amended by adding, after Code Section 19-3-1 the following:
"19-3-1.1.
No common-law marriage shall be entered into in this state on or after July 1, 1996. Otherwise valid common-law marriages entered into prior to July 1, 1996, shall not be affected by this Code section and shall continue to be recognized in this state."
SECTION 2.
The Department of Human Resources is authorized and directed to implement a state-wide education program through the broadcast and print media to inform state residents regard ing the Code section enacted by this Act and the elements of a valid common-law marriage.

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JOURNAL OP THE SENATE

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Kemp of the 3rd offered the following amendment:
Amend the Senate committee substitute to HB 1278 by striking July 1, 1996 on line 5 page 1 and inserting in lieu January 1, 1997.
Striking July 1, 1996 on line 6 page 1 and inserting in lieu January 1, 1997.
Striking July 1, 1996 on line 19 page 1 and inserting in lieu January 1, 1997.
Striking July 1, 1996 on line 20 page 1 and inserting in lieu January 1, 1997
On the adoption of the amendment, the yeas were 41, nays 2, and the Kemp amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, 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:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean 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 Ralston Ray Scott Starr Stokes Tanksley Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Clay

Edge

Farrow

Those not voting were Senators:

Slotin

Taylor

Thomas (excused)

On the passage of the bill, the yeas were 50, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Farrow of the 54th.

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The Senate Ethics Committee offered the following substitute to HB 1518:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for qualifying on legal holidays; to exempt nonjudicial candi dates in nonpartisan primaries or elections from filing nomination petitions; to change pro visions relating to the terms of registrars; to provide for registration of voters who are not county residents by deputy registrars; to provide for deputy registrars who are the designees of principals or assistant principals of high schools and presidents of state supported technical institutes; to provide for the storing of registration cards in secure areas other than the main office of the board of registrars in certain circumstances; to provide for the use of the electronic image of a voter's signature; to provide for rules and regulations re garding the electronic transmission of voter registration applications and signatures; to provide for the validity of electronically transmitted signatures; to change the registration deadline for certain special primaries and special elections; to provide a deadline for the receipt of mail voter registration applications for certain special primaries and special elec tions; to eliminate the duty of the board of registrars to furnish data maintained on elec tors; to provide that the Secretary of State shall establish the cost for such data and to authn-rize the Secretary of State to contract with private vendors regarding such data; to provide for obtaining data regarding deaths from the commissioner of human resources; to change provisions relating to comparing the electors list with change of address informa tion supplied by the postal service; to change provisions relating to changing the bounda ries of precincts and to eliminate obsolete provisions related thereto; to provide for the form of the ballot and ballot label as to nonjudicial candidates in nonpartisan primaries and elections; to revise the voter's certificate; to change provisions relating to assistance for physically disabled voters; to authorize filing the results of primaries and elections elec tronically; to provide that a slate of presidential electors shall receive the highest number of votes cast to be elected; to provide for the holding of certain special elections on dates other than statutorily specified dates; to provide for conditions and limitations; to change the date for filing notices of candidacy for candidates in municipal elections; to provide the earliest date for filing such notices of candidacy; to clarify provisions relating to the deliv ery of a copy of the list of electors of a municipality by the county board of registrars; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in their entirety subsections (b.l) and (d) of Code Section 21-2-132, relating to notices of candidacy, nomination petitions, qualifying fees, and pauper's affidavits, and in serting in lieu thereof the following:
"(b.l) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsec tion in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immedi ately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and

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(2) Each candidate for a county judicial office, a. local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immedi ately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays."
"(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candi dacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomina tion petition as required by this chapter;
(4) A candidate seeking nomination or election Co the office of judge of a slate t:uuU,
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Court in a nonpartisan primary or election; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate can didates for state-wide public office under the provisions of Code Section 21-2-180."
SECTION 2.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof the following:
"(c) In the case of a general primary, the candidates or their agents shall commence qual ifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
SECTION 3.
Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereof the following:
"(a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially, upon the recom mendation of the grand jury of such county, not less than three nor more than five judi cious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for

THURSDAY, MARCH 14, 1996

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county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrar shdll hei ve for a teim uf four years and until their successors are appointed and qualified, except in the event of death, resignation, or removal ab piuvided in this Codti section. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. Any registrar shall have the right to resign at any time by submit ting a resignation to such judge. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section.
(b) The first appointees under this article shall take office on July 1, 1965, for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years next thereafter. The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, shall submit to the judge the list of names as provided in subsection (a) of this Code section. Such list shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a regis trar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office."
SECTION 4.
Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2213, relating to county deputy registrars, clerical help, and chief deputy registrars, and inserting in its place the following:
"(b) The board of registrars in each county may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in Lhe county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed."
SECTION 5.
Said title is further amended by striking in their entirety subsections (g) and (h) of Code Section 21-2-215, relating to the main office of the board of registrars, staffing, location, business hours, additional registration places, educators' duties, and digitization system for registration cards, and inserting in lieu thereof the following:
"(g) Each principal or assistant principal of every public or private high school, the presi dent of every public or private college or university, or such president's designee, and the director uf each area vocational school the president of each state supported technical institute in this state, and the designee'o!' such principal, assistant principal, college~or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from obtain and make available

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the mail votei mgisUaliuii applications piovided for in Code Section 21-2-223 for the the puipuse uf registering as electors those qualified applicants who are enrolled students within the principal's or diiectui's school or the president's college, or university, or insti tute or who are employed by the private high school, the school system, or the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, univer sity, or institute is located. Such principals, assistant principals, presidents, or Uesigneeh, and directors and their designees shall inform their students and employees of the availability of such forms voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director president of each aiea vocational school state supported tech nical institute are authorized to invite other deputy registrars to the school, college, or university, or institute for the purpose of conducting voter registration.
(h) The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent additional voter registration places established under this Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the com pleted registration cards be temporarily retained beyond the end of the next business day. However, in counties in which a computer system for the electronic imaging of the entire voter registration card or the signature of the voter is operational and permits the registrars to view the signature of the voter electronically, the completed registration cards may be stored in a secure area outside of the main office of the board of registrars, provided that such cards may be retrieved within a reasonable time in the event that the actual card is needed. The electronic image of the voter's signature may be used by the registrars in the same manner as the original signature on the voter registration card to verify absentee ballot applications, absentee ballots, petitions, and other documents which require the registrars to compare the signature of the voter on the document to the signature on the voter's registration card."
SECTION 6.
Said title is further amended by inserting in Code Section 21-2-221, relating to the driver's license or identification application as application for voter registration, a new subsection to be designated subsection (h) to read as follows:
"(h) The Secretary of State and the commissioner of public safety shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application."
SECTION 7.
Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, the official list of electors, and the voting procedure when county boundaries are changed, and inserting in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that:

THURSDAY, MARCH 14, 1996

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(1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty first day fifth Monday prior to the date of the special primary or election or, if such thirty first day Monday" is a legal holiday, by the close of business on the following business day.
(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."
SECTION 8.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2225, relating to confidentiality of registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State, and inserting in its place the following:
"(c) It shall be the duty of the Secretary of State and the board of registrars to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on liumputei tape or diskette electronic media or computer run list or both. The Notwithstanding any other provision~of law to the contrary, the Secretary of State shall establish the cost to be charged for such iists data. The Secretary of State may contract with private vendors to make such data avail able in accordance with this subsection. Such data may not be used by any person for commercial purposes."
SECTION 9.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2231, relating to lists of persons convicted of felonies, persons declared mentally incompe tent, and deceased persons and removal of names from the list of electors, and inserting in its place the following:
"(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the pre ceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital satistics."

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SECTION 10.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2233, relating to the comparison of the electors list with change of address information sup plied by the postal service and notice to electors, and inserting in its place the following:
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a presidential preference primary is tu be conducted and duiing Hie uiuntli of March iu years iii which a pi esidential prefeieiice pi'imaiy it, tu be conducted, the The Secretary of State shaft is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Ser vice through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed."
SECTION 11.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2261, relating to changes in precinct boundaries and creation of new precincts, and inserting in its place the following:
"(a) The superintendent of a county may, ou petition as provided in Code Section 21-2262, divide or redivide any precinct in that county into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct in that county, or form a precinct out of two or more adjoining precincts or parts of precincts in that county, or consolidate adjoining precincts in that county, so as to suit the convenience of the elec tors and to promote the public interests."
SECTION 12.
Said title is further amended by striking in their entirety subsections (b) and (e) of Code Section 21-2-261.1, relating to boundary requirements for precincts established or altered on or after a specified date, and redesignating the remaining subsections so that Code Sec tion 21-2-261.1 reads as follows:
"21-2-261.1.
(a) All voting precincts established or altered on or after April 15, 1994, shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official De partment of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps;
(1.1) The boundaries of public parks;
(1.2) The boundaries of public school grounds;
(1.3) The boundaries of churches; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1,1984, unless a waiver extending such deadline to Januaiy 1, 1980, is granted by the Secretary uf State, the superintendent shall move the boundaiies oi cill pi ^cmctsso elicit triGy contorm to ttxs I'tJv^u.ii'ciiitiiits^y* suH&SGCuiGii \&L) or LIHS \_)oQ6
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superintendent shall within 30 days prior to the establishment of any new buuudaiies
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THURSDAY, MARCH 14, 1996

1507

(t) The superintendent shall notify the board of registrars within ten days after such changes are adopted.
WXc) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received;
(3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.
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SECTION 13.
Said title is further amended by striking in its entirety Code Section 21-2-262, relating to petitions for division of precincts or alterations of precinct boundaries, and inserting in lieu thereof the following:
"21-2-262.
(a) The superintendent may upon his or her own motion direct the board of registrars to investigate the division or rediyision of a precinct into two or more precincts, or the alter ation of the bounds of any precinct, or the formation of one or more precincts out of two or more existing precincts or parts thereof or the consolidation of adjoining precincts. The board of registrars shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which con forms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accom pany its report with a map, plat, or draft of the new election precinct or precincts proposed by it.
(a.l) Upon the petition of 20 electors or of the county executive committee of a political party to the superintendent of the county, praying for the division or redivision of a pre cinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, the superintendent shall refer such petition to the board of registrars, which shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or con solidation of precincts which coiifuim conforms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft of the

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new election precinct or precincts proposed by it. Such peititions may specify the bound aries desired by the petitioners and may be accompanied by a map setting forth such boundaries.
(b) The board of registrars may also petition the superintendent for the division or redivision of any precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing pre cincts or parts thereof, or for the consolidation of adjoining precincts, accompanying its petition by a description of the proposed new precincts and by a map, plat, or draft thereof.
(c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its report and recommendations as to any petition investigation presented under subsection (a) of this Code section, the superintendent may make such order for the division, redivision, alteration, formation, or consolidation of precincts as will, in his the superintendent's opinion, promote the convenience of electors and the public interests; provided, however, that the superintendent shall not make any final order for the division, redivision, alteration, formation, or consolidation of precincts until at least ten days after notice of such change shall have been pu&ted in at least five publit diiu conspicuous pltic^s in tiife precinct or1 precincts to o& ali^ct^cl t/risrsDV, Oii^ 01 wTiicri
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precinct advertised in the legal organ of the county. Such notice shall state briefly the division, redivision, alteration, formation, or consolidation of precincts recommended by the board of registrars and the date upon which the same will be considered by the super intendent and shall contain a warning that any person objecting thereto must file his or her objections with the superintendent prior to such date. Upon the making of any sucE final order by the superintendent, a copy thereof shall be certified by him the superinten dent to the board of registrars.
\Q.) A-tiy otri^r provisions 01 trus V>GU.G section to triGcoiitrttry not\vitnst3.rictiiijj iii &n coiiii~ ties of this state having a puyuldlkrn uf 500,000 or more according Lo the United States
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(e) In any county having a population of more than 250,000 according to the United States decennial census of 1970 or any such future census, the powers and duties con ferred upon the superintendent by this Code section and Code Sections 21-2-261 and 212-261.1 shall be exercised and performed by the governing authority of the county."
SECTION 14.
Said title is further amended by striking in its entirety Code Section 21-2-284.1, relating to nonpartisan primaries for judicial offices, and inserting in its place the following:
"21-2-284.4.
The names of all candidates seeking nomination in the nonpartisan primary for the office
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Justice of Lhe Supi'eaie Cuui t shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRI MARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No

THURSDAY, MARCH 14, 1996

1509

party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the pub lic office he or she then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his or her name. Under the title of each office shall be placed a direc tion as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary run off in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his or her name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office."
SECTION 15.
Said title is further amended by striking in its entirety Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place the following:
"21-2-285.1.
The names of all candidates nominated in the nonpartisan primary for the office of judge
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Supreme Cuui t shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candi date in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as pre scribed for the nonpartisan election of judges. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

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JOURNAL OF THE SENATE

SECTION 16.
Said title is further amended by striking in their entirety subsections (g), (h), and (i) of Code Section 21-2-325, relating to the form of ballot labels, and inserting in lieu thereof the following:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by sub section (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priorty prescribed by subsection (c) of Code Section 21-2285. When voting machines are used on which the titles of offices are arranged horizon tally, the names of all candidates for the same office shall appear within the same verti cal lines. The names of all candidates CM the ufflce of judge of a state court, judge of a
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nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be deter mined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary for btate and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2284.1 insofar as practicable. At the top of the separate portion shall be printed in promi nent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomintion in all political parties and the names of all candidates seeking nomination in a nonpartisan primary for state and comity judicial offices, the superintendent may arrange for the names of all the candidates seeking nom ination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary fui stale and uuunly judicial offices shall appear on all machines."
SECTION 17.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2402, relating to voter's certificates, and inserting in its place the following:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on ____________, 19______, and that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name. I understand that making a false statement on this certificate is a felony under Code Section 21-2-562.
Signature _____ _______

THURSDAY, MARCH 14, 1996

1511

Current Address, of Elector residence address of elector:
Name or initials of poll officer receiving voter's certificate: __________________ In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the following:

Signature of poll officer
Number of stub of ballot or number of admission to voting machine: __________"
SECTION 18.
Said title is further amended by striking in its entirety Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof the following:
"21-2-409.
(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language; or there is recorded upon the electors, list a. reference to bis declaration that he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the list of electors, and imleht> the poll officers are satisfied that he or she stfli suffers from the same disability; 01 unless he acquired such a physical
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suffers therefrom. Except for a blind elector, before an elector shall be permitted to re ceive assistance, he the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why he the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast his a vote as he or she wishes and who in the judgment of a manager is blind may receive assist ance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration.
(b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff.
(c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent., who shall cause the same to be duplicated and delivei Una original
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rations of assisted electors shall be available in the superintendent's office for public inspection."
SECTION 19.
Said title is further amended by striking in its entirety Code Section 21-2-496, relating to copies of the consolidated return of a primary, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"21-2-496.
(a) Each superintendent shall prepare four copies of the consolidated return of the pri mary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(1) One copy to be posted at the county courthouse for the information of the public;
(2) One copy to be filed in the superintendent's office;
(3) One copy to be forwarded to the Secretary of State, together with a copy of each pre cinct return and a copy of the numbered list of voters of each precinct, as well as the returns and numbered list of voters for absentee electors; and
(4) One copy to be sealed and filed with the clerk of the superior court as required by Code Section 21-2-500.
(b) The Secretary of State is authorized to provide a method by which the election super intendent can tile the results of primaries and elections electronically. Once the Secre tary of State provides such a method of filing, the election superintendent shall file a copy of the election returns electronically in the manner prescribed by the Secretary of State in addition to the filing provided in subsection (a) of this Code section. The Secretary of State is authorized to promulgate such rules and regulations as necessary to provide for such an electronic filing?'
SECTION 20.
Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2501, relating to the share of the vote required for nomination in a primary and election in a special or general election, runoff elections, and officers elected by majority vote, and in serting in its place the following:
"(b) fo Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes casTT1
SECTION 21.
Said title is further amended in Code Section 21-2-540, relating to the conducting of special elections, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c)(l) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years any such special election shall only be held on:
(i) The third Tuesday in March;
(ii) The third Tuesday in June;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in November; and
(B) In even-numbered years any such special election shall only be held on:
(i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary;
(ii) The date of the general primary;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in November.

THURSDAY, MARCH 14, 1996

1513

(2) The provisions of this subsection shall not apply to:
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989'; or
(B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection:; or
(C) Special elections held prior to July 1, 1996, which are designed to bring about the approval or rejection of the voters of a proposed question, if the original call for such election is irregular for any reason or the advertisement of such call has not been con ducted as required by law.
(3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in elected county offices.
(4)(A) This subsection shall not apply to special elections under this paragraph.
(B) In the case of a special election designed to bring about the approval or rejection by tHe voters of a proposed question, if the call for such election is irregular for any reason or the advertisement of such call has not been conducted as required by law, the elec tion superintendent may enter an amended order providing for a new call for such special election to be conducted on any date which is at least 29 days after the date of the amended call."
SECTION 22.
Said title is further amended by striking in their entirety subsections (a) and (f) of Code Section 21-3-91, relating to notices of candidacy, certificates of nomination, affidavits, and candidates nominated by petition, and inserting in lieu thereof the following:
"(a) Each candidate, except a candidate nominated by Humiliation petition provided for in hubhectiun (0 uf this Code section, or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality:
(1) In the case of a general election held in an odd-numbered year, no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and no later than 4:30 P.M. on the following Friday;
(2) In the case of a general election held in an even-numbered year, no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and no later than 4:30 P.M. on the following Friday; and
(3) In the case of a special election, not earlier than the date of the call and at least 25 days prior to the election.
The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during nor mal business hours for each such municipality. If a run-off primary is held, each candi date nominated therein or a designee shall file a notice of candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. No tice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
\i) In LllO Case OI Candidates liOlllillfltGQ Dy ilOilliilittiGIl jjGlltlOll pU.rSU.311t tO VyOtte ij^CtilQil
21-3-100, the last date for filing notice of candidacy bha.ll be the same as the last date for riling loi jjtrty iiOiiiiiiat>ioii as pioviu^Q ni suDsecuioii \&/ 01 oocte Ejection ^i <j"tyij^ or, in
tifke cVent a 11011petitIS illI ^JFuQiajfy 316CtlOH IS licilu, Lfl6 last utl>6 lOt* lliiilg ilOLICc OI CaiiCli-
dacy Dy nomiiiatiG.ii petition snail De tlic same as tne ictst date tor iiliiig notice 01 caiid.1dac^ for the nonpai tiban piimarj' as provided in Codt; flection 21-0-103. A notice of candidacy by a nominating petition shall be accompanied by the nominating petition."

1514

JOURNAL OF THE SENATE

SECTION 23.
Said title is further amended by striking in their entirety subsections (b), (c), and (e) of Code Section 21-3-123, relating to deadlines for registration applications, voting in prima ries, the official list of electors, the inactive list of electors, the municipal electors list, and the procedure for correcting the list of electors, and inserting in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any munici pal special primary or special election, such person shall make application as provided in Article 6 of Chapter 2 of this title no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sun days, and legal holidays of this state; except that:
(1) If such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presi dential preference primary held under Chapter 2 of this title, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presi dential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-2-540 21-3-52 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected cuunt^ municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-flr&t day fifth Monday prior to the date of the special primary or election or, if such thirty-first day Monday is a legal holiday, by the close of business on the following business day.
(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary; or special primary or special election held on one of the dates specified in Code Section 2F3-52 for the con duct of special elections to present questions to the voters or special primaries or elec tions to fill vacancies in elected municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."
"(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the gov erning authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 days prior to such pri mary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list and to challenge the disqualified. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election."

THURSDAY, MARCH 14, 1996

1515

SECTION 24.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3311, relating to voter's certificates, and inserting in its place the following:
"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on ____________, 19______, and that I have not and will not vote elsewhere in this (primary or election)"
Signature _____________
Current residence address of elector:
Name or initials of poll officer receiving voter's certificate: ________________
In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following: __________________________________________
Signature of poll officer
Number of stub of ballot or number of admission to voting machine: _________"
SECTION 25.
Said title is further amended by striking in their entirety subsections (b) and (e) of Code Section 21-3-161.1, relating to boundary and filing requirements for voting precincts estab lished or altered on or after a specific date, and redesignating the remaining subsections, so that said Code section shall read as follows:
"21-3-161.1.
(a) All voting precincts established or altered on or April 15, 1994, shall consist of areas which are bounded on all sides only by:
(21) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon offi cial Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps;
(1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds;
(1.3) The boundaries of churches; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1,1984, unless a waiver extending such deadline to January 1, -it/ov) iS gfi*&iiitGu Dy tiife o^Cf^is.ry oi oT&tci) tn.6 ^ovGi'iiiii^ 3.utfiority sri3.ii move tH6 DOU.HCI~ HI itiS or illprecincts so tiist irisy coiiioi'iii to tils it"fe^[u.ii*6iii6iits o* suDsccticn \i/ oi tfiis
v>OCI6 SfiCtlOil 3.flu COiltlilU.6 tO pFOittOtfe tllfe CGilVGIln3ilCG Or GIGCtGI S tflu tUG pU-DliC ilit&f~
ests. The governing dulhuiity hliall within 00 days prior to the establishment of any new
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precinct. At least one suck notice sliall be posted at or in the immediate vicinity of the
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1516

JOURNAL OF THE SENATE

fa) The governing authority shall notify the board of registrars within ten days after such changes are adopted.
ftrXc) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the munic ipality. Thereafter the governing authority shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received;
(3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.

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SECTION 26.

Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3318, relating to assisting electors who cannot read English or who have physical disabili ties, and inserting in its place the following:
"(b) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent., who shall cause the same to be duplicated and Jelivei the original
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after the time uf regisUatlon and if it appears to be permanent, the legihti'aih shall tec-
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bility shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection."

SECTION 27.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 28.

All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th offered the following amendment:
Amend the committee substitute to HB 1518 by striking on page 21 line 37 the word "plurality" and inserting the word "majority".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Clay
Crotts

Day Edge Egan Glanton Gochenour Guhl
Johnson of 1st

Lamutt Land McGuire Ralston Tanksley Turner
Tysinger

THURSDAY, MARCH 14, 1996

1517

Those voting in the negative were Senators:

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

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

Perdue Pollard Ragan Ray Scott Starr Stokes Taylor Thompson Walker

Those not voting were Senators:

Abernathy Newbill

Slotin Thomas (excused)

On the adoption of the amendment, the yeas were 21, nays 31, and the Edge amend ment to the committee substitute was lost.
Senators Thompson of the 33rd and Clay of the 37th offered the following amendment:
Amend the committee substitute to HB 1518
by striking section 28 in its entirety.
Senator Thompson of the 33rd asked unanimous consent to withdraw his amendment to the committee substitute.
The consent was granted and the Thompson amendment was withdrawn.
Senator Gochenour of the 27th moved that Senator Newbill of the 56th be excused due to business in the House. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused.
Senator Clay of the 37th moved that Senator Abernathy of the 38th be excused due to a House committee meeting. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Abernathy of the 38th was excused.
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 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 Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes

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Tanksley Taylor

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Abernathy (excused) Egan

Newbill (excused) Slotin

Thomas (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.
At 12:25 P.M., the President announced that the Senate would stand in recess until 1:45 P.M.
Senator Perdue of the 18th, who was presiding, called the Senate to order at 1:45 P.M.
Senator Ralston of the 51st moved that Senator Egan of the 40th be excused.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Egan of the 40th was excused.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused.
On the motion, the yeas were 29, nays 4; the motion prevailed, and Senator Kemp of the 3rd 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 bills of the House and Senate:

HB 1740. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

HB 1885. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court.

HB 1895. By Representatives Stallings of the 100th, Simpson of the 101st and Snelling of the 99th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.

HB 1896. By Representatives Walker of the 87th and Stancil of the 91st:
A bill to amend an Act incorporating the City of Social Circle, so as to change the maximum penalties in the recorder's court.

HB 1897. By Representative Birdsong of the 123rd: A bill to create the Twiggs County Recreation Authority.

HB 1898. By Representative Holland of the 157th: A bill to provide a new charter for the City of Sycamore.

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HB 1899. By Representative Smith of the 19th:
A bill to amend an Act creating the Board of Commissioners of Dawson County, so as to change the provisions relating to the county manager.
HB 1900. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act establishing the State Court of Pierce County, so as to provide for the compensation of the judge and solicitor.
HB 1901. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act creating a new board of commissioners of Jones County, so as to change the provisions relating to the annual publication of the name, department, and salary of each county employee.
HB 1902. By Representative Greene of the 158th:
A bill to create the Board of Commissioners of Stewart County.
HB 1903. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, so as to change the number of voting members required to take action by the authority.
HB 1904. By Representative Floyd of the 138th:
A bill to amend an Act providing for a new charter for the City of Hawkinsville, so as to provide for authority to lease or otherwise dispose of municipally owned property generally; to provide for authority to lease the Hawkinsville Harness Horse Training Facility.
HB 1905. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to provide a new charter for the City of Offerman.
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 inquiries and investigations.
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.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 1233. By Representative Greene of the 158th:
A resolution creating the Stewart County Governmental Consolidation Study Committee.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 following bills were read the first time and referred to committees:
HB 1740. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to State and Local Governmental Operations Committee.
HB 1885. By Representative Poston of the 3rd:
A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court.
Referred to State and Local Governmental Operations Committee.
HB 1895. By Representatives Stallings of the 100th and Simpson of the 101st:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.
Referred to State and Local Governmental Operations Committee.

THURSDAY, MARCH 14, 1996

1521

HB 1896. By Representatives Walker of the 87th and Stancil of the 91st: A bill to amend an Act incorporating the City of Social Circle, so as to change the maximum penalties in the recorder's court.
Referred to State and Local Governmental Operations Committee.
HB 1897. By Representative Birdsong of the 123rd: A bill to create the Twiggs County Recreation Authority.
Referred to Sate and Local Governmental Operations Committee.
HB 1898. By Representative Holland of the 157th: A bill to provide a new charter for the City of Sycamore.
Referred to State and Local Governmental Operations Committee.
HB 1899. By Representative Smith of the 19th: A bill to amend an Act creating the Board of Commissioners of Dawson County, so as to change the provisions relating to the county manager.
Referred to State and Local Governmental Operations Committee.
HB 1900. By Representative Smith of the 169th: A bill to amend an Act establishing the State Court of Pierce County, so as to provide for the compensation of the judge and solicitor.
Referred to State and Local Governmental Operations Committee.
HB 1901. By Representative Birdsong of the 123rd: A bill to amend an Act creating a new board of commissioners of Jones County, so as to change the provisions relating to the annual publication of the name, department, and salary of each county employee.
Referred to State and Local Governmental Operations Committee.
HB 1902. By Representative Greene of the 158th: A bill to create the Board of Commissioners of Stewart County.
Referred to State and Local Governmental Operations Committee.
HB 1903. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, so as to change the number of voting members required to take action by the authority.
Referred to State and Local Governmental Operations Committee.
HB 1904. By Representative Floyd of the 138th: A bill to amend an Act providing for a new charter for the City of Hawkinsville, so as to provide for authority to lease or otherwise dispose of municipally owned property generally; to provide for authority to lease the Hawkinsville Harness Horse Training Facility.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HR 981. By Representatives Felton of the 43rd, Lane of the 146th, Barnes of the 33rd and others:
A resolution requesting Congress to devolve the unemployment insurance sys tem back to state control.
Referred to Rules Committee.
HR 1233. By Representative Greene of the 158th:
A resolution creating the Stewart County Governmental Consolidation Study Committee.
Referred to Rules Committee.

The Calendar was resumed.

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.
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:

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

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

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

Those not voting were Senators:

Abernathy (excused) Black Cagle Day Egan (excused)

Henson Hooks (excused conferee) Kemp (excused) Perdue (presiding) Ray (excused conferee)

Slotin Taylor Thomas (excused) Walker (excused conferee)

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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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.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks
Crotts Dean Edge Farrow

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

Langford
Madden Marable McGuire Middleton Newbill Oliver Pollard
Ragan Ralston
Starr Turner Tysinger

Those voting in the negative were Senators:

Clay

Tanksley

Those not voting were Senators:

Abernathy (excused) Black Day Egan (excused) Hooks (excused conferee)

Kemp (excused) Perdue (presiding) Ray (excused conferee) Scott Slotin

Thompson
Stokes Taylor Thomas (excused) Walker (excused conferee)

On the passage of the bill, the yeas were 39, nays 3.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Cheeks of the 23rd.

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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 March 2, 1995
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill (LC 21 3394) Employees' Retirement System
Dear Chairman Cummings:
This bill would provide that certain part-time employees of the legislative branch of state government who become full time employees may obtain up to five years of creditable ser vice in the Employees' Retirement System.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
Isl Claude L. Vickers State Auditor
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 1046 (LC 21 3534s) Employees' Retirement System
Dear Representative Cummings:
This bill provides that certain temporary full-time employees of the legislative branch of state government who become permanent full-time employees may obtain up to five years of creditable service with the Employees' Retirement System of Georgia.
The cost of this proposed legislation would be $4,000 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 liability and would be paid through state appropriations. It should be noted that changes in the actua rial 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

THURSDAY, MARCH 14, 1996

1525

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.

$ 61,000 $ 4,000 _____20 $_____0

(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.

15.39% 15.39% $ 4,000

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:

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

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

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy (excused) Brown of 26th Day Hooks (excused conferee)

Kemp (excused) Middleton Perdue (presiding) Ray (excused conferee)

Slotin Thomas (excused) Walker (excused conferee)

On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

Senator Griffin of the 25th moved that Senator Abernathy of the 38th be excused to attend a funeral. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Abernathy of the 38th was excused.

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.
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy (excused) Day Egan
Hooks (excused conferee)

Kemp (excused) Langford Perdue (presiding)
Ray (excused conferee)

Slotin Thomas (excused)
Walker (excused conferee)

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

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 House amendment was as follows:
Amend SB 508 by adding at the end of line 14 on page 1 the following:
", with the exception of the ear lobes,". Senator Tysinger of the 41st moved that the Senate agree to the House amendment to
SB 508.

THURSDAY, MARCH 14, 1996

1527

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Farrow.

Those not voting were Senators:

Abernathy (excused) Blitch Day (excused) Henson

Hooks (excused conferee) Kemp (excused) Perdue (presiding) Ray (excused conferee)

Slotin Starr Thomas (excused) Walker (excused conferee)

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 508.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, ap proved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act ap proved April 11, 1979 (Ga. L. 1979, p. 3838) and an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), so as to add a judge to said court; to provide for the election and term of office of said additional judge and for the election of his or her successors; to provide for related matters; to provide that the office of chief judge of said court shall be rotated annu ally among the judges of said court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838) and an Act approved March 15,1988 (Ga. L. 1988, p. 3933), is amended by striking in its entirety Section 3A and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"SECTION 3A.

Effective January 1, 1997, there shall be four judges of the State Court of Clayton County. The three judges serving in office or taking office as a result of election or reelection on January 1, 1997, shall continue to serve in the office to which they were elected. The fourth judge shall be elected at the general election held in November, 1996, and shall take office on January 1, 1997, for a term of four years and until his or her successor is elected and qualified. The judges of said court shall serve terms of four years and until their successors are elected and qualified."

SECTION 2.

Said Act is further amended by striking subsection (a) of Section 3B and inserting in lieu thereof the following:
"(a) The office of chief judge of the State Court of Clayton County shall rotate annually among the judges of such court. The judge serving as chief judge on the effective date of this Act shall continue to serve as chief judge until December 31, 1996. On January 1, 1997, and on the first day of January of each year thereafter, the office of chiefjudge shall pass to the judge next lowest in seniority."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 758.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis
Glanton Gochenour Griffin
Guhl Harbison
Henson Hill
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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy (excused) Hooks (excused conferee) Perdue (presiding)

Ray (excused conferee) Slotin

Thomas (excused) Walker (excused conferee)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 758.

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1529

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 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 House has passed, as amended, by the rekquisite constitutional majority the fol lowing bills of the Senate:
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.
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 Calendar was resumed.
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

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JOURNAL OF THE SENATE

of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
Senate Sponsor: Senator Land of the 16th.

Senator Farrow of the 54th offered the following amendment:
Amend HB 1403 (LGC 18 7445ERS) by striking "50" and inserting in its place "48" on lines 1 and 11 of page 1.
By striking "supersede" and inserting in its place "control over" on line 32 of page 3.
By adding at the end of line 35 of page 3 the following:
"Any such ordinance shall not be deemed repealed by this Code section but shall be ad ministered in conformity with this Code section."
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:

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

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

Voting in the negative was Senator Black.

Those not voting were Senators:

Abernathy (excused) Hooks (excused conferee) Marable

Perdue (presiding) Ray (excused conferee) Slotin

Thomas (excused) Walker (excused conferee)

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cheeks of the 23rd moved that HB 1192, passed earlier today, be immediately transmitted to the House. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1192 was immediately transmitted.

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.

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Senate Sponsor: Senator Taylor of the 12th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1404:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to repeal a provi sion regarding compliance with minimum surplus requirements for mutual insurers; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to create the "Medical Care Savings Account and Trust Act"; to provide for a short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to provide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account; to provide for withdrawals and penalties and procedures con nected therewith; to provide for management of the medical care savings accounts; to pro vide for the establishment of trusts; to provide for responsibilities of individual or employee holders of medical care savings accounts; to provide for duties of the Commissioner of In surance; to change certain provisions relating to residency requirements for license appli cants; to remove the minimum and maximum durations of probationary agent licenses; to change certain provisions relating to countersigning of insurance contracts by resident agents; to change certain provisions relating to commissions for countersigning of insur ance contracts by resident agents; to provide for requests for review of cancellations or nonrenewals by the Commissioner and to remove the requirement for a hearing; to provide for a point-of-service option for certain persons offered health care coverage through a health maintenance organization; to provide for additional payments for such option; to provide for different cost sharing provisions for such option in certain circumstances; to provide for exceptions; to implement the requirements of the Social Security Act Amend ments of 1994; to change certain provisions relating to insurance fraud and investigation of fraudulent insurance acts; to change the definition of insurance fraud; to provide civil im munity to certain persons sharing information regarding fraudulent insurance acts; to change the penalty provisions for insurance fraud; to provide for exemption of denned com mercial risks from certain filing requirements; to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to de fine the offense of insurance fraud; to provide for penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for othr purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety subparagraph (a)(3)(B) of Code Section 33-7-14, relating to reinsur ance of risks, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Submits to the authority of this state to examine its books and records. Paragraph ti) Subparagraph (A) of this subsection paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system;".
SECTION 1.1.
Said title is further amended by striking in its entirety Code Section 33-3-7.1, relating to compliance with minimum surplus requirements for mutual insurers, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"33-3-7.1.

Nulwithstandmn utual

hich,

uf this title which might be toiihti ued to the coutrt il 19, 1994, has been issued at least 25 conseiuliv

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SECTION 2.

Said title is further amended by striking in their entirety subsections (d) and (e) of Code Section 33-11-20, relating to investment in corporate obligations, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof, other than the obligations described in subsections (a), (b), and (c) of this Code section, which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must:
(1) Consist of less than 100 percent of the total obligation issued; and
(2) Be available for liquidation by the insurer within five days from the date of a re quest by the insurer for the liquidation of the investment:; and
(3) Notwithstanding Code Section 33-11-37, as a total at any one time not exceed 5 percent of the insurer's admitted assets without the written approval of the Commissioner.

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at diiy one lime shall not exceed 5 percent of the insuiei's admitted asselb without

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SECTION 3.

Said title is further amended by striking in its entirety subsection (a) of Code Section 3316-14, relating to limitations on amounts of risks retainable by farmers' mutual insurance companies, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Amount of Insurance in Force

Maximum Risk

$

100,000 but less than i 250,000 ............ $2,000

250,000 but less than

400,000 ............. 2,500

400,000 but less than 600,000 but less than 900,000 but less than

600,000 ............. 3,000
900,000........ 4#ee 4,500 1,200,000.....

1,200,000 but less than 1,500,000 but less than 2,000,000 but less than

1,500,000 .....
2,000,000..... 2,500,000....... ^ee 12,500

2,500,000 but less than

3,000,000 ....... 67666 15,000

3,000,000 but less than

3,500,000 ....... 87666 17,500

3,500,000 but less than

7,000,000 ...... 10,000 35,000

7,000,000 and over . . .

30,000 50,000"

SECTION 3A.
Said title is further amended by adding immediately after Chapter 20 of said title a new Chapter 20A to read as follows:

THURSDAY, MARCH 14, 1996

1533

"CHAPTER 20A
33-20A-1.
This chapter shall be known and may be cited as the "Medical Care Savings Account and Trust Act.'
33-20A-2.
The General Assembly finds and declares:
(1) Many citizens of this state are without health insurance;
(2) The costs of health care are escalating, forcing employers to trim the level and availability of benefits to their employees;
(3) The projected increase in the older population in this state will create even greater demands on the state to provide long-term care for those in need;
(4) In response to the runaway cost increases in health care spending, medical care savings accounts shall be created to increase health insurance availability for citizens of this state, to provide incentives to eliminate unnecessary medical treatment and paperwork, and to encourage competition;
(5) To alleviate the impoverishment of citizens of this state requiring long-term care, medical care savings accounts shall be created to promote saving for long-term care and to provide incentives for individuals to protect themselves from financial hardship due to a long-term health care need; and
(6) By setting aside money in a medical care savings account:
(A) Citizens of this state can insure themselves for both routine and major medical services and long-term care through employer funded or individual funded medical care savings account programs and reduced cost, qualified higher deductible insur ance policies;
(B) Employees can change jobs, using the medical care savings account to provide for their health care needs while they are between jobs;
(C) Sole proprietors during times of recession will have medical dollars saved to cushion them;
(D) Individuals and families will continue to have the freedom to choose their own physicians and other health care service providers;
(E) High school graduates not attending college and full-time or part-time college or technical school students no longer considered dependents will be better able to af ford health care;
(F) Early retirees will have medical dollars saved to continue health care coverage;
(G) Health care costs and spending increases will be reduced by comparative shop ping by consumers for quality health care services; and
(H) The problem of long-term care financing will be substantially reduced by empow ering the citizens of this state to save for their future needs.
33-20A-3.
As used in this chapter, the term:
(1) 'Account administrator' means any of the following:
(A) A national or state chartered bank, a federal or state chartered savings and loan association, a federal or state chartered savings bank, or a federal or state chartered credit union;
(B) A trust company authorized to act as a fiduciary in this state;
(C) An insurance company authorized to do business in this state;
(D) A broker-dealer, commodity issuer, investment adviser, or agent registered pur suant to Title 10;

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JOURNAL OF THE SENATE

(E) A certified public accountant licensed to practice in this state;
(F) An attorney licensed to practice in this state;
(G) An employer, if the employer has self-insured health plan under the Employee Retirement Income Security Act of 1974; and
(H) An employer that participates in the medical care savings account program.
(2) 'Apportionment' means the premium differential between the premiums for a quali fied higher deductible plan and the plan previously offered by the employer, based on bona fide quotes from insurers offering similar benefits for similar employees in the same geographic area. In the event that no plan was previously offered, the portion contributed to a medical care savings account may be less than the higher deductible of the qualified higher deductible plan, and the premium differential formula shall be based on bona fide quotes for a lower deductible health plan and a qualified higher deductible plan offering similar benefits for similar employees in the same geographic area.
(3) 'Deductible' means the total deductible for an employee and all the dependents of that employee for a calendar year.
(4) 'Dependent' means the spouse of the employee or a child of the employee if the child is any of the following:
(A) Under the age of 19 years or under 23 years of age and enrolled as a full-time student at an accredited college or university or technical school;
(B) Legally entitled to the provision of proper or necessary subsistence, education, medical care, or other care necessary for his or her health, guidance, or well-being and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
(C) Mentally or physically incapacitated to the extent that he or she is not selfsufficient.
(5) 'Domicile' means a place where an individual has his or her true, fixed, and perma nent home and principal establishment, to which, whenever absent, he or she intends to return. Domicile continues until another permanent home or principal establish ment is established.
(6) 'Eligible medical expense' means an expense paid by the taxpayer for medical care defined in Section 213(d) of the Internal Revenue Code of 1986.
(7) 'Employee' means the individual for whose benefit or for the benefit of whose depen dents a medical care savings account is established.
(8) 'ERISA' means the Employee Retirement Income Security Act of 1974.
(9) "Higher deductible' means a deductible of not less than $1,000.00 and not more than $5,000.00 for the year 1996. This minimum and maximum shall be adjusted annually thereafter by the Commissioner of Insurance, as necessary, by a percentage equal to the previous year's increase in the national Consumer Price Index.
(10) 'Individual' means a self-employed individual; an unemployed individual who is not eligible for Medicaid, medicare, or any other state or federal program for the provi sion of health services; an employed individual whose employer does not offer a medi cal care savings account program, or the qualified dependents of the individual.
(11) 'Individual medical care savings account' or 'account' means a trust administered by a trustee created or organized to pay the eligible medical, dental, and long-term care expenses of the individual account holder to promote good health.
(12) 'Medical care savings account' or 'account' means an account established in this state pursuant to a medical care savings account program to pay the eligible medical expenses of an employee and his or her dependents.

THURSDAY, MARCH 14, 1996

1535

(13) 'Medical care savings account program' or 'program' means a program that in cludes all of the following:
(A) The purchase by an employer or by employees or a shared purchase of a qualified higher deductible health plan for the benefit of an employee and his or her dependents;
(B) The contribution on behalf of an employee into an interest-bearing medical care savings account by his or her employer of all or part of the premium differential realized by the employer based on the purchase of a qualified higher deductible health plan for the benefit of the employee. An employer that did not previously provide a health coverage policy, certificate, or contract for his or her employees or an employer that chooses may contribute all or part of the deductible of the plan purchased pursuant to this chapter. The employee may contribute into the account in addition to a contribution by the employer all or part of the difference between the employer's contribution and the maximum contribution as determined pursuant to this chapter. A contribution under this subparagraph shall not exceed $5,000.00 for the year 1996 and shall be adjusted annually as set forth in this chapter.
(C) An account administrator to administer the medical care savings account from which payment of claims is made. Not more than 30 days after an account adminis trator begins to administer an account, the administrator shall notify in writing each employee on whose behalf the administrator administers an account of the date of the last business day of the administrator's business year.
(14) 'Qualified higher deductible health plan' means a health coverage policy, certifi cate, or contract that provides for payments for covered benefits that exceed the higher deductible and that is purchased by an employer or an employee or an individual for the benefit of an employee or individual and the person's dependents, for whom the employer or the employee or the individual makes deposits into a medical care savings account. The qualified higher deductible health plan may participate in any managed care health program authorized by this title. A managed health care program shall not discriminate and must provide access to any individual, employee, employer, or organi zation that wants to participate.
(15) 'Trustee' means a federal or state chartered bank, savings bank, savings and loan association, credit union, insurance company, trust company, or any other entity au thorized to act as a fiduciary.
33-20A-4.
(a) For tax years beginning in the year 1996, an employer, except as otherwise provided by statute, contract, or a collective bargaining agreement, may offer a medical care sav ings account program to the employer's employees.
(b) An employer that offers a medical care savings account program shall inform all em ployees in writing of the federal and state tax status of contributions made pursuant to this chapter, before making the first contribution and then at least annually before mak ing the first contribution in any calendar year.
(c) Except as provided in Code Section 33-20A-5, principal contributed by or for the em ployee, interest earned on a medical care savings account, and money reimbursed to an employee for eligible medical expenses may be exempt from Georgia income tax as other wise provided by law.
(d) The account administrator shall utilize the funds held in a medical care savings ac count solely for the purpose of paying the eligible medical expenses of the employee or his or her dependents or to purchase or assist in the purchase of a health coverage policy, certificate, or contract, if the employer does not fully fund the qualified higher deductible health insurance plan. Funds held in a medical care savings account shall not be used to cover medical expenses of the employee or his or her dependents that are otherwise cov ered, including, but not limited to, medical expenses covered pursuant to an automobile

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JOURNAL OF THE SENATE

insurance policy, workers' compensation insurance policy, or self-insured plan or another health coverage policy, certificate, or contract.
(e) The employee may submit documentation of medical expenses paid by the employee during the tax year to the account administrator. The account administrator shall reim burse the employee from the employee's account for eligible medical expenses.
(f) If an employer makes contributions to a medical care savings account program on a periodic installment basis, the employer may advance to an employee, interest free, an amount necessary to cover medical expenses incurred that exceed the amount in the em ployee's medical care savings account when the expense is incurred, if the employee agrees to repay the advance from future installments or within 180 days from when he or she ceases to be an employee of the employer.
(g) Notwithstanding subsections (a) through (f) of this Code section and subject to subsec tion (i) of this Code section, an employee may withdraw money from his or her medical care savings account for any purpose other than a purpose described in subsection (d) of this Code section only on the last business day of the account administrator's business year. Money withdrawn pursuant to this subsection is income for the purposes of state and federal income taxation.
(h) Subject to subsection (i) of this Code section, if the employee withdraws money for any purpose other than a purpose described in subsection (d) of this Code section at any other time, all of the following apply:
(1) The amount of the withdrawal is income for the purposes of state income taxation in the tax year of the withdrawal;
(2) The administrator shall withhold, and on behalf of the employee shall pay, a pen alty to the state revenue commissioner equal to 10 percent of the amount of the with drawal; and
(3) Interest earned on the account during the tax year in which a withdrawal under this subsection is made is income for purpose of Code Section 48-7-27.
(i) Notwithstanding the provisions of subsection (h) of this Code section, the amount of a disbursement of any assets of a medical care savings account pursuant to a filing for protection under Title 11 of the United States Code, 11 U.S.C. Section 101, et seq., by an employee or person for whose benefit the account was established is not considered a withdrawal for purposes of this Code section and may be excluded from taxation if other wise authorized by law.
(j) Upon the death of the employee, the account administrator shall distribute the princi pal and accumulated interest of the medical care savings account to the estate of the employee.
(k) If an employee is no longer employed by an employer that participates in a medical care savings account program and the employee, not more than 60 days after his or her final day of employment requests in writing to the former employer's account administra tor that the account remain with that administrator and that account administrator agrees to retain the account, the money in the medical care savings account may be uti lized for the benefit of the employee or his or her dependents subject to this chapter and remain exempt from taxation pursuant to this chapter. Not more than 30 days after the expiration of the 60 days, if the account administrator reasonably does not accept the former employees' account, the employer shall mail a check to the former employee at the employee's last known address equal to the amount in the account on that day and that amount is subject to taxation pursuant to paragraphs (1) and (3) of subsection (h) of this Code section but is not subject to the penalty under paragraph (2) of subsection (h) of this Code section unless the former employee becomes employed with a different employer that participates in a medical care savings account program and the employee transfers his or her medical care savings account to that new employer's account administrator or the employee transfers his or her medical care savings account to an individual medical

THURSDAY, MARCH 14, 1996

1537

care savings account in which event the transferred amount is not subject to taxation or the provisions of subsection (h) of this Code section.
(1) After an employee reaches 60 years of age, withdrawals shall be permitted for eligible medical, dental, or long-term care expenses only.
33-20A-5.
(a) A person may deposit cash contributions to an individual medical care savings ac count provided that total yearly contributions shall be made on or before the fifteenth day of April of each year for the prior year and shall not exceed the higher deductible of a qualified higher deductible plan plus $1,000.00 which may be used towards the purchase of a qualified higher deductible insurance plan.
(b) The maximum allowable amount of yearly contribution for subsequent years may be increased annually by an amount not to exceed the higher deductible of the qualified higher deductible plan of the account holder and his or her dependents.
(c) Interest earned on an individual medical care savings account may be excluded as personal income for income tax purposes as otherwise provided by law except as provided in subsection (e) of this Code section.
(d) The individual medical care savings account shall be established as a trust and placed with an account administrator. The account administrator shall utilize the trust assets solely for the purpose of paying the medical, dental, and long-term care expenses of the account holder and for withdrawals under subsection (e) of this Code section.
(e) Individual medical care savings account funds may be withdrawn by the account holder at any time for any purpose, subject to the following restrictions and penalties:
(1) The higher deductible required for payment of covered benefits under the qualified higher deductible plan or 50 percent of the total amount in the account, whichever is greater, must be reserved at all times or accounted for in eligible deductible health care expenditures under the individual medical care savings account on an annual basis;
(2) There shall be a distribution penalty for withdrawal by the account holder of indi vidual medical care savings account funds not used for health care expenditures. Ac count funds or any portion thereof used as security for a loan shall be treated as distributed. Such penalty shall be 10 percent of the amount of interest earned as of the date of withdrawal on the account, and, upon such withdrawal, the interest earned during the prior tax year shall be subject to state income taxation; and
(3) When a person is no longer considered a legal dependent under a qualified higher deductible plan the account holder may withdraw, without penalty, the premium nec essary to purchase a new qualified higher deductible plan and subject to the limitation in paragraph (1) of this subsection funds to meet the higher deductible to establish an individual medical care savings account for the person no longer considered a legal dependent under the prior qualified higher deductible plan.
(f) Upon the death of the account holder, the account principal, as well as any interest accumulated thereon, shall be distributed to the decedent's estate and taxed as part of the estate as provided by law or distributed to the account holder's designated benefici ary or beneficiaries.
33-20A-6.
(a) Each person under this chapter is responsible for paying for his or her receipt of medical services at the point of service. A person may either make a cash or check pay ment and seek reimbursement, use a debit or credit card and seek reimbursement, or give an assignment of benefits.
(b) Each person is responsible for paying for his or her health care. Persons who have no insurance coverage or who have not met their deductible or copayment obligations are nevertheless responsible for all debts incurred for their health care. Those persons and

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JOURNAL OF THE SENATE

entities providing health services are encouraged to use the full force of the law to collect medical debts.
33-20A-7.
The Commissioner of Insurance shall report on or before the first day of January, 1997, to the Senate Committee on Health and Human Services, the Senate Committee on In surance and Labor, the House Committee on Health and Ecology, and the House Com mittee on Insurance all of the following:
(1) The availability of health care coverage under and market share of medical care savings account programs;
(2) Results of a survey of employer and employee satisfaction with medical care sav ings account programs; and
(3) The results of a loss ratio study relative to medical care savings account programs."
SECTION 4.
Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license applicants, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade ar eas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to resi dence and place of business;".
SECTION 5.
Said title is further amended by striking in its entirety subsection (b) of Code Section 3323-14, relating to minimum and maximum durations of probationary agent licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A probationary license may be issued fm a peiiod of not less than three munthb and nut longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing,"
SECTION 6.
Said title is further amended by striking in its entirety subsection (b) of Code Section 3323-31, relating to countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who resides iu lliih stale and is licensed pursuant to this article Code Section 33-23-5, except:
(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof;
(2) Any contract of property insurance upon property of railroad companies and other common carriers;
(3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier;

THURSDAY, MARCH 14, 1996

1539

(4) Any contract of reinsurance between insurers;
(5) Any contract of life or accident and sickness insurance; or
(6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 33-23-32, relating to commissions for countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new Code Section 33-23-32 to read as follows:
"33-23-32.
Except as provided in subsection (b) of Code Section 33-23-31, all insurance contracts on risks or property located or having a situs in this state must be countersigned by a resident an agent duly licensed in accordance with this chapter Code Section 33-23-5; and, if a licensed nonresident agent participates in the effectuation of such contract, the resi= dent agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis."
SECTION 8.
Said title is further amended by striking in its entirety subsection (o) of Code Section 3324-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and pro cedures for hearing before the Commissioner, and inserting in lieu thereof a new subsec tion (o) to read as follows:
"(o) An insured may file a miUmi lequest for a hearing before request a review by the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing Such request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal. and
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misslmier within ten days of the date of the hearing. A review of the cancellation or nonrenewal shall be conducted within 30 days of said request. The Commissioner shall notify the insured and the insurer of his or her decision within the 30 day period. During the pendency of such proceedings review, the policy shall continue in full force and effect and the Commissioner may order Uie iii&ui'ud to Lendyr any premiums due for such con tinued cuveiage to the GtmmiiahUmer to be held in escrow shall specify by rule or regula tion the method of payment of premium due and the disposition of premium refunds, if any. The Commissioner shall either order require that the policy be reinstated or re newed or may uphold the nonrenewal or cancellation and hliall ui Jer the disposition of
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1540

JOURNAL OF THE SENATE

and 'df> are authorized by law. the Commissioner determines that an insurer's cancella

tion or nonrenewal action constitutes an unfair act or practice, the Commissioner may

take action as authorized by this title?'

~

SECTION 9.

Said title is further amended by inserting a new Code section to be designated Code Section 33-21-29 to read as follows:
"33-21-29.

(a) As used in this Code section, the term:
(1) 'Enrollee' means any person entitled to receive health care services or reimburse ment for such services pursuant to a contract with a health maintenance organization, whether the contract is with the person entitled to receive those services or reimburse ment or the contract is with an employer, association, or other private group arrange ment of which such person is an employee or member.
(2) Toint-of-service option' means a delivery system that permits an enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the enrollee's con tract with the health maintenance organization.
(3) 'Provider' means a health care practitioner or a group of health care practitioners designated to provide health care services to the health maintenance organization's enrollees.
(4) 'Provider panel" means those providers with which a health maintenance organiza tion contracts to provide health care services to the health maintenance organization's enrollees.
(b) If an employer, association, or other private group arrangement offers health benefit plan coverage to employees or individuals only through a health maintenance organiza tion, the health maintenance organization with which the employer, association, or other private group arrangement is contracting for the coverage shall offer a point-of-service option to the employer, association, or other private group arrangement in conjunction with the health maintenance organization for an employee or individual at the em ployee's or individual's option to accept or reject.
(c) An employer, association, or other private group arrangement shall require an em ployee or individual who accepts the additional coverage under a point-of-service option to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization.
(d) A health maintenance organization may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the provider panel of the health maintenance organization.
(e) This Code section shall not apply to any health benefit plan to the extent preempted by federal law or to the Department of Medical Assistance with regard to any and all health benefits that department may provide pursuant to Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' nor shall this Code section apply to Chapter 9 of Title 34, relating to workers' compensation."

SECTION 10.

Said title is further amended by striking in its entirety Code Section 33-43-1, relating to definitions applicable to medicare supplement insurance, and inserting in lieu thereof a new Code Section 33-43-1 to read as follows:

THURSDAY, MARCH 14, 1996

1541

"33-43-1.
As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy, the proposed certificate holder.
(2) 'Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy.
(3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the insurer issuer.
(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care ser vice plans, health maintenance organizations, and any other entity delivering or issu ing for delivery in this state medicare supplement policies or certificates.
(5) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended.
(6) 'Medicare supplement policy" means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 ur Secliuii 1833 of the federal Social Security Act (42 U.S.C. Section 1395, et seq.) or an issued policy under a demonstration project authorized pursuant tu amendments to the fedeial Sucial Seuuiily Act specified in 42 U.S.C. Section 1395ss(g)(l), which is advertised, marketed, or designed primarily as a supplement to leimbm'sement reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare.
(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the insurer issuer."
SECTION 11.
Said title is further amended by striking in its entirety Code Section 33-43-2, relating to the applicability of said chapter, and inserting in lieu thereof a new Code Section 33-43-2 to read as follows:
"33-43-2.
(a) Except as otherwise specifically provided in Cade Section 33-43-4, this chapter shall apply to:
(1) All medicare supplement policies delivered or issued for delivery in this state on or after July 00, 1992 April 28, 1996; and
(2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state.
(b) This chapter shall not apply to a policy of one or more employers or labor organiza tions, or of the trustees of a fund established by one or more employers or labor organiza tions or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organizations.
(c) Except as provided under subsection (d) of Code Section 33-43-5, the The provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible per sons, which policies are not marketed or held to be medicare supplement policies or bene fit plans."

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SECTION 12.
Said title is further amended by striking in its entirety subsection (b) of Code Section 3343-3, relating to duplicate state benefits, policy standards, prohibited provisions, denial of claims, and preexisting conditions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other provision of this UQu Georgia law, a medicare supple ment policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or re ceived from a physician within six months before the effective date of coverage."
SECTION 13.
Said title is further amended by striking in its entirety subsection (d) of Code Section 3343-5, relating to insurer filing requirements, benefits, and loss ratio standards, and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) The Commissioner may prescribe by regulation for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages for all accident and sickness insurance policies sold to persons eligible for medicare, other than:
(1) Medicare supplement policies; or
(2) Disability income policies;.
\<j) JJclSiC, CflLiiSti'OpliiO, 01 u.lLJOi' ilicCiiCell cX.jjciiS6 pOllCitiS, 01'

SECTION 14.
Said title is further amended by striking in its entirety Code Section 33-1-9, relating to insurance fraud, venue of prosecutions, and penalties, and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9.
(a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing: in any written statement oi1 caitificdty, in the making of
ail a^j^jliiaLivjii lui o. ^J\jli\*y ul IUQLII'CIII^G, ill Llic ici;Giviiig 01 ibiidi apjliCcit>iOil, ui ill trie I'cCciViiig OI iiiOiicy Ivji 5Uili ei^s^fliC&LiOil, lui~ Llic pui'pOrie 01 ^jiOv^uiiilj^ *ji aLLcHlipLnig IAJ pi\jv*uic Llie ^fayiiiGiilj ul c^ii,y laloc Oi li'ciuuuiciil Clcillll UJ' ciii iilsui~^l ,
(A) In any written statement or certificate;
(B) In the filing of a claim;
(C) In the making of an application for a policy of insurance;
(D) In the receiving of such an application for a policy of insurance; or
(E) In the receiving of money for such application for a policy of insurance
for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer;
(2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit;
(3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or

THURSDAY, MARCH 14, 1996

1543

(4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudu lently obtaining money or benefit from an insurer
commits the crime of insurance fraud.
(b) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed.
\CJvJ-7 JiXCSpt 3.S plrOVitl6Cl 111 p&i'&^r&^il \j OX tlllS SUDS^CtiOilj H pfil'SOil COilViCWJd 01 3.
V1013.tlOli 01 SUDSttCtlOii \SL) OI Lllife UOuti S^CLiOil 113.11 Dei j^Uilt^ Ot it iiliSu611163.11Ol'.
\.) WriGi'G tii6 clfliiiij DGiiGTit, 01* mousy iTMGiGi*r|Gd to in suDs^ctioii \o.) 01 tiiiS oodti section
XCccd& ii.il t^i'c^fl.t^ OT tpuuU.UU, S j^tbi'SOil COiiViCtfiu 01 SL ViOlfltiOil OI SUDSGCtiOH \t/ Or
tins uods section siitill DC ^jiiiity o* t^reiOiiy tiid siiflicii 06 puiiifcricidDy imprisonment
lOr ilOt leSS tlici.il Oilc ii01T more tll3H live yeSTS, Oi' Dy <i iliiti^ 01 OOt lUOFc "Xiiaii ipOjUUU.UUj 1 J_1.
Or DUL11.
SECTION 15.
Said title is further amended by inserting after subsection (d) of Code Section 33-1-16, relating to investigation of fraudulent insurance act, a new subsection (d.l) to read as follows:
"(d.l)(l) In addition to the immunity granted in paragraph (3) of subsection (d) of this Code section, persons employed by an insurer whose responsibilities include the inves tigation and disposition of claims relating to suspected fraudulent insurance acts may share information relating to persons suspected of committing fraudulent insurance acts with other employees employed by the same or other insurers whose responsibili ties include the investigation and disposition of claims relating to fraudulent insurance acts. Unless the employees of the insurer act in bad faith or in reckless disregard for the rights of any insured, neither the insurer nor its employees are civilly liable for libel, slander, or any other relevant tort, and a civil action shall not arise against the insurer or its employees:
(A) For any information related to suspected fraudulent insurance acts provided to an insurer; or
(B) For any information relating to suspected fraudulent insurance acts provided to the National Insurance Crime Bureau or the National Association of Insurance Commissioners.
(2) The qualified immunity against civil liability conferred by paragraph (1) of this subsection on any insurer or its employees shall be forfeited with respect to the ex change or publication of any defamatory information with third persons not expressly authorized under paragraph (1) of this subsection to share in such information."
SECTION 16.
Said title is further amended by inserting after subsection (a) of Code Section 33-9-3, relat ing to application of certain provisions regarding regulation of rates, underwriting rules, and related organizations, a new subsection (a.l) to read as follows:
"(a.l) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter."
SECTION 17.
Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding thereto a new Code Section 16-9-61 to read as follows:

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"16-9-61.
(a) A person commits the offense of insurance fraud when he or she violates the provi sions of Code Section 33-1-9.
(b)(l) Except as provided in paragraph (2) of this subsection, any person who commits the offense of insurance fraud shall be guilty of a misdemeanor.
(2) Where the value or potential value of any claim, money, or other benefit involved in a violation of Code Section 33-1-9 exceeds an aggregate of $500.00, any person who commits the offense of insurance fraud shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both."

SECTION 18.

(a) This section and Section 19 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 14,15, and 17 of this Act shall become effective July 1,1996, and shall apply with respect to conduct or offenses committed on or after that effective date and shall not apply to or affect conduct or offenses committed prior to that effective date.
(c) Sections 10 through 13 of this Act shall become effective April 28, 1996.
(d) Sections 1 through 9 of this Act and Section 16 of this Act shall become effective July 1, 1996.
SECTION 19.

All laws and parts of laws in conflict with this Act are repealed. Senators Taylor of the 12th and Walker of the 22nd offered the following amendment:

Amend the Senate committee substitute to HB 1404
by striking on pages 17 and 18, Section 9 in total and renumbering all remaining sections of the substitute.

On the adoption of the amendment, the yeas were 40, nays 0, and the Taylor, Walker amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thompson

THURSDAY, MARCH 14, 1996

1545

Turner Tysinger

Those not voting were Senators:

Abernathy (excused) Hooks (excused conferee) Perdue (presiding)

Ray (excused conferee) Slotin

Thomas (excused) Walker (excused conferee)

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 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.
Senate Sponsor: Senator Johnson of the 1st.
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 March 8, 1996

The Honorable Terrell Starr, Chairman Senate Finance and Public Utilities Committee State Capitol, Room 420-C Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1589 (LC 18 7633ERS)

Dear Chairman Starr:
This Bill would provide credits against Georgia income taxes for taxpayers whose expendi tures upon the modification of manufacturing processes or the construction or expansion of water conservation facilities result in a 10 percent or greater reduction in State-permitted groundwater usage. It would also provide a continuing income tax credit for a taxpayer's shift of at least 10 percent of permitted groundwater use to water purchased from a conser vation facility. Finally, the Bill would exempt from the sales and use tax the machinery and equipment purchased for incorporation into a water conservation facility. The credits and exemption could be claimed only by taxpayers whose purchases or shifted water use had been certified by the Department of Natural Resources as necessary for public manage ment of water sources. Such certification, in turn, would be granted only in areas of the State where, over several years, consumption of groundwater had been showing signs of pushing on or past the limits of sustainable use.
1. The investment tax credit. The investment tax credit would become available to a taxpayer in the taxable year following that in which a purchased modification, construction, or expansion was put into service and in which the taxpayer initiated a 10 percent or greater relinquishment or transfer of permitted groundwater use. The amount of the credit would vary with the size of the investment project. It would start at 10 percent of the investment for projects from $50,000 to $500,000 and thereafter would drop in steps reaching 5 percent for projects of $1 million or more. Since any investment would be aimed at saving gallons

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of groundwater rather than at saving dollars on inputs, the usual impacts which a purchase of assets has on long-term net returns and even on complementary employment of workers would be minimal or non-existent. The State would then be able to recoup the revenue drain from credits only through additional tax collections driven by short-lived direct and indirect economic effects of a taxpayer's expenditures.
In view of the wide variation in permitted groundwater withdrawals, investments in con servation would have to be concentrated among major users of groundwater in order to make relinquishments or transfers of 10 percent immediately significant for overall water management. To achieve large-scale reductions, large projects generally would be re quired. Credits of 5 percent would then predominate. Taking a $1 million investment in 1997 as an illustration, the Bill would award the taxpayer making the outlay with a $50,000 income tax credit for use in tax-year 1998 or later years. Of course, an expenditure of $1 million for conservation would do more than yield credits. It would also add to eco nomic activity at once and locally and, indirectly, later and farther away. Using national data as a guide, roughly 50 to 65 percent of a $1 million investment would boost activity in Georgia directly and roughly 60 to 70 percent of that boost would be added indirectly through chains of supply and responding. Such increased activity would generate addi tional revenues for the State. In fact, within a period of no more than two years, a $50,000 State revenue loss through income tax credits would be overcome by a total induced gain in assorted State collections of approximately $60,000 to $70,000.
2. The Reduced Water-Usage Income Tax Credit. Should a taxpayer replace permitted groundwater gallonage with gallonage purchased from a water conservation facility, the Bill would afford the taxpayer an income tax credit of $0.0001 per annual gallon replaced. To qualify, the taxpayer would have to "shift" at least 10 percent of the prior (but post July, 1996) permitted groundwater usage. The tax credit would become available in the fourth tax-year following the taxable year in which the shift was accomplished.
To illustrate the impact of the reduced usage credit, it may be supposed that the Depart ment of Natural Resources designated the Savannah metro area as one threatened by overconsumption of groundwater. A shift in 1997 by the area's industrial users of groundwater could generate annual tax credits for use in tax-year 2001 and following years of as much as $150,000. For such credits, 1.5 billion annual gallons of groundwater permits would have been freed. Across an economy like Georgia's, the per capita water use is presently about 0.3 million gallons per year. Consequently, the credit-induced release would give room for extensive activation of otherwise-profitable developments which had been dis placed earlier by prospects of over-consumption of groundwater. Of course, it would take time for businesses to be persuaded that future supplies of water would be both adequate and secure. But, in the four years while the $150,000 of credits matured, an economic expansion of a business-household mix involving between 100 and 200 new workers would be all that was needed to push the State's revenues past the earned credits. Since the Savannah metro area would have a private employment base of about 100,000 from which to move, new developments at a level sufficient to provide full compensation of the credits in the tax-year 2001 would seem highly probable.
3. The Sales Tax Exemption. The exemption from sales and use taxes of machinery and equipment incorporated in water conservation facilities certified by the Department of Nat ural Resources would become effective on July 1, 1996. The cost of the exemption to the State would depend upon the volume of certified investment and the proportion of the in vestment going to machinery and equipment. Based upon the national composition of busi ness purchases, an investment of $1 million would likely involve a loss of revenue to the State of about $20,000. This loss would be borne earlier than the total investment could spur economic activity. Nonetheless, for each investment of $1 million, the $20,000 in sac rificed sales tax revenues would later be approximately offset by the net revenue advantage produced by business expenditure as depicted in the illustration for the investment tax credit.

THURSDAY, MARCH 14, 1996

1547

4. Overall Impact of the Bill. Taking the two separate income tax credits and the sales tax exemption into account, the bill would prove to be roughly neutral in its impact upon the State's revenues. This is the outcome of the examination of illustrative instances of conser vation spending and of usage shifts. Importantly, the neutrality of the Bill depends upon a strict limitation of certification by the Department of Natural Resources to areas where signs of groundwater overuse have persisted long enough to have impinged upon development.
Sincerely,
Isi Claude L. Vickers State Auditor
Isi Tim Burgess, 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 Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1589 (LC 11 8967S)
Dear Chairman Buck:
This Bill would provide a credit against Georgia income taxes for manufacturers who con struct or expand certain water conservation facilities or who modify certain water-related manufacturing processes. To qualify, the investments would have to be of at least $1 mil lion and would have to result in at least a 10 percent relinquishment or transfer of annual ground-water usage permitted by the Department of Natural Resources. Such adjustments in usage would come from increased water-efficiencies in manufacturing processes, from recycling of ground water used in existing processes, or from a substitution of surface water for ground water. The credit would equal 10 percent of the taxpayer's cost of a facility or technological investment placed in service in a taxable year. It would be available to tax payers who had operated a manufacturing or manufacturing support facility in Georgia for the three immediately preceding years or to taxpayers who would lease a water conserva tion facility for five or more years. The taxpayer could use the credit to reduce by as much as half the income-tax liability of any taxable year. Unused credits could be carried for ward for up to ten years.
Besides the investment credit, the Bill would provide an income tax credit for the purchase of water from a qualified water conservation facility suffficient for a 10 percent or greater relinquishment or transfer of permitted annual ground-water usage. The tax credit would be $0.0001 per gallon of the relinquished or transferred annual ground-water authoriza tion, would apply in each taxable year after the one in which the water purchases were initiated, would cover no more than 50 percent of the taxpayer's liability in any one year, and would allow carry-forward for up to ten years.
Along with the investment and water-purchase credits, the Bill would offer an exemption from the State's sales and use tax. Purchases no longer taxable would be those of invest ment property for incorporation into a water conservation facility accomplishing a 10 per cent or greater relinquishment or transfer of permitted ground-water usage.
Without controlled experiment, the powers of the credits to promote investment and shifts in source are not readily ascertained. Of course, if the credits were not offset by induced

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additions to taxable income, the Bill would be revenue-losing. The tax credits would simply reach past the investment in water conservation and bolster the profits of enterprise within or beyond the manufacturing industry.
For a qualifying investment of $1 million, one (or several) financial participants would gain income tax credits totaling $100,000. These credits could be exhausted in the first year. To compensate for the revenues lost from their use, annual taxable incomes of about $205,000 (assuming a ten-year investment life and inflation of 4 percent) would have to be generated by the conservation properties. Even larger incomes would be required if the sales tax exemptions were to be offset as well. A $205,000 annual income would represent approxi mately a 21 percent return on investment. This would be far above the 9 to 16 percent return on equity that marked the Nation's 500 largest industrial corporations over the 1980-1993 period. At the other extreme, were the credits utilized in equal installments for 10 years, an annual return of about 17 percent would be required for the State to break even. Since the investments would be oriented toward water use rather than toward over all productivity and profitability, such high rates of yield would be most improbable. Should the investment outlay itself be a net addition to business spending in Georgia rather than a substitution, the direct and indirect boosts in income taxes coming from the new $1 million outlay could be consequential. Yet, they would still fall $20,000 to $30,000 short of covering the $100,000 direct loss which the credit guarantees.
The Bill would occasion additional annual revenue losses tied to the relinquishment or transfer of ground-water authorizations and the accompanying purchases of water. Unlike investment, this restraint on ground-water use would involve no counteractive (albeit in sufficient) income stimulus. If all industrial users of ground water in Georgia were to re duce ground-water usage by 10 percent, the annual user credit would be approximately $3 million. Almost a one percent rise in manufacturer's taxable incomes would be necessary to compensate. But, no forces would be stirred to provide such a boost. Of course, the incentives would not secure universal participation of manufacturers and so the annual cost of the credit would be lower. Nevertheless, the revenue loss would remain largely unmitigated.
If the tax incentives served to release water for potential users currently denied access to ground-water sources, the credits might be thought to generate offsetting revenue in creases through the induced immigration of households and businesses. However, nothing in the Bill insures that containments of 10 percent (or more) would occur before or while the credits were being claimed. The containments have not been given a time dimension. Furthermore, the Bill calls only for 10 percent (or more) relinquishments or transfers. It does not require reductions. Finally, the whole purpose underlying the proposed credits is to lower ground-water use to a level that protects the sources from risks of saline intrusion. The proposal is not intended to reduce ground-water use in one activity so as to make it available for another activity.
Despite some possible revenue support from investment, the credits in the Bill would likely have a substantial and continuing negative impact on the State's revenues. Certainly the income-tax credits for water purchase and the sales-tax exemption for investment property lack potential for self-compensation.
Sincerely,
/s/ Claude L. Vickers
State Auditor
/s/ Tim Burgess, Director
Office of Planning and Budget

THURSDAY, MARCH 14, 1996

1549

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1589:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for income tax credits for water conservation facilities and qualified water conservation investment property and for reductions, trans fers, and shifts from ground-water usage; to provide for definitions and the terms, condi tions, and procedures relating to such credits; to provide for a sales and use tax exemption for the sale of certain machinery and equipment used for water conservation purposes or qualified water conservation facility purposes; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding immediately following Code Section 48-7-40.9, relating to certain in come tax credits, new Code sections to read as follows:
"48-7-40.10.
(a) As used in this Code section, the term:
(1) 'Machinery and equipment' means all tangible personal property used directly in a minimum 10 percent reduction in permit by relinquishment or transfer of annual per mitted water usage from existing permitted ground-water sources.
(2) 'Qualified water conservation investment' means all spending by a taxpayer for use in this state for the modification of existing manufacturing processes, for the construc tion of a new water conservation facility, or for the expansion of an existing water conservation facility provided that such modification, construction, or expansion re sults in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources and has been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use sig naled by declines in ground-water pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource.
(3) 'Water conservation' means a minimum 10 percent reduction in permit by relin quishment or transfer of annual permitted water usage from existing permitted ground-water sources due to increased efficiencies or recycling of water which results in reduced ground-water usage, or a change from a ground-water source to a surfacewater source or an alternate source.
(4) Water conservation facility' means any facility, buildings, and machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing ground-water sources, provided that up to 10 percent of any building that is a component of a water conservation facility may be used for office space to house support staff for the operation.
(b) Any taxpayer who financially participates in qualified water conservation investment in this state shall be allowed a credit against the tax imposed under this article in the taxable year following that in which the modified manufacturing process or the new or expanded water conservation facility has been placed in service and in which the tax payer has initiated a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources, this credit shall have a maximum carry forward often years, provided that such property

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remains in service, that the reduction in permit is maintained, and that the property continues to be used by the taxpayer. The amount of the credit allowed under this Code section shall be a percentage of the taxpayer's qualified water conservation investment. For projects of $50,000.00 to $499,999.00, the credit for such taxpayer shall be 10 per cent; for projects of $500,000.00 to $799,999.00, the credit shall be 8 percent; for projects of $800,000.00 to $999,999.00, the credit shall be 6 percent; and for projects of $1 million or more, the credit shall be 5 percent. The amount of the credit which may be used in any tax year shall not exceed 50 percent of that year's tax liability as determined without regard to any other credits.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the modified manufacturing process or the new or expanded water conservation facility must not be placed in service before January 1, 1997. The credit may be only taken with respect to qualified water conser vation investment in a project costing $50,000.00 or more. For every year in which the taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's in come tax return setting forth as a minimum the following information:
(A) The amounts, dates, and nature of the qualified water conservation investments which have allowed a modified manufacturing process or a new or expanded water conservation facility to be placed in service in the prior taxable year;
(B) The amount and date of reduction in permitted ground-water usage occurring as a result of this investment;
(C) The amount of tax credit claimed for these investments for the current taxable year;
(D) The amounts of qualified water conservation investment reported for tax years preceding the prior taxable year;
(E) The amounts of tax credit which have been utilized in prior taxable years;
(F) The amounts of tax credit which has been carried over from prior years;
(G) The amounts of tax credit allowed under this Code section being utilized by the taxpayer in the current taxable year; and
(H) The amounts of tax credit to be carried over to subsequent years;
(2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project completed with the qualified water conservation investment had an aggregate cost of $50,000.00 or more. The taxpayer shall also include a copy of the certification by the Department of Natural Resources under paragraph (2) of this Code section;
(3) Any lease for a period of five years or longer of any real or personal property result ing from qualified water conservation investment shall be treated as qualified water conservation investment by the lessee. The taxpayer may treat the full value of the leased property as qualified water conservation investment in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met;
(4) The utilization of the credit granted in this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on assets acquired by the tax payer, nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation; and
(5) If, after receiving approval for the water conservation credit, the annual permit for water usage from the same ground-water source is increased, any unused credits will expire immediately.

THURSDAY, MARCH 14, 1996

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48-7-40.11.
(a) As used in this Code section, the term:
(1) 'Qualified water conservation facility" means any facility including buildings, ma chinery, and equipment used in the water conservation process provided:
(A) The use of the facility results in reduced ground-water usage or utilizes a sur face-water source; and
(B) The use of the facility has been certified by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in ground-water pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource.
(2) 'Shift from ground-water usage' means a minimum 10 percent transfer of annual permitted ground-water usage from ground-water sources due to the purchase of water from a qualified water conservation facility.
(b) In the case of a taxpayer which first shifts from ground-water usage during a taxable year, there shall be allowed an annual credit against the tax imposed under this article starting in the fourth taxable year following the taxable year in which the shift from ground-water usage occurs. The amount of the credit shall be computed as follows:
(1) The amount of the credit allowed under this Code section shall be $0.0001 per gal lon of the total gallons of relinquished and transferred annual ground-water permit issued after July 1, 1996; and
(2) The amount of the credit which may be used in any tax year shall not exceed 50 percent of that year's tax liability as determined without regard to other credits.
(c) The credit granted under this Code section shall be subject to the following conditions and limitations:
(1) For every year in which the taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's income tax return setting forth as a minimum the following information:
(A) The ground-water usage permitted the taxpayer in the first permit issued after July 1, 1996;
(B) The ground-water usage permitted the taxpayer in the tax year four years earlier than the current tax year;
C) The ground-water usage permitted the taxpayer in the current year; and
(D) The credit utilized by the taxpayer in the current year;
(2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include a copy of the certification by the De partment of Natural Resources under paragraph (2) of subsection (a) of this Code sec tion; and
(3) If, after receiving approval for the water conservation credit, the annual permit for water usage from the same ground-water source is increased, eligibility to use such credits shall expire immediately."
SECTION 2.
Said title is further amended by adding after paragraph (36) of Code Section 48-8-3, relat ing to sales and use tax exemptions, the following:
"(36.1XA) The sale of machinery and equipment which is incorporated into any qual ified water conservation facility and used for water conservation.
(B) As used in this paragraph, the term:

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(i) 'Qualified water conservation facility' means any facility, including buildings, and any machinery and equipment used in the water conservation process result ing in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. In addition, such facility shall have been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consump tion at, near, or above sustainable use signaled by declines in ground-water pres sure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of grow ing inadequacy of the existing resource.
(ii) Water conservation' means a minimum 10 percent reduction resulting in the relinquishment of transfer of annual permitted water usage from existing groundwater sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source.
(C) Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax;".

SECTION 3.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such ap proval and shall be applicable to all taxable years beginning on or after January 1,1997.
(b) Section 2 of this Act shall become effective on July 1, 1996.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts
Day Dean Edge Egan
Farrow

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

Marable McGuire
Middleton Newbill
Oliver Pollard Ragan Ralston
Scott Starr Stokes
Tanksley Taylor Thompson Turner

THURSDAY, MARCH 14, 1996

1553

Those not voting were Senators:

Abernathy (excused) Black Hooks (excused conferee)

Perdue (presiding) Ray (excused conferee) Slotin

Thomas (excused) Tysinger Walker (excused conferee)

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

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. Senate Sponsor: Senator Edge of the 28th.
The Senate Consumer Affairs Committee offered the following substitute to HB 1525:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Appraisers Board shall approve instructors of education courses for appraiser classifications and may require that instructors receive special instruction; to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to provide for methods of payment of fees; to provide for additional fees in cases where checks received by the board are returned unpaid; to change provisions of the law relating to real estate brokers and salespersons; to change the definition of certain terms; to provide qualifications for a community association manager's license; to change the provisions relating to nonresident licenses; to provide that the Georgia Real Estate Commission, in its discretion, may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without ob taining a license in Georgia, provided that such other state affords the same opportunities to Georgia licensees; to change the provisions relating to license fees; to change the provi sions relating to the granting, revocation, or suspension of licenses; to provide conditions under which a community association manager's license may be denied, revoked, or sus pended; to provide that a community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's license except under certain circum stances; to change the provisions relating to the trust or escrow checking account for a real estate business; to provide that the commission may require that each broker who provides community associaton management services under this Act and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance; to provide certain requirements with respect to such fidelity bonds or fidelity insurance; to provide that certain trust or escrow checking account provisions shall apply to community association managers; to prohibit certain conduct or activities of community association managers; to provide for sanctions; to provide certain exceptions under such chapter with respect to community association management serv ices; to change the provisions relating to certain exemptions; to require persons who pro vide community association management services to be licensed; to provide for the granting of a broker's license to certain corporations, partnerships, or limited liability companies engaged solely in providing community association management services; to provide cer tain qualifications with respect to the issuance of such licenses; to provide for related mat ters; to provide for the automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end of Code Section 43-39A-8, relating to the establishment of real estate appraiser classifications which comply with federal law, a new subsection (e) to read as follows:
"(e) An instructor in any education course approved by the board must also be approved by the board and, where the board deems necessary, receive any special instruction that the board may require."
SECTION 2.
Said title is further amended by striking in their entirety subsections (e) and (k) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof new subsections (e) and (k) to read as follows:
"(e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service. The board, through its rules and regulations, may estab lish standards for the filing of applications and fees by electronic means or by courier services?'
"(k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classifica tion, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or
(2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board:; or
(3) Submits to the board a check that is returned unpaid."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable under said title, and inserting in lieu thereof a new Code Section 4340-1 to read as follows:
"43-40-1.
As used in this chapter, the term:
(1) 'Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.
(2) 'Broker' means any person who. for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another:
(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the list ing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon;
(B) Holds himself or herself out as a referral agent for the purpose of securing pros pects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate;
(C) Collects rents, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds;
(D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable

THURSDAY, MARCH 14, 1996

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consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof;
(E) Engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information con cerning such real estate to brokers, or both;
(F) Auctions or offers or attempts or agrees to auction real estate;
(G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;
(H) Performs property management services or community association management services;
(I) Provides or attempts to provide to any party to a real estate transaction consult ing services designed to assist the party in the negotiations or procurement of pros pects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or
(J) Advertises or holds himself or herself out as engaged in any of the foregoing.
(3) 'Commissioner' means the Georgia Real Estate Commission.
(4) 'Commissioner' means the real estate commissioner.
(4.1) 'Community association' means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an inci dent of ownership within the development, such as condominiums, cooperatives, home^ owner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.
(4.2) 'Community association management services' means the provision, for a valua ble consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, col lecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.
(4.3) 'Community association manager' means a person who acts on behalf of a real estate broker in providing only community association management services?
(5) 'Licensee' means any person who is licensed as a community association manager, salesperson, associate broker, or broker.
(5.1) 'Ministerial acts' means those acts related to real estate brokerage activities which a licensee or a licensee's ercployee~performs and which do not require discretion or the exercise of the licensee's own judgment.
(6) 'Person' means individuals, corporations, limited liability companies, and partnerships.
(7) 'Property management services' means the provision, for a valuable consideration, to another of marketing, including referring prospective tenants; leasing; physical, ad ministrative, or financial maintenance; and overall management of real property; or supervision of the foregoing activities for another pursuant to a property management agreement.
(8) 'Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land.
(9) 'Real estate' means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. 'Mobile home,' as used in this paragraph,

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means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.
(10) 'Salesperson' means any person, other than an associate broker, who acts on be half of a real estate broker in performing any act authorized by this chapter to be performed by the broker."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new Code Section 43-40-8 to read as follows:
"43-40-8.
(a) In order to qualify for a community association manager's license, an applicant must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Furnish evidence of completion of at least 25 in-class hours in a community associa tion manager's course or courses of study approved by the commission; and
(5) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers who provide community association management services and community association managers af ter completing the requirements of paragraph (4) of this subsection.'
(aXb) In order to qualify for a salesperson's license, an applicant must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Furnish evidence of completion of at least 75 in-class hours in a salesperson's course or courses of study approved by the commission; and
(5) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers and salesper sons after completing the requirements of paragraph (4) of this subsection.
Failure to meet any of these requirements shall be grounds for denial of license without a hearing.
(faXc) In order to qualify for a broker or associate broker's license, an applicant must:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Have served actively for three years as a licensed salesperson licensee;
(5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant must furnish evidence of completion of an additional 75 inclass hours in courses or a course of study approved by the commission; and
(6) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers after complet ing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure.

THURSDAY, MARCH 14, 1996

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Failure to meet any of the these requirements shall be grounds for denial of license with out a hearing.
(cXd) Upon being issued an original salesperson's license, each salesperson shall be re quired to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The com mission, in its discretion, may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the icense in the following manner:
(1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessions, required exercises, or examinations;
(B) Produces a medical doctor's certification of incapacitation which caused the licen see to be unable to complete all in-class sessions and the examination; or
(C) Has not completed the course or the examination due to cancellation of the course by the approved school
may reinstate the license by completing the course within six months of the lapsing of the license.
(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) (b) of this Code section and must complete 25 in-class hours of instruction approved~By the commission before making application to rein state such license.
ftrXe) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least six hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive sta tus shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.
(eW) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
(fXg) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(gXh) The commission may prepare and distribute to licensees under this chapter educa tional material deemed of assistance in the conduct of their business.
fhXi) The commission, through its rules and regulations, shall establish standards for the offSRng of the prelicense education courses required by this chapter by methods of in struction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering

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of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."
SECTION 5.
Said title is further amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commis sion within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability com pany, or corporation until said partnershp, limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;"
SECTION 6.
Said title is further amended by striking in its entirety subsection (e) of Code Section 4340-9, relating to nonresident licenses, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Notwithstanding any other provision of this Code section, a licensed broker of anotFer state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such bro ker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(iXA) For procedures to be followed in the event of the out-of-state broker's performing~ahy of the acts of a broker on real property located in Georgia;
(2KB)) How the brokers will divide any earned commissions;
(8)(C) That any listing or property management agreement for Georgia real property in wHich the out-of-state broker will participate shall be in the name of the Georgia broker;
(4)(D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;
(5XE) That any advertisement by any means of Georgia real property shall identify theTTsting Georgia broker;
(6XF) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission;; that said contract, agreement, or offer shall be construed under Georgia law;; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;

THURSDAY, MARCH 14, 1996

1559

fr)(G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and
f&XH) Such other matters as the commission may require by rule and regulation.
(2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of otEer states to permit persons licensed in those states to conduct real estate brokerage Business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 43-40-12, relating to license fees, and inserting in lieu thereof a new Code Section 43-40-12 to read as follows:
"43-40-12.
(a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rulemaking authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his or her own fees.
(b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an exami nation, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(c) Prior to the issuance of an original license, each applicant who has passed the exami nation required by Code Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance.
(d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license re newed. When renewing a license, a broker must complete a form prescribed by the com mission regarding the status of such broker's trust account or accounts and any trust account or accounts that the broker allows affiliated licensees to maintain. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or condi tions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed.
(e) Applications and fees must be filed personally in the commission's offices during regu lar business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. The commission, through its rules and regulations, may establish standards for the filing of applications and fees by electronic means or by courier services.
(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all re newal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examina tion administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or

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JOURNAL OF THE SENATE

courses which the commission may require. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in Code Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original applicant if such nonresident licensee has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection fd) (e) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) (e)) of Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connec tion with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licen see wishes to act; and a broker must make application to the commission prior to resum ing brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education require ment for activating a license on inactive status shall not apply to licensees who meet the continuing education requirement of subsection (d) (e) of Code Section 43-40-8 in each renewal period that they are on inactive status nor toTTcensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia.
(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licen see's license shall be lapsed. Licensees whose licenses were placed on inactive status
priui1 tO Jllly J., J.i7Ou, Slicill i ci~il&iil SLLDjGuL \AJ Llic uOiiuitiOiiS Ivji' ica^/LivciLiiig Clicii" IiOci^bcs
wliiCll wcj~c 111 elicit cLL Lllc LuXic? Llicy ^IcLCcu Lllcil~ IiCctilS
i&c pliCcCl Oii iildCtiVc stcttub )ji lui tO Jlily J., J/i/ot*, wliiOli lldS uccu ui will Ofi v/ii
&Lc:lLLL5 IG1~ d pcl~iGu wl live j'ctn'S Oi IGilgci" Sllclll Uii lci^/&cd, ^?i~OViuc^u tlifit, il >UCiJt
scclvS I'tJiiiSteltciiicill WiLlinl ten jceiii 01 plcidilg o. II^GLI^G Oil iiiiCtivc aLaLuo, LIic
shall be allowed to reinstate the license uiulei1 the teims Llie law permitted at ! the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days.
(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25.
(j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesper son. No examination shall be required of a licensed broker or associate broker who sur renders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licen see shall be required to pay the same fee as an original applicant.

THURSDAY, MARCH 14, 1996

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(k) Should a license be suspended or revoked, as provided for by this chapter, said sus pension or revocation shall prevent the licensee from making either application as set out in subsection (j) of this Code section.
(1) Any school approved to offer required education courses under this chapter and in structors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any edu cational course or courses which the commission may require.
(m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;
(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and
(3) Fails to respond within 14 days to a written inquiry from the commission request ing further information on any application the licensee has filed with the commission:; and
(4) Submits to the commission a check that is returned unpaid.
(n) Whenever a licensee who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such licensee's residence or place of business, the commission may extend such licensee's renewal period for up to two years without further payment of any fee by the licensee upon satisfactory proof of the licensee's uninsured major damage or loss. The commission is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applica tions filed by applicants and licensees located in counties designated as disaster areas by state or federal authorities."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in lieu thereof a new Code Section 43-40-15 to read as follows:
"43-40-15.
(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulat ing the sale of real estate.
(b)(l) As used in this Code section, the term:
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any

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crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(2) Where an applicant for a community association manager's license or a salesper son's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been con victed thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such conviction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
(A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(B) No criminal charges are pending against the applicant; and
(C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.
(c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such con viction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter.
(d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license.
(e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.
(f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee.
(g) Whenever the commission initiates an investigation as permitted by Code Section 4340-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
(1) Surrendered or voluntarily surrenders the license to the commission;
(2) Allowed or allows the license to lapse due to failure to meet educational require ments provided by law; or
(3) Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before

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the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) Whenever any occupational licensing body of this state, any other state, or any for eign country has sanctioned the license of an applicant for a salesperson's, associate biokef's, or broker's any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. When ever any occupational licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for a salesperson's, associate broker's, or broker's any license authorized by this chapter or whenever such an applicant has allowed a li cense to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if:
(1) At least ten years have passed since the date that the applicant's occupational li cense was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.
(i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's convic tion unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of the licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter.
(j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a li censee surrenders a real estate license as provided for in subsection (g) of this Code sec tion, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section."
SECTION 9.
Said title is further amended by striking in its entirety subsection (d) of Code Section 4340-19, relating to change of place of business or transfer of salesperson or associate broker, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community associaton man ager's license except as provided in subsection (c) of this Code section."

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SECTION 10.
Said title is further amended by striking in their entirety subsections (c) and (h) of Code Section 43-40-20, relating to trust or escrow checking account for real estate business, and inserting in lieu thereof new subsections (c) and (h) to read as follows:
"(c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made biennially
GT tt SUCli tiiUG ~LS trkfi" COlllilllSSlOil 01 &y Ctil^Ct UJjOii I'cicl&OliciDIti CciUfcii. 1.116
may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the The commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations, in In lieu of an the renewal period examination by a duly authorized representative of the commission:, the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts."
"(h) Community association managers, salespersons, Galespei sons or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affili ated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the appli cable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account."
SECTION 11.
Said title is further amended by adding between Code Sections 43-40-22 and 43-40-23 a new Code Section 43-40-22.1 to read as follows:
"43-40-22.1.
(a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or dis burses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being man aged by the broker against loss of any funds belonging to those community associations being held or controlled by the broker.
(b) The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet.
(c) Each broker providing community association management services shall maintain a copy of any mandatory fidelity bond or fidelity insurance policy and a current certificate of each such bond or insurance policy showing current coverage, shall provide a copy thereof to the community association, and shall produce a copy thereof at the reasonable request of the commission or any of its agents for their inspection."

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SECTION 12.
Said title is further amended by striking in its entirety Code Section 43-40-25, relating to violations by licensees, schools, and instructors, and inserting in lieu thereof a new Code Section 43-40-25 to read as follows:
"43-40-25.
(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to re voke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appro priate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, includ ing, but not limited to, the following:
(1) Because of race, color, religion, sex, disability, familial status, or national origin:
(A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negoti ate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person;
(B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith;
(C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination;
(D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or
(E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate;
(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted;
(3) Failing to account for and remit any money coming into the licensee's possession which belongs to others;
(4) Commingling the money or other property of the licensee's principals with the licen see's own;
(5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all par ties having an interest in said funds have agreed otherwise in writing;
(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct

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profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction;
(7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license;
(8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker;
(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent without the written con sent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing;
(12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent;
(13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof any other contract or agree ment with another principal;
(14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker;
(15) Indicating that an opinion given to a potential seller, purchaser, landlord, or ten ant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title;
(16) Performing or attempting to perform any of the acts of a licensee on property lo cated in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage;
(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chap ter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the com mission was earned and at the time of such person's death; or
(B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country;
(18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to

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deliver to the buyer a complete statement showing all money received in said transac tion from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files;
(21) Making any substantial misrepresentations;
(22) Acting for more than one party in a transaction without the express written con sent of all parties to the transaction;
(23) Failure of an associate broker, or salesperson , or community association manager to place, as soon after receipt as Is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licen see's licensed broker;
(24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists;
(25) Having demonstrated incompetency to act as a real estate broker ui salesperson licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which consti tutes dishonest dealing;
(26) Obtaining an exclusive listing, or sales contract, or management agreement from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; provided, however, that notwithstanding the provi sions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors;
(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection;
(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction;
(29) Conducting the closing of any real estate transaction by any licensee except a bro ker unless the licensee acts under the supervision of the broker under whom such li censee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker;
(30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; or
(31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties:;
(32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; or
(33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management serv ices without the express written consent of that association to do so.
(b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanc tion which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a

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licensee to comply with or to obey a final order of the commission may be cause for sus pension or revocation of the individual's license after a hearing.
(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnership or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction.
(d) Whenever a community association manager, a salesperson, or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson, or associate broker."
SECTION 13.
Said title is further amended by striking in its entirety subsection (a) of Code Section 4340-29, relating to exemptions to operation of title, and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) Except as otherwise provided, this chapter shall not apply to:
(1) Any person who, as owner, as the spouse of an owner, as general partner of a lim ited partnership, as lessor, or as prospective purchaser or their regular employees, per forms any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are per formed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as de fined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989;
(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(3) A licensed practicing attorney acting solely as an incident to the practice of law;
(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument;
(5) Any officer or employee of a government agency in the conduct of official duties;
(6) Any person employed by a public or private utility who performs any act with refer ence to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the manage ment of such property and the investment therein;
(7) Any person who, as owner or through another person engaged by such owner on a full-time basis, provides property management services or community association management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;
(8) Any person employed on a full-time basis by the owner of property for the purpose of providing property management services or community association management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property;
(8.1) Any person employed on a full-time basis by a community association for the purpose of providing community association management services;

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(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who:
(A) Does not receive a fee for such referral from the party being referred;
(B) Does not charge an advance fee; and
(C) Does not act as a referral agent in more than three transactions per year;
(10) Any individual employed by a broker to assist in the management of property management services on property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are explicitly authorized by the broker in a written agree ment between the broker and the employee and provided that such activities are lim ited to one or more of the following:
(A) Delivering a lease application, a lease, or any amendment thereto to any person;
(B) Receiving a lease application, a lease, or any amendment thereto, a security de posit, rental payment, or any related payment for delivery to and made payable to the broker or the owner;
(C) Showing a rental unit to any person, provided that the employee is acting under the direct instructions of the broker, and executing leases or rental agreements
uwnci ui uiOtiei tii&y [JiOviCler, ui Llic LCIIII& uiiClci wliiCll tlic piG^/^i \jy iiiciy uc Icct&cCl;
(D) Providing, without any veibal representations as to its content.!), wiitten infor mation prepared authorized by the broker 01 previously expressly approved by the broker about a rental unit, a lease application, or a lease;
(E) Providing information to a tenant about the status of such tenant's security de posit or rent payments or to an owner about the owner's financial accounts and pay ments from the owner's tenants; and
(F) Performing physical maintenance on a property any ministerial acts that are explicitly authorized by the broker in a written agreement between the broker and the employee.
Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; or
(11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions:
(A) The property manager enters into a written agreement with the owner specifying all terms and conditions under which the property is to be managed, the reporting of income and expenses, and the remitting of income to the owner;
(B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement between the property manager and the guest or occupant is not a lease or rental agreement;
(C) Any applicable zoning laws do not prohibit short-term occupancy uses of the property;
(D) The guest's or occupant's occupancy is for less than 90 days;
(E) No deposit exceeds the cost of the rental required for the minimum rental period;
(F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any re quired state or local business licenses or permits;
(G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy;

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(H) No extra charge is made for basic utilities;
(I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title; and
(J) The room or unit is not the permanent residence of the guest or occupant:;
(12) Any person who is a member of a community association and who provides com munity association management services only to one community association of which such person is a member;
(13) Any person who performs only physical maintenance on a property; or
(14) Licensed certified public accountants who perform only such duties as identified in subparagraph (c) of paragraph (2) of Code Section 43-40-1."
SECTION 14.
Said title is further amended by adding after Code Section 43-40-30.1 a new Code Section 43-40-30.2 to read as follows:
"43-40-30.2.
(a) Any person, except the designated officer, partner, or member of a firm as provided below, providing community association management services as defined in paragraph (4.2) of Code Section 43-40-1 must obtain any license required by this chapter by January 1, 1997. The commission may grant a broker's license to a corporation, partner ship, or limited liability company engaged solely in providing community association management services, provided that such corporation, partnership, or limited liability company designates a qualifying broker no later than July 1, 1997. In order to be granted a broker's license prior to designating a qualifying broker, such corporation, partnership, or limited liability company must first designate an officer, if a corporation; a partner, if a partnership; or a member, if a limited liability company, to sign any docu ments and applications that must be filed with the commission and to disburse trust funds from the firm's designated trust account or accounts as may be required by any contracts or agreements authorizing the firm to hold such trust funds. Any person who seeks to be the qualifying broker of a firm providing community association management services and who was not previously licensed as a broker or qualifying broker must by July 1, 1997:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Furnish evidence of three years of experience in actively providing community asso ciation management services under a written contract prior to qualifying to take the broker's examination;
(5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and
(6) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers after complet ing the requirements of paragraph (5) of this subsection.
(b) This Code section shall be repealed in its entirety effective July 2, 1997."
SECTION 15.
All laws and parts of laws in conflict with this Act are repealed.
Senator James of the 35th offered the following amendment:
Amend the Senate Consumer Affairs Committee substitute to HB 1525 by adding the word "and" at the end of line 14 of page 6.

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By striking the semicolon at the end of line 17 on page 6 and inserting in lieu thereof a period.
By striking lines 18 through 24 on page 6 which read as follows: "and

(5) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers who provide com munity association management services and community association managers after completing the requirements of paragraph (4) of this subsection."
By adding the word "and" at the end of line 31 on page 32.

By striking the semicolon from the end of line 35 on page 32 and inserting in lieu thereof a period.
By striking in their entirety lines 36 through 41 on page 32 and lines 1 and 2 on page 33 which read as follows:
"(5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and
(6) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection."
On the adoption of the amendment, Senator James of the 35th called for the yeas and nays. The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Cheeks Egan Griffin Harbison

James Johnson of 2nd Oliver Ragan

Scott Starr Taylor

Those voting in the negative were Senators:

Black Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Day Edge

Farrow Glanton Gochenour Guhl Henson Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Pollard Ralston Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy (excused) Balfour Brown of 26th Dean Gillis (presiding)

Hill Hooks (excused conferee) Perdue Ray (excused conferee)

Slotin Stokes Thomas (excused) Walker (excused conferee)

On the adoption of the amendment, the yeas were 11, nays 32, and the James amend ment to the committee substitute was lost.
Senators Johnson of the 1st and Edge of the 28th offered the following amendment:
Amend the Senate Consumer Affairs Committee substitute to HB 1525 by striking in their entirety lines 33 through 35 on page 31 which read as follows:
"(14) Licensed certified public accountants who perform only such duties as identified in subparagraph (c) of paragraph (2) of Code Section 43-40-1.'",

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and inserting in lieu thereof the following:

"(14) A licensed certified public accountant or registered public accountant acting solely

as an incident to the practice of public accounting.'"

~~

On the adoption of the amendment, the yeas were 33, nays 0, and the Johnson, Edge amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Egan Griffin

James Ragan

Starr

Those not voting were Senators:

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

Hooks (excused conferee) Perdue
Ray (excused conferee)

Slotin Thomas (excused)
Walker (excused conferee)

On the passage of the bill, the yeas were 41, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Edge of the 28th moved that Senator Crotts of the 17th be excused due to business in the House. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused.

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. Senate Sponsor: Senator Langford of the 29th.
The Senate Insurance and Labor Committee offered the following amendment:

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1573

Amend HB 1494 by striking line 1 of page 2 and inserting in lieu thereof the following:
"(A) No lost-time claims for the most recent year, a 12 2".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy (excused) Black Broun of 46th Crotts (excused) Gillis (presiding)

Henson Hooks (excused conferee) Johnson of 1st Perdue

Ray (excused conferee) Slotin Thomas (excused) Walker (excused conferee)

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

HB 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. Senate Sponsor: Senator Land of the 16th.
Senators Hill of the 4th and Gillis of the 22nd offered the following amendment: Amend HB 1399 by inserting after the word "to" on line 3 of page 1 the following:
"revise and change an exemption from sales and use tax regarding the sale of certain types of agricultural machinery; to". By adding between lines 29 and 30 on page 1 the following:
"SECTION 3.
Said Code section is further amended by striking subparagraph (I) of paragraph (29) and inserting in its place a new subparagraph (I) to read as follows:
'(I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in

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tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sole to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term "farm crops" includes only those crops which are planted and harvested within a 12 month period; and'".
By striking from line 30 on page 1 the following: "3",

and inserting in lieu thereof the following: "4".

On the adoption of the amendment, the yeas were 34, nays 0, and the Hill, Gillis amendment to HB 1399 was adopted.
Pursuant to Senate Rule 143, action on HB 1399 was suspended, and the bill was placed on the General Calendar.

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.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy (excused) Broun of 46th Crotts (excused) Egan Gillis (presiding)

Hill Hooks (excused conferee) Johnson of 1st Lamutt Perdue

Ray (excused conferee)
Slotin Thomas (excused) Walker (excused conferee)

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:

THURSDAY, MARCH 14, 1996

1575

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.

The House amendment was as follows: Amend SB 567 on line 12 of page 3 by inserting after the word "to" the following:
"the acquisition of. By deleting the word "general" on line 20 of page 3 and inserting in lieu thereof the following:
"governmental". Senator Starr of the 44th moved that the Senate agree to the House amendment to
SB 567. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston Scott Starr Tanksley Taylor Turner

Those not voting were Senators:

Abernathy (excused) Broun of 46th Crotts (excused) Egan Gillis (presiding) Henson

Hooks (excused conferee) Oliver Perdue Ray (excused conferee) Slotin

Stokes Thomas (excused) Thompson Tysinger Walker (excused conferee)

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 567.
Senator Harbison of the 15th moved that Senator Broun of the 46th be excused due to business with the Governor. On the motion, the yeas were 29, nays 0; the motion pre vailed, and Senator Broun of the 46th was excused.
The Calendar was resumed.

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen
Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow 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 Scott Starr Tanksley Taylor Thompson Turner

Those not voting were Senators:

Abernathy (excused) Black Broun of 46th (excused) Crotts (excused)
Gillis (presiding)

Hooks (excused conferee) Perdue
Ray (excused conferee) Slotin

Stokes Thomas (excused)
Tysinger Walker (excused conferee)

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

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.
Senate Sponsor: Senator Farrow of the 54th.

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

Those voting in the affirmative were Senators:

Balfour
Boshears Bowen
Brown of 26th Burton Cagle Cheeks

Clay
Day Dean
Edge Egan Farrow Glanton

Gochenour
Griffin Guhl
Harbison Henson Hill James

THURSDAY, MARCH 14, 1996

1577

Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan

Ralston Starr Tanksley Taylor Thompson Turner

Those not voting were Senators:

Abernathy (excused) Black Blitch Broun of 46th (excused) Crotts (excused) Gillis (presiding)

Hooks (excused conferee) Langford Perdue Ray (excused conferee) Scott

Slotin Stokes Thomas (excused) Tysinger Walker (excused conferee)

On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
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:

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

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

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

Those not voting were Senators:

Abernathy (excused) Black Blitch Crotts (excused) Gillis (presiding)

Hooks (excused conferee) Langford Perdue Ray (excused conferee)

Slotin Stokes Thomas (excused) Walker (excused conferee)

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

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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.
Senate Sponsor: Senator Harbison of the 15th.

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

Those voting in the affirmative were Senators:

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

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

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Tanksley Turner Tysinger

Those not voting were Senators:

Abernathy (excused) Blitch Brown of 26th Crotts (excused) Gillis (presiding) Hooks (excused conferee)

Kemp Langford Perdue Ray (excused conferee) Slotin

Stokes Taylor Thomas (excused) Thompson Walker (excused conferee)

On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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. Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 1197:

A BILL
To be entitled an Act to provide for certain offenses relating to employees of the persons in the custody of the Department of Children and Youth Services; to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, so as to

THURSDAY, MARCH 14, 1996

1579

increase minimum penalties for aggravated assault and aggravated battery against per sons known to be employees of the Department of Children and Youth Services; to provide for related matters; to provide for applicability; to provide an effective date; to amend Chapter 4A of Title 49 of the Official Code of Georgia annotated, relating to children and youth services, so as to provide that assisting a child committed to the Department of Chil dren and Youth Services to escape the department's control or custody, harboring an es caped child, and hindering the apprehension of an escaped child are felony offenses; to provide for the felony offenses of providing contraband to a child under the custody of the department and possession of contraband by a child of 17 or older under the control of the department; to provide for delinquency petitions for children younger than 17 under the custody of the department possessing contraband; to provide penalties; to provide for re lated matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, is amended by striking in its entirety subsection (e) of Code Section 16-5-21, relat ing to aggravated assault, and inserting in lieu thereof the following:
"(e)(l) As used in this subsection, the term 'correctional officer' shall include superintend ents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment.
(2) A person who knowingly commits the offense of aggravated assault upon a correc tional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (e) of the Code Sec tion 16-5-24, relating to aggravated battery, and inserting in lieu thereof the following:
"(e)(l) As used in this subsection, the term 'correctional officer' shall include superintend ents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment.
(2) A person who knowingly commits the offense of aggravated battery upon a correc tional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years."
SECTION 3.
Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety Code Section 49-4A-11, relating to assisting a child to escape, harboring an escaped child, and hindering the apprehension of an escaped child, and inserting in lieu thereof the following:
"49-4A-11.
(a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody

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JOURNAL OF THE SENATE

shall be guilty of a inisdemeanoi felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years.
(b) Any person who shall knowingly harbon_or shelter, eiitertaiii, or encourage any child or youth who has escaped the lawful custody~or control of the department shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years!
(c) Any person who shall knowingly hinder the apprehension of any child under the law ful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a nris= deuieanui felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years!
(d) Any person who shall knowingly provide to any child under the lawful control or custody of the department a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule 111 controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel without the consent of the director of the institution providing care and supervision to the child shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(e) Any child who shall knowingly possess a gun, pistol, or any other weapon, any intoxi cating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled sub stance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel given to said child in violation of subsection (d) of this Code section while under the lawful custody or con trol of the department shall cause the department to file a delinquency petition in the court having jurisdiction; provided, however, if such person is 17 or older and is under the lawful custody or control of the department, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years."

SECTION 4.

This Act shall be effective July 1, 1996 and shall apply to offenses committed on or after that date.

SECTION 5.

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:

Balfour Black Boshears Bowen

Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Day

THURSDAY, MARCH 14, 1996

1581

Dean Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hill

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

Those not voting were Senators:

Abernathy (excused) Blitch Gillis (presiding) Hooks (excused conferee)

Kemp Langford Perdue Ray (excused conferee)

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

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 President resumed the Chair.

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.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Transportation Committee offered the following substitute to HB 1243:
A BILL
To be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to regulation of maintenance and use of public roads, so as to change the height limitations for vehicles transporting motor vehicles on certain public roads; to au thorize automobile carriers of a specific length and configuration to be used on certain high ways; to define a certain term; to establish the 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; to provide that such limitations on the de partment shall be in effect only for a specific period of time; to provide for the applicability of such limitations on the 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, is amended by striking in its entirety Code Section 32-6-22, relating to height of vehicles and loads, and inserting in lieu thereof a new Code Section 32-6-22 to read as follows:

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"32-6-22.
(a) Except as authorized in subsection (b) of this Code section and except when so author ized by a permit issued pursuant to Code Section 32-6-28, no vehicle unladen or with a load shall exceed a height of 13 feet, six inches.
(b) On highways which constitute a part of the National System of Interstate and De fense Highways as such term is used in 23 U.S.C. Section 127 and ramps or service streets which provide reasonable access thereto, no vehicle transporting motor vehicles (commonly known as automobile carriers) unladen or with a load shall exceed a height of 14 feet."
SECTION 2.
Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 32-6-24, relating to length of vehicles and loads, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3)(A) Except as provide in subparagraph (B) of this paragraph, vehicles Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length; provided, however, an automobile carrier with a stinger steered unit shall be allowed a maximum length of 75 feet exclusive of overhang. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to automobile carriers.
(B)(i) As used in this subparagraph, the term 'designated highways' means any high ways which are designated for use by oversized vehicles pursuant to the federal Sur face Transportation Assistance Act of 1982 (Public Law 97-424), as amended, and commonly referred to as the 'National Network' and the state designated routes pro viding reasonable access to such highways as provided for in the federal Surface Trans portation Assistance Act of 1982, as amended, and federal rules and regulations promulgated thereunder and which are within 60 driving miles of the point of manu facture or assembly of the motor vehicles which the load comprises.
(ii) On designated highways, vehicles transporting motor vehicles (commonly called automobile carriers) with a stinger steered unit shall not exceed an overall length of TOO feet including any overhang, and no unit of such vehicle shall exceed an overall length of 56 teet exclusive of any overhang. Subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to such automo bile carriers."
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Duration and limits of permits.
(1) Annual. The commission or an official of the department designated by the commis sioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits speci fied in this article. However, except as specified in subsection (c) of this Code section, an annual permit shall not authorize the operation of a vehicle:
(A) Whose total gross weight exceeds 100,000 pounds;
(B) Whose single axle weight exceeds 25,000 pounds;
(C) Whose total load length exceeds 75 feet;
(D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or
(E) Whose height exceeds 14 feet and six inches.

THURSDAY, MARCH 14, 1996

1583

Furthermore, an annual permit to operate a vehicle which exceeds a the height limita tions set forth in Code Section 32-6-22 of 13 feet and six. inches shall "BTissued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the depart ment, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs, or other highway structures damaged by a vehicle operat ing under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators.
(2) Single trip. Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 32-6-133, relating to regulation of granting of commercial driveway permits, and inserting in its place a new Code Section 32-6-133 to read as follows:
"32-6-133.
(a) The department is granted the authority to promulgate uniform and reasonable regu lations to carry out the provisions of this part. In making such regulations the depart ment shall specify among other things the circumstances under which commercial driveway permits may be issued or revoked, provided that such regulations shall not deprive the landowner of reasonable access to the public road on the state highway system.
(b)(l) Where a person seeks a permit to construct, reconstruct, alter, or improve a com mercial driveway and the commercial driveway will lie in whole or in part upon a par cel of land acquired for the state highway system from such person or the immediately preceding owner of such property from whom such person acquired title to such prop erty, the total amount of money charged to such person as a condition of obtaining the permit shall not exceed the compensation received by such person or the immediately preceding owner of such property from whom such person acquired title to such prop" erty for such parcel of land upon its acquisition for the state highway system. This limitation shall apply to the total of all amounts of money of whatever character charged to such person as a condition of obtaining the permit, including without lim tetion any and all amounts charged for title to or use of land and any and all fees or other costs of any nature whatsoever. This subsection shall constitute only a max> mum limitation upon the total amount of money charged under such circumstances and shall not in any manner be construed to establish a minimum amount of money to be charged under such circumstances.
(2) The limitation of the department to require a payment of more than the maximum amount received for such property as provided in paragraph (1) of this subsection shall last for only a ten year period from the date of the initial acquisition of property by the department.
(3) This subsection shall apply with respect to land acquired for the state highway system prior to its effective date as well as land so acquired on or after the effective date of this subsection."
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.
Senators Dean of the 31st, Crotts of the 17th and Ralston of the 51st offered the follow ing amendment:
Amend the Senate Transportation Committee substitute to HB 1243 by striking from line 38 on page 4 the word "The" and inserting in lieu thereof the following:
"Except in the case of heirs and assigns, the".
On the adoption of the amendment, the yeas were 30, nays 0, and the Dean, Crotts, et al, amendment to the committee substitute was adopted.
Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th offered the following amendment:
Amend the committee substitute to HB 1243 by striking on lines 1 through 3 of page 1 and on lines 18 through 20 of page 1 the following:
"Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads,",
and inserting in place thereof the following:
"Title 32 of the Official Code of Georgia Annotated, the 'Georgia Code of Public Transportation,'".
By adding after the semicolon on line 13 of page 1 the following:
"to create the Georgia Transportation Oversight Committee of the General Assembly and provide for its powers, duties, and operation;".
By replacing the word "chapter" with the word "title" on line 4 of page 2, on line 2 of page 3, and on line 2 of page 4.
By renumbering Sections 5 and 6 as Sections 6 and 7 and inserting a new Section 5 to read as follows:
"SECTION 5.
Said title is further amended by adding a new Chapter 11 to read as follows:
'CHAPTER 11
32-11-1.
The Georgia Transportation Oversight Committee is created to be composed of eight members. Four of such members shall be members of the Senate, consisting of the chairperson of the Senate Committee on Transportation, who shall cochair the oversight committee, the chairperson of the Senate Committee on Appropriations, the chairperson of the Transportation Subcommittee of the Senate Committee on Appropriations, and the chairperson of the Senate Committee on Rules. Four of such members shall be members of the House of Representatives, consisting of the chairperson of the House Committee on Transportation, who shall cochair the oversight committee, the chairperson of the House Committee on Appropriations, the chairperson of the Transportation Subcommittee of the House Committee on Appropriations, and the chairperson of the House Committee on Rules. 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 chairpersons of the above-referenced committees and subcommittees. Other than the cochairpersons provided for by this Code section, the committee shall provide for its own organization. In the event there is a duplication in the membership, the presiding officer will make the appointment. 32-11-2.
The committee shall undertake an annual review of transportation issues, area and state-wide transportation improvement plans, and the allocation of funds apportioned to

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Georgia under the Intermodal Surface Transportation Efficiency Act of 1991 and make recommendations to the State Transportation Board and the Department of Transporta tion concerning the plans, the allocation and expenditure of Intermodal Surface Trans portation Efficiency Act funds, and any actions or legislation which the committee deems necessary or appropriate.
32-11-3.

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 chapter. The mem bers of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees.'"
On the adoption of the amendment, the yeas were 23, nays 11, and the Thompson, Taylor amendment to the committee substitute was adopted.
Senator Henson of the 55th offered the following amendment:
Amend the committee substitute to HB 1243
by striking "ten" and insert "seven" on line 41 of page 4.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Egan

McGuire

Tanksley

Those not voting were Senators:

Abernathy (excused) Cheeks Clay

Hooks (excused conferee) Johnson of 1st Slotin

Thomas (excused) Walker (excused conferee)

On the adoption of the amendment, the yeas were 45, nays 3, and the Henson amend ment to the committee substitute was adopted.
Senator Blitch of the 7th offered the following amendment:
Amend the committee substitute to HB 1243
by striking all of Section 2 on page 2 and renumbering subsequent sections, and by strik ing on page 1, lines 3 through 6 and inserting in lieu thereof:

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"use of public roads; to define"
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 Blitch Boshears Brown of 26th

Egan Griffin Henson Newbill

Scott Tanksley Tysinger

Those voting in the negative were Senators:

Balfour Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Guhl Harbison James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy (excused) Clay Hill

Hooks (excused conferee) Johnson of 1st Slotin

Thomas (excused) Walker (excused conferee)

On the adoption of the amendment, the yeas were 11, nays 37, and the Blitch amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 32, 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:

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

Griffin Guhl 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 Stokes Tanksley Taylor Thompson Turner Tysinger Walker

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1587

Those voting in the negative were Senators:

Blitch Boshears

Brown of 26th Starr

Those not voting were Senators:

Abernathy (excused) Clay

Hooks (excused conferee) Langford

Slotin Thomas (excused)

On the passage of the bill, the yeas were 46, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Henson of the 55th moved that Senator Farrow of the 54th be excused.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Farrow of the 54fh was excused.

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. Senate Sponsor: Senator Harbison of the 15th.
Senators Henson of the 55th, Burton of the 5th, Edge of the 28th and Dean of the 31st offered the following amendment:
Amend HB 1736 by striking line 14 of page 1 and inserting in lieu thereof the following:
"such information; to provide for rules and regulations; to amend an Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of certain drivers from the requirement for a learner's permit while taking instruction from a licensed driving in structor, so as to remove the automatic date of repeal or "sunset" date of said Act; to provide for effective dates; to".
By inserting between lines 30 and 31 of page 2 the following:
"SECTION 1A.
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.
The Act shall be repealed in its entirety July 1, 1996.'
SECTION IB.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 1 of this Act shall become effective on July 1, 1996."
On the adoption of the amendment, the yeas were 30, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

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

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

Those not voting were Senators:

Abernathy (excused) Boshears Farrow (excused) Guhl

Hooks (excused conferee) James Slotin

Tanksley Taylor Thomas (excused)

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

HB 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.
Senate Sponsor: Senator Madden of the 47th.

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

Those voting in the affirmative were Senators:

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

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

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

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1589

Those not voting were Senators:

Abernathy (excused) Black Boshears Farrow (excused)

Glanton Hooks (excused conferee) James Marable

Perdue Slotin Thomas (excused)

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

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 House substitute was as follows:
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, manufacture, trans port, distribute, possess with intent to distribute, or offer to distribute a destructive device, detonator, or hoax device; to provide that it shall be unlawful knowingly to provide such devices to any such person or to a person who has been adjudicated mentally incompetent or mentally ill; to provide that it shall be unlawful to distribute certain materials to per sons 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 certain 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 agencies, so as to provide for the training and certification of bomb technicians, explosive ordnance dispo sal technicians, and animal handlers; to provide for certain intergovernmental assistance agreements; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 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;

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(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;
(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
fvr) (vii) 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 16-7-57;
(O (D) 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 (b)(2)(C) of Code Section 15-11-5."
SECTION 2.
Title 16 of the Official Code of Georgia Annotate, relating to crimes and offenses, is amended by striking in their entirety Code Sections 16-7-63 and 16-7-64, relating to crimi nal possession of explosives and criminal possession of an explosive device, 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

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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."
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 Tjiological 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 an 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 adju dication 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; a poison gas; a mine; a Molotov cocktail; or any other device which is substan tially similar to such devices;
(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 pistol, rifle, or shotgun suitable for sport ing or personal safety purposes or ammunition; 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 device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense;
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; or
(E) Any combination of parts either designed or intended 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.

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(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 capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredi ents in such proportions or quantities that ignition, fire, friction, concussion, percus sion, or detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a compo nent of a destructive device.
(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 no 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 damage.
(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;

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(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. 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) ANFO (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.

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(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). (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.

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(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. (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).

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(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-nitroglycerine mixture. (121) Monopropellants. (122) NIBTN (nitroisobutametriol trinitrate). (123) Nitrate sensitized with gelled nitroparaffin. (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.

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(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). (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,-rinitramine; 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).

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(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). (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.

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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, poison gas, 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 he or she knows or should know is under indictment for or has been convicted of a felony by a court of this state, any other state, the United States including its territo ries, possessions, and dominions, or a foreign nation; or
(2) Who he or she knows or should know has been adjudicated to be mentally incompe tent or mentally ill by a court of this state, any other state, or the United States including its territories, possessions, and dominions.
(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 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) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 845, may apply to the Board of Public Safety for relief from the disabilities imposed by this Code section in the same manner as is provided in subsection (d) of Code Section 16-11-131. The Board may grant such relief under the same standards and conditions as apply to firearms.
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 of 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

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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 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 paragraph (1) or (2) 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 tire 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:

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(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 that there has been an attempt or a conspiracy to commit such a violation, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the same power to compel the attendance of witnesses and the production of evidence before such official in the same manner as the state fire marshal as provided in Code Sections 25-2-27, 25-2-28 and 25-229.
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 a person is acting in accordance with such laws and any regulations issued pursuant thereto;
(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 defined 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 reloading components thereof;
(9) Commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and fric tion primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or
(10) An explosive which is lawfully possessed in accordance with the rules adopted pur suant to Code Section 16-7-95.

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16-7-94.
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 Commis sioner of Agriculture.
16-7-95.
(a) All property which is subject to forfeiture pursuant to paragraph (9) of subsection (a) of Code Section 16-13-49 which is, directly or indirectly, used or intended for use in any man ner to facilitate a violation of this article or any proceeds derived or realized therefrom shall be considered contraband. 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. A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes any of the provisions of subsection (e) of 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, 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.
16-7-96.
(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.
16-7-97.
The provisions of this article shall not apply to:
(1) Fertilizers, propellant actuated devices, or propellant activated industrial tools manu factured, imported, distributed, or used for their intended purposes; or
(2) 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."
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:

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"(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 16-7-80.
(ii) 'Explosive' means an explosive as such term is defined by Code Section 16-7-80.
(iii) Tneami' '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 Sec tion 16-7-gQT
(2) 'Hazardous substance' means a hazardous substance as such term is defined by Code Section 12-8-92.
(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 woulcTendanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believing 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 conviction thereof, shall be punished by imprisonment for not less than one year 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:
"(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;
f-frrD (6) 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;

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(6) (7) 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;
(?) (8) 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;
(9) (10) Public safety directors of municipal corporations;
(11) Explosive ordnance disposal technicians, as such terms is defined by Code Section T6"-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 dutiesT
(i6) (12) State and federal trial and appellate judges;
(13) United States Attorneys and Assistant United States Attorneys;
) (14) County medical examiners and coroners and their sworn officers employed by county government; and
(19) (15) Clerks of the superior courts."
SECTION 7.
Said title is further amended by striking in its entirety subsection (c) of Code Section 16-12123, 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 or similar explosive 01 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."
SECTION 8.
Said title is further amended by striking in its entirety division OXAXvi) 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:

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"35-8-25.
(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 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.

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(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 of his or her duties in the political subdivisions in which he or she is normally employed."

SECTION 11.

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 12.

All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 636.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill 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 Turner Tysinger Walker

Those not voting were Senators:

Abernathy (excused) Blitch Egan
Farrow (excused)

Hooks (excused conferee) James Slotin

Taylor Thomas (excused) Thompson

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 636.
The Calendar was resumed.

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. Senate Sponsor: Senator Cheeks of the 23rd.

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

Gillis Glanton Gochenour Griffin Guhl Henson Hill 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy (excused) Blitch Harbison

Hooks (excused conferee) James Slotin

Taylor Thomas (excused)

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

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

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

SB 368. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, known as the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other require ments of said chapter; to repeal a certain definition.

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JOURNAL OF THE SENATE

The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and others:
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 House insists on its position in substituting the following bills of the Senate:
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.
SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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

THURSDAY, MARCH 14, 1996

1609

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.
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 Calendar was resumed.
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. Senate Sponsor: Senator Guhl of the 45th.
Senator Black of the 53rd offered the following amendment:
Amend HB 1331 by renumbering Section 2 as Section 4, by striking all matter on lines 1 through 14 of page 1, and inserting in lieu thereof the following:
"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 driv ers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the requirement of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons; to provide for dissemina tion of information with respect to organ donors; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-5-22, relating to persons not to be li censed, a new subsection (d) to read as follows:
'(d) On and after January 1, 1997, the department shall not issue any new Class M driver's license or new Class M commercial driver's license to any person unless such person presents a certificate or other evidence acceptable to the department which indi cates satisfactory completion of a motorcycle operator safety training program approved by the board; but this requirement shall not apply with respect to renewal of a previously issued license.'
SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 40-6-315, relating to headgear and eye-protective devices for motorcycle riders, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) No person under the age of 21 shall operate or ride upon a motorcycle unless he such person is wearing protective headgear which complies with standards established by the Board of Public Safety.'

1610

JOURNAL OF THE SENATE

SECTION 3.

Said title is further amended by adding at the end of subsection (d) of Code Section 40-5-25, relating to driver's license applications, a new paragraph (3) to read as follows:".
Senator Oliver of the 42nd asked for a ruling by the President as to the germaneness of the Black amendment.
The President ruled that the Black amendment was not germane.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGuire Newbill Oliver Perdue Pollard Ralston Ray Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy (excused) Cagle Hooks (excused conferee)

James Middleton Ragan

Scott Slotin Thomas (excused)

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

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.
Senate Sponsor: Senator Clay of the 37th.
The State Senate and Local Governmental Operations Committee offered the follow ing amendment:
Amend HB 1366 by striking lines 31 through 33 on page 1 and inserting in lieu thereof the following:
"where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee plans to participate in the meeting if the meeting is otherwise open to the public; provided, however, it shall not be grounds to contest any actions of the board, body, or committee as provided in Code Section 50-14-1 if a member participates from a location other than the location listed in the notice. At a minimum, the notice shall list one specific location where the public can participate in the meeting if

THURSDAY, MARCH 14, 1996

1611

the meeting is otherwise open to the public. The notice shall further conform with the provisions of 'due notice' as provided in Code Section 50-14-1. Any".
By adding at the end of line 1 of page 2 the following:
"listed in the notice or".
By striking from lines 33 and 34 on page 2 the following:
"the public, including specifically but without limitation".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour 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 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
Thompson Turner
Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Black Hooks (excused conferee)

James Slotin

Thomas (excused)

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

HB 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.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Griffin Harbison Henson Hill Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

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

Those not voting were Senators:

Black Gochenour Guhl Hooks (excused conferee)

James Perdue Slotin

Taylor Thomas (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 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.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Science, Technology and Industry Committee offered the following amendment: Amend HB 1221 by striking from lines 9 and 10 of page 2 the following:
"not less than $10,000 and not more than". On the adoption of the amendment, the yeas were 31, nays 0, and the committee
amendment to HB 1221 was adopted. Senator Langford of the 29th offered the following amendment:
Amend HB 1221 by adding at the end of line 8 of page 1 the following: "amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to fire safety standards applicable to certain buildings and structures, so as to provide for com pliance standards in the event of conflict between certain codes and standards; to".
By adding between lines 35 and 36 on page 2 the following:
"SECTION 2.

Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to fire safety stan dards applicable to certain buildings and structures, is amended by adding a new subsec tion at the end thereof, to be designated subsection (g), to read as follows:

THURSDAY, MARCH 14, 1996

1613

'(g) Notwithstanding any other provision of law or any local ordinance to the contrary, in the event of a conflict between any code or standard of the National Fire Protection Asso ciation (National Fire Code and National Electric Code) and of the Standard Building Code Congress (Southern Standard Building Code), the code or standard of the National Fire Protection Association (National Fire Code and National Electric Code) shall pre vail. The order of precedence established by this subsection shall apply to all buildings and structures whether or not such buildings and structures are covered under this Code section.' "
By designating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.
By striking from line 37 on page 2 the following: "said",

and inserting in lieu thereof the following:
"Section 1 of this".
On the adoption of the amendment, the yeas were 31, nays 0, and the Langford amendment to HB 1221 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ray Starr Stokes Tanksley Taylor Turner Tysinger Walker

Voting in the negative were Senators Cheeks and Glanton.

Those not voting were Senators:

Hill Hooks (excused conferee) James

Ralston Scott Slotin

Thomas (excused) Thompson

On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

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". Senate Sponsor: Senator Marable of the 52nd.

1614

JOURNAL OF THE SENATE

The Senate Education Committee offered the following amendment:
Amend HR 769 by striking lines 10 through 15 of page 2 and inserting in lieu thereof the following:
"The committee shall be comprised of 14 members, three each appointed by the Speaker of the House of Representatives and the President of the Senate. The remaining eight members shall be the chairpersons of the House and Senate Education and Appropria tions Committees, two members appointed by the State School Superintendent, and two members appointed by the Governor, one of whom shall also serve as a member of the School Improvement Panel."
Senators Taylor of the 12th and Brown of the 26th offered the following amendment:
Amend the Senate Committee amendment to HR 769 by striking lines 5 through 12 of page 1 and inserting in lieu thereof the following:
"'The committee shall be comprised of 12 members, three each appointed by the Speaker of the House of Representatives and the President of the Senate. The remaining six members shall be the chairpersons of the House and Senate Education and Appropria tions Committees and two members appointed by the State School Superintendent.'"
On the adoption of the amendment, the yeas were 29, nays 0, and the Taylor, Brown amendment to the committee amendment was adopted.
On the adoption of the amendment, the yeas were 0, nays 35, and the committee amendment was lost.
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 Cheeks Clay Crotts Day Dean
Edge

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

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

Those not voting were Senators:

Farrow Henson Hooks (excused conferee)

James Slotin Starr

Thomas (excused) Thompson Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, MARCH 14, 1996

1615

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.
Senate Sponsor: Senator Taylor of the 12th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Farrow Glanton Harbison

Hooks (excused conferee) McGuire Slotin

Thomas (excused) Thompson

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.

1616

JOURNAL OF THE SENATE

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

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 Calendar was resumed.

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.
Senate Sponsor: Senator Newbill of the 56th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Farrow Hooks (excused conferee)

McGuire Slotin

Thomas (excused) Thompson

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Edge of the 28th moved that Senator Crotts of the 17th be excused due to business in the House. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused.

THURSDAY, MARCH 14, 1996

1617

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.
Senate Sponsor: Senator Ragan of the llth.
Senator Ragan of the llth offered the following amendment: Amend HB 1437 by striking lines 2 through 24 of page 1 and inserting in lieu thereof the following:
"provide that certain animals are nontraditional livestock for the purposes of certain laws of this state; to amend Title 26, relating to food,".
By striking "exotic animals" and inserting in lieu thereof "nontraditional livestock" on lines 31 and 34 of page 1. By striking lines 12 through 20 of page 2 and inserting in lieu thereof the following:
"as to amend the list of animals requiring a wild animal license or permit; to allow processing for meat of certain wild animals; to repeal conflicting laws; and for other purposes.".
By striking line 22 of page 2 through line 28 of page 6. By redesignating Sections 11 through 28 as Sections 1 through 18, respectively. By striking "exotic animal" and "exotic animals" and inserting in lieu thereof "nontradi tional livestock" on line 41 of page 6; lines 1, 7,15, 29, and 34 of page 7; lines 3, 4, 7, 36, and 39 of page 8; lines 14, 35, 36, 37, 38, 39, 40, and 41 of page 9; lines 2, 20, 27, 31, 34, and 42 of page 10; lines 7, 26, 27, and 42 of page 11; lines 22 and 40 of page 12; lines 4 and 15 of page 13; line 11 of page 14; lines 2, 3, and 13 of page 15; lines 11, 12, and 33 of page 16; line 11 of page 17; lines 3, 17, and 33 of page 18. By adding "(13.1)," following "(12)," on line 36 of page 6.
By inserting between lines 30 and 31 of page 7 the following: "'(13.1) "Nontraditional livestock" means the species of Artiodactyla (even-toed ungu lates) listed as antelope, bison, buffalo, catalo, elk, deer other than white-tailed deer, and water buffalo that are held and possessed legally under the wilcTanimal provisions of Chapter 5 of Title 27.'".
By striking Sections 29 through 31 and inserting in lieu thereof the following:
"SECTION 19.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subparagraph (bXD(Q) of Code Section 27-5-5, relating to wild animals for which a license or permit is required, and inserting in lieu thereof a new subparagraph (Q) to read as follows:
'(Q) Order Artiodactyla (even-toed ungulates)--All species except Bison bison (buffalo) and Llama guanicoe, L. glama, and L. pacos (llamas), elks and led Jeer;'
SECTION 20.
Said title is further amended by adding a new paragraph (16) to Code Section 27-5-6, relat ing to the humane handling and care of wild animals, to read as follows:

1618

JOURNAL OF THE SENATE

'(16) Nothing in this Code section shall prevent wild animal license or permit holders from processing for meat or meat products animals that are surplus to the primary pur pose of their wild animal business. Such processing must be done in compliance with the provisions of Article 3 of Chapter 2 of Title 26, the "Georgia Meat Inspection Act."'.
By redesignating Section 32 as Section 21.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin Guhl 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 Starr Stokes Tanksley Taylor Turner Tysinger

Those not voting were Senators:

Clay Crotts (excused) Gochenour

Hooks (excused conferee) Langford Slotin

Thomas (excused) Thompson 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.

Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
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. Senate Sponsor: Senator Burton of the 5th.

THURSDAY, MARCH 14, 1996

1619

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 March 2, 1995
The Honorable Alan Powell State Representative Legislative Office Building, Room 607 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 1006 (LC 21 3387) District Attorneys' Retirement System Employees' Retirement System
Dear Representative Powell:
This bill would allow certain members of the District Attorneys' Retirement System to ob tain creditable service for the number of years he or she contributed to the Employees' Retirement System. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
Isi Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 5, 1996
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 1006 (SubstituteXLC 21 3801S) District Attorneys' Retirement System
Dear Representative Cummings:
This bill would allow certain members of the District Attorneys' Retirement System of Georgia to obtain creditable service for the number of years he or she contributed to the Employees' Retirement System of Georgia. This bill would also allow certain members of the District Attorneys' Retirement System to purchase creditable service for the number of years he or she would have contributed to the Employees' Retirement System if they had elected to become a member of such system.

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JOURNAL OF THE SENATE

The cost of this proposed legislation would be $4,213 in the first year in order to meet the concurrent 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 ap propriations. 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.

$ 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 liability created by this bill would be amortized.

N/A*

(4) The amount of the annual normal cost which will result from the bill.

$ 4,213

(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 4720-10).

(2.60%)

(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.

** Although this bill would increase the cost to the System by $4,213 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 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

THURSDAY, MARCH 14, 1996

1621

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 5, 1996

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

SUBJECT: State Auditor's Certification House Bill 1006 (Substitute) (LC 21 3801S)

Dear Representative Cummings:
This bill would allow certain members of the District Attorneys' Retirement System of Georgia to obtain creditable service for the number of years he or she contributed to the Employees' Retirement System of Georgia. This bill would also allow certain members of the District Attorneys' Retirement System to purchase creditable service for the number of years he or she would have contributed to the Employees' Retirement System if they had elected to become a member of such system.
This is to certify that the changes made in this substitute retirement bill are a nonfiscal amendment to a fiscal retirement bill as defined in the Public Retirement Systems Stan dards Law. An actuarial study of the bill as amended is attached.
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 Day Dean Edge Egan
Farrow

Gillis Glanton
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 Scott
Starr Stokes Tanksley Thompson Turner Tysinger
Walker

Those not voting were Senators:

Clay Crotts (excused) Gochenour

Hooks (excused conferee) Ray (presiding) Slotin

Taylor Thomas (excused)

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Blitch of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the 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 Guhl Harbison Henson 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 Thompson Turner Tysinger

Those not voting were Senators:

Clay Crotts (excused) Edge Egan

Griffin Hill Hooks (excused conferee) Ray (excused conferee)

Slotin Thomas (excused) Walker (excused conferee)

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

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. Senate Sponsor: Senator Taylor of the 12th.
The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1479 by striking from lines 3 through 5 on page 1 the following:
"to provide that provisions relating to the use of bail bond posted for a preliminary hear ing for trial appearance shall not apply to a municipal court;"
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment to HB 1479 was adopted.

THURSDAY, MARCH 14, 1996

1623

Senator Taylor of the 12th offered the following amendment:
Amend HB 1479 by striking in its entirety line 20 of page 1 and inserting in lieu thereof the following:
"a remission of a portion of the amount of the bond; to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of nonresident aliens; to provide for repeal of such provision; to provide for effec tive dates; to".
By inserting between lines 26 and 27 of page 5 the following:
"SECTION 3.
Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when deposi tions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in imminent danger of death;
(2) Has been threatened with death or great bodily harm because of the witness's sta tus as a potential witness in a criminal trial or proceeding;
(3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial;
(4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or
(5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention:; or
(6) Is a nonresident alien.'
SECTION 4.
Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when deposi tions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in imminent danger of death;
(2) Has been threatened with death or great bodily harm because of the witness's sta tus as a potential witness in a criminal trial or proceeding;
(3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial;
(4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or
(5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention.;-or

1624

JOURNAL OF THE SENATE

(G) IS Si 110nT6iu6ilt" uI611.

SECTION 5.

Sections 1 and 2 of this Act shall become effective July 1, 1996. Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 of this Act shall become effective July 1, 1997."
By renumbering Section 3 as Section 6.
On the adoption of the amendment, the yeas were 34, nays 0, and the Taylor amend ment to HB 1479 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Guhl Harbison Henson Hill 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 Thompson Turner

Those not voting were Senators:

Clay Crotts (excused) Edge Gillis

Griffin Hooks (excused conferee) James Ray (excused conferee)

Slotin Thomas (excused) Tysinger Walker (excused conferee)

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

HB 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.
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

THURSDAY, MARCH 14, 1996

1625

Brown of 26th Burton Cagle Cheeks Clay Day Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill 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 Turner Tysinger

Those not voting were Senators:

Abernathy Crotts (excused) Dean Edge

Hooks (excused conferee) Langford Perdue Ray (excused conferee)

Slotin Thomas (excused) Walker (excused conferee)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on HB 148 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 148 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Eddie Madden 47th District

/s/ Representative Denny Dobbs 92nd District

/s/ Senator Paul Broun 46th District

/s/ Representative Louise McBee 88th District

/s/ Senator Rene Kemp 3rd District

/s/ Representative Tommy Stephenson 25th District

COMMITTEE OF CONFERENCE 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

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JOURNAL OF THE SENATE

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 restricted military air space notwithstanding any other provision of law or any administrative action; to pro vide 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 without the permission of the governing authority of each county encompassing any part of the corporate limits of such city; to provide that no permit shall be issued for certain solid waste disposal facilities located within the corporate limits of any municipality without the permission of the governing authority of such municipality; to provide for the entry of judgments in accordance with certain administrative rulings; to provide that certain restrictions on the permitting of municipal solid waste disposal facili ties cover both publicly and privately owned facilities; to change certain provisions relating to conflict resolution relative to the siting of landfills; to provide that the Department of Community Affairs shall mediate such conflicts; to repeal provisions relating to the Re cycling Market Development Council; to create the Intergovernmental Solid Waste Coordi nating 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 provide that units of local government which have activated waste management authorities may deactivate the same by ordinance or resolution; to provide for the disposition of the assets and liabilities of such authorities; 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 Department 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 conflicting laws; and for other purposes.
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) (1) 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 disposal facilities during fiscal year J9921994 by 25 percent by July 1, -1996 1998; pro vided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 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.
(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 ot'Commumty Atfairs 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 ior the 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, MARCH 14, 1996

1627

(i) An evaluation of the effectiveness of current waste reduction programs, both pub lic and private, including waste management reporting, solid waste reduction plan guidelines, full cost-accounting 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 tunds;
(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."
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;
(D) Rules and regulations establishing the use of a manifest during the gmiei aliorrattd
liailulni^ Oi b^jci;i<:tl SOliu wilSLc,
Rules and regulations governing and controlling the handling of special solid waste and biomedical waste;

1628

JOURNAL OF THE SENATE

(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, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;
(OKF) 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;
tf)(H) Rules and regulations establishing qualifications for municipal solid waste dis posal 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;
fiJXI) 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 tech nology facilities, and inserting in lieu thereof the following:
"12-8-24.

(a) No person shall engage in solid waste m special solid wahle 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 otEer than inert solid waste!
(b)(l) No permit for a biomedlcal waste thermal treatment technology facility shall be issued by the director uiile^b Hie applicant for such facility dumunsUaleh tu Hie diieclui
tlit^t a nccu cXiSLa lui Llie IcL^iliL^ Ivi" WtioLc gcllttr&LGU 111 vjtcGigici Dy SriGwiiigJ tllctt tlici'c iS
liOt PJL coeiiti.y in CAiatciiCc Wituiu tli6 blcitc dLtllicicut ui>puaal IdCiliticb lOi uiwuicuiCdl
Waste ucLLi^ gciicidLcCl Oi" cXfjcCLcd tO Ut; j^ciici cltcil wiLliiii tlie BLatc. J.' ui ^jui^jubcS ul Ltn&
LIlci iiictl Li'ccitiiidiL LcClliiulvj^^ ItiCiliLj' iiici:iiiS tiiiy
lui" Llic pUi jjOSc OI l~c:viiiCiiij^ tl~ic ftiiiOLiiit 01 uiOiiicdiCcll wdStc (iibpuScu wl L
bo ul COiiiulial-njii, Witri LI witllOUL Llic jji'OCcas 01 COllVfei Lnig^ faLluli wciStc \AJ

\t) X" ctj ci^i ttpii ( it 01

s opci HLcu excluai vcl^ oy a pi'iVdLc DioniciLl
Llic pri~Vcitc LnOiiicuiv^al VvciaLc ^ciici'cilA^i LUL

g^llci'ctLui SO lOil^ cxo Llit^ w^jci'ciLiwii Oi Lllc Di^lll^iiiCcll waStc Llic^riiidl ticaLulcuL LcCliiiOl-
ogy facility does not adveisely affect Llie public health or the environment. Aftei com-
IllferiCcIilSfIt 01 Op61*ttlOH uV & pi'iVHtc L>iOlT16uiCtl WflStc ^ciitJl'jitOi 01 St. LjiOiiltiCliCHl W^StG
thermal treatment technulugy facility which is permitted by but not included in a local
0 11 rfe^lOil t 1 SOliu. WfliStG Hi(iIiii^ciiIt;IiC pltiii, cliiitilCilllciiL 01 tlici 10C3.1 OF i c^i011<ll S011C1
WHStc lU3.HclGi!116ilT. plfl.Il Silclll Dft Ffct^lliI'Gu. 101 3,iiy DlOlllGCliCcLl Wfi.Stc wlliCIl To ilO lOiigcl
TiO DC QtSpOS^u. OI Dy til^ Jjl'iVHtS JJiOllicuiCiil WSStyfi ^fSil^l StOi* nl itS OTVH uiOIilttQlCHl W3.SL6

THURSDAY, MARCH 14, 1996

1629

oy itS OAVil D 10 1116 Cl 1C 3.1 Wfl.SLc triGriUHl Li ctiLiliciilt tGCiliiOluf:^ i&CiIity Of 1116 ClOSlilft 01
such facility.

lu; uu ui aii,bi iviaiiui ou, 0.33U, a,LI^ |JCliiJ.lL 1U1 LJlt: ti ciiiO|,IUI l/ttlUll Ul 111 Hill'.ilpdl SsUllU WdOl/C

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rsoM luxated ill aiiuUitt;i tuuntj' Slidli L/C V^UllLlltlUilctl li|juil 1-lie j ui louit Liun $Ciici <itiiij

rely involved hi,

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(tr)(b) If the director determines that streh the activity referred to in subsection (a) of this Code" 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 or 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.
director may suspend, modify, or revoke any permit issued pursuant to this CoHe 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;

1630

JOURNAL OF THE SENATE

(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;
(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 municipal solid waste 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.
ffXd) In the event of the modification, suspension, amendment, or revocation of a permit, theUirector shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.
(g)(e) 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 verification to be furnished by the applicant that the proposed facil ity 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 pursuant 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 disposal facility, the applicant shall provide the director with written verification ami that the host jurisdiction and all jurisdictions generating solid waste destined for the applicants' facility tail demonstrate that they, at the time of application and during the operating 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 of waste reduction by July 1, 1990. Prior tu the issuance of any permit fut a solid wa^Le handling facility ui the granting of any majui modification of
till cXiStiTlJ2p SOlltl ^vti>tc liitiiu.imJ jjci'ilnL tJTHu Will lid.ilu.lci SOlxd WilStfc TTGiH JUl'iSCliCtlOilS
OUtSlClO vTSOl'^JIcl } til<3 "OUt 01 StHTife SOIiQ W&StG ^cil^rSititl.^ JUllSCiiCtiOIlS Silcill plOViClc ClOCU"
nisirtstioii tli3.t tritsy navs & strategy IUIL 3.ntt &F6 actively^ involvcu ui meeting pl&iiriiiig
t'tiQllliciUcllLS eLilu ci WclSlc i'tiQUCtiGil 03,1 triSX fl.ic SU.DSt3.Otiik.lly ^tJU.lVtl6ilt 10 LliS pl<HT-
iiing requirements and waste reduction goal contained in this part. As a condition of the issuance of a permit and for the continued active life of such a facility, and before the

THURSDAY, MARCH 14, 1996

1631

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 all jurisdictions from which municipal solid waste are received are part of an approved solid 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 12-8-21T
(hXf) 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.
frXg) 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 eombustors 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.
(jKh) 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 this part relating to major modifications, but such reuse shall not be considered a vertical expansible
(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 tering 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 of 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 facil 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 of near military bombing ranges, and inserting in lieu thereof the following:
"12-8-25.3.
(a) Notwithstanding the provisions uf Code Section 12-8-25.2, iiu permit shall be issued
county iii which such landfill is located or, hi the case of a regional landfill, from outside

been designated by the direitui as a significant ground watei icdiarge area.

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regional municipal &ulid waste landfill wheie any part of such site it, within duy area Chat
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tcWa) No 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.
MKb) 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 Jess according to the United States decennial census of 1990 or any future such census and which is not included in the same 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 of the municipality in which the facility is proposed to be located. Such governing au thority may consider, without limitation, such factors as the impact the proposed facility will have on the infrastructure, health and welfare, economy, environment, and ecology of the region. 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.
(d) No new permit shall be issued prior to July 1, 1998, for a solid waste disposal facility other than a permit-by-rule inert waste landfill or a private industry solid waste disposal facility located within the boundaries of any municipal corporation existing within the boundaries of one or more counties which have enacted zoning ordinances unless sucTi municipal corporation is included in a regional solid waste plan or multijurisdictionaT solid waste plan which also includes the county or counties in which the municipal corpo ration is located?'
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 12-8-30.3, relating to the entry of judgments 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 imappealed a final order of the director or of a filial an order of the administrative law judge unappealed from or affirmed on appeal director affirmed upuii appeal or modified on any review or appeal fiom which no t'mthei review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall

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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 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:
(1) Certification that Hie facility for which a permit is sought complies with local land
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Verification that the facility for which a permit, grant, or loan is sought meets the ten-year capability and capacity needs identified in the approvecTlocal, multijuris dictional, or regional solid waste management plan; and
f3)(2) Demonstration that the host jurisdiction and all jurisdictions generating solid waste 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 fur I'tiJueLiun oTsolid waste di&po&al by July 1, 1996.
(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, cuii Un ties 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 ofTediicmg wasle by 20 percent by July 1, 1996.; of

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(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.
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waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50
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fairs pursuant to Articles 1 and 2 of Chapter 8 of Title 00. 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 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 arid 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.
(f)(l) Within 30 days following a public meeting held in accordance with subsection (c) ofTETis 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

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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 15 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 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 5 30 days following the validation of such written petition pursuant to this Code section.
(j) The negotiation process shall be overseen by a facilitator 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 facilitator 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 of 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.
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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 meeting!
(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:

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(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 or at the end of such extension of time as the participants have agreed upon, the facilitaUii 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.
(o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the cliaii mail 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 facilitator 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 facilitatui 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;

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(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 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 Georgia 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 sulid 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,

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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 concurrence uf the LaA tomnilsbiuiiei1 or tax collector 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 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 fully complied with this part and all rules promulgated pursuant to this part in disposing of his or her scrap tires shall not be liable for any of the cost recovery actions of the abatement."
SECTION 12.1.
Said chapter is further amended by inserting immediately following Code Section 12-8-59.1 a new Code section to read as follows:
"12-8-59.2.
(a) As used in this Code section, the term 'project' shall mean any interest of the author ity in a project as otherwise defined in this part.
(b) The governing body of any unit of local government which has authorized the func tioning of an authority pursuant to Code Section 12-8-53 may by proper resolution or ordinance declare that there is no need for such authority to function in the county or municipal corporation. Upon such declaration by all units of local government which previously authorized the activation of the authority, and compliance by such units of local government with the provisions of subsection (c) of this Code section, the authority shall cease to transact any business or exercise any powers inconsistent with the winding up of its affairs.
(c) No resolutions or ordinances of units of local government declaring the functioning of a previously activated authority to be unnecessary shall be of any force and effect until:
(1) In the case of an authority having outstanding notes or bonds:
(A) Said notes or bonds have been paid or retired according to their terms or ac quired by such units of local government; or
(B) Appropriate contractual arrangements have been made by such units of local government to lease or purchase the authority's projects, or to arrange to have the authority's projects leased or purchased by others, consistent with the terms of said notes or bonds on such terms as will together with any existing debt service reserves held by the authority provide for the payment of the principal and interest on said notes or bonds; and
(C) Appropriate arrangements have been made by such units of local government, or in the case of authorities activated pursuant to subsection (b) of Code Section 12-853, appropriate contractual and other arrangements have been made by, among, and between all units of local government which previously authorized the activation of the authority:

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(i) To hold, operate, or dispose of all assets or projects of the authority in the case of the transfer of such assets and projects by the authority to such units of local government, but nothing in this Code section shall require the continued operation of any project by such units of local government;
(ii) To assume or satisfy, or arrange to have assumed or satisfied, all contracts, leases, agreements, or obligations previously entered into or incurred by the au thority with respect to the acquisition or operation of such assets or projects, con sistent with the terms thereof, other than notes or bonds, but nothing in this Code section shall require the renewal, continuation beyond its terms, or extension of any such contract, lease, agreement, or obligation; and
(iii) To make provision, by creation of a reserve fund or otherwise, for residual obligations which may from time to time arise during the period of winding up of the affairs of the authority pursuant to subsection (d) of this Code section; or
(2) In the case of an authority having no outstanding notes or bonds, there has been compliance with the terms of subparagraph (C) of paragraph (1) of this subsection.
(d)(l) Upon compliance by all units of local government which previously authorized the activation of the authority with subsections (b) and (c) of this Code section, the board of directors of the authority shall cause to be transferred to such units of local government, at such a time and on such reasonable terms and conditions as may be agreed to between the authority and such units of local government and subject to the arrangements made under and the provisions of subsection (c) of this Code section, the assets, projects, contracts, leases, agreements, and obligations of the authority. The board of directors of any such authority shall take all steps necessary or convenient to carry out the provisions of this Code section consistent with the benefit of the public.
(2) The board of directors of the authority shall continue in existence for a period of time sufficient for the orderly winding up of the affairs of the authority and, in the case of an authority having outstanding notes or bonds, for a reasonable period of time after such notes or bonds have been paid or retired and may exercise any power usually possessed by private corporations of this state in the process of winding up their affairs not in conflict with the Constitution or laws of this state. In the course of such winding up, the board of directors shall have access to any funds made available pursuant to division (c)(l)(C)(iii) of this Code section but shall exercise control over such funds as fiduciaries, shall disburse such funds only for purposes appropriate to the winding up of the affairs of the authority, and shall account for any remainder of such funds to the units of local government which authorized the activation of the authority.
(3) Upon the completion of the process of winding up of the affairs of the authority, the board of directors shall relinquish control of any remaining funds made available pur suant to division (c)(l)(C)(iii) of this Code section to the units of local government which authorized the activation of the authority and by resolution dissolve itself, whereupon such authority shall become dormant but may be reactivated by compli ance with Code Section 12-8-53."
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 prac tices, material substitutions, redesign of product pollution prevention education and out reach, and in-process recycling.

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(7) Waste minimization' means pollution prevention and off-process recycling including, 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, i^94 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, and industries, and, where hazardous household waste is~involved, the general public and 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;
(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 ot 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:

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"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
(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

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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 appropriated 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.
Senator Madden of the 47th moved that the Senate adopt the Conference Committee report on HB 148.
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 Dean Gillis Glanton Griffin

Harbison Hill 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 Thompson Turner Tysinger

Those voting in the negative were Senators:

Black Blitch

Day Gochenour

Guhl

Those not voting were Senators:

Crotts (excused) Edge Egan Farrow

Henson Hooks (excused conferee) Langford Ray (excused conferee)

Slotin Thomas (excused) Walker (excused conferee)

On the motion, the yeas were 40, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 148.

THURSDAY, MARCH 14, 1996

1643

The following bill was taken up to consider House action thereto:
SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evidence of the alleged crime is collected.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination to the extent that expense is incurred in collecting evidence of the alleged crime; to change the penalty provisions for persons who are convicted of statutory rape; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that certain information shall be offered or provided to persons believed to be victims of rape or aggra vated sodomy; to provide that such information may be provided in any language; to set out the information to be provided; to change the limitation for the crime of forcible rape; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-1, relating to rape, and inserting in lieu thereof a new Code section to read as follows:
"16-6-1.
(a) A person commits the offense of rape when he has carnal knowledge of a female forci bly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than one nor more than 20 years.
(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim ot the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence?'
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 16-6-2, relating to sodomy, and inserting in lieu thereof a new Code section to read as follows:
"16-6-2.
(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person. The fact that the person allegedly

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sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.
(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred tor the limited purpose of collecting evidence."
SECTION 3.
Said chapter is further amended in Code Section 16-6-3, relating to the crime of statutory rape, by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of statutory rape shall be punished by imprison ment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion uf the court, shall be punished as for guilty of a misdemeanor."
SECTION 4.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-3-1, relating to limitation on prosecutions, by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Prosecution for other crimes punishable by death or life imprisonment must be com menced within seven years after the commission of the crime; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime?1
SECTION 5.
Said title is further amended by inserting a new chapter to be designated Chapter 17 to read as follows:
"CHAPTER 17
17-7-1.
When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-17-2 and may include additional information regarding resources avail able to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language. 17-17-2.
The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 17-17-2:

THURSDAY, MARCH 14, 1996

1645

INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY

If you are the victim of rape or forcible sodomy, you have certain rights under the law.
Rape or forcible sodomy by a stranger or a person known to you, including rape or forci ble sodomy by a person married to you, is a crime. You can ask the government's lawyer to prosecute a person who has committed a crime. The government pays the cost of pros ecuting for crimes.
If you are the victim of rape or forcible sodomy you should contact a local police depart ment or other law enforcement agency immediately. A police officer will come to take a report and collect evidence. You should keep any clothing you were wearing at the time of the crime as well as any other evidence such as bed sheets. Officers will take you to the hospital for a medical examination. You should not shower or douche before the examination. The law requires that the police department or law enforcement agency investigating the crime pay for the medical examination to the extent of the cost for the collection of evidence of the crime."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 210.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Hill 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Crotts (excused) Egan Harbison

Henson Hooks (excused conferee) Langford Ray (excused conferee)

Slotin Thomas (excused) Walker (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 210.
The following bill was taken up to consider House action thereto:

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

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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 Perdue of the 18th moved that the Senate adhere to its disagreement to the House substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Perdue of the 18th, Dean of the 31st, and Marable of the 52nd.
The following bill was taken up to consider House action thereto:

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 moved that the Senate adhere to its disagreement to the House substitute and that a Conference committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Ragan of the llth, Broun of the 46th, and Middleton of the 50th.
The Calendar was resumed.

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.
Senate Sponsor: Senator Abernathy of the 38th.

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

Those voting in the affirmative were Senators:

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

Gillis Griffin Harbison Henson Hill James Johnson of 2nd Johnson of 1st Land Madden Marable

Oliver Perdue Pollard Ralston Scott Starr Stokes Taylor Thomas Turner Tysinger

THURSDAY, MARCH 14, 1996

1647

Those voting in the negative were Senators:

Balfour Black Cagle Day

Glanton Gochenour Guhl Lamutt

McGuire Newbill Tanksley

Those not voting were Senators:

Broun of 46th Crotts (excused) Egan Hooks (excused conferee)

Kemp Langford Middleton Ragan

Ray (excused conferee) Slotin Thompson Walker (excused conferee)

On the passage of the bill, the yeas were 33, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused due to business in the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Kemp of the 3rd 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 Senate:

SB 545. By Senators Slotin 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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

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.

1648

JOURNAL OF THE SENATE

The Calendar was resumed.
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.
Senate Sponsor: Senator Starr of the 44th.
Senate Finance and Public Utilities Committee offered the following substitute to HB 1586:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional powers, duties, and authority of the state revenue commissioner; to provide for the disclosure of certain privileged and confiden tial information under certain circumstances; to provide for conditions and limitations; to provide for civil and criminal penalties; to provide for the serving of certain notices of delin quency and the receiving of certain acknowledgements of service by telephonic facsimile transmission or by other means of instantaneous electronic transmission; to provide for annual filing of certain reports of gross proceeds of sales and purchases by certain dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-2-6, to be designated Code Section 48-2-6.1. to read as follows:
"48-2-6.1.
(a) As used in this Code section, the term 'return information' means any information secured by the commissioner incident to the administration of any tax.
(b) Notwithstanding any other provision of law, the commissioner shall be permitted to disclose any return information to such other persons as may be authorized by law to collect delinquent tax liabilities on behalf of the state to the extent such information is reasonably needed to effect such collections. Such information shall retain its privileged and confidential nature in the hands of such other persons to the same extent and under the same conditions as that information is privileged and confidential in the hands of the commissioner. Any such other person shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department."
SECTION 2.
Said title is further amended by striking subsection (c) of Code Section 48-7-108, relating to employers' liability for current income tax payment, and inserting in its place a new sub section (c) to read as follows:
"(c) Assessment, collection, and payment. Except as otherwise provided by law, the lia bility of an employer under subsection (a) of this Code section and the amount of the fund described in subsection (b) of this Code section shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations including, but not limited to, penalties as are income taxes. In the event any employer is delinquent in payment of the tax imposed by this article, the commissioner may give notice of the amount of the delinquency by registered or certified mail to all persons having in their possession or under their control any credits or other personal property belonging to the

THURSDAY, MARCH 14, 1996

1649

employer and to all persons owing any debts to the employer at the time of receipt by them of the notice. In lieu of registered or certified mail, the notice may be served and the recipient may acknowledge service thereof by telephonic facsimile transmission or by other means of instantaneous electronic transmission. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the commissioner has consented to a transfer or disposition or until 30 days have elapsed after receipt of the notice. Each person so notified must advise the commis sioner, within five days after receipt of the notice, of any and all credits, other personal property, or debts in his such person's possession, under his such persons control, or owing by him such person as provided in this Code section."
SECTIONS.
Said title is further amended by striking subsection (a) of Code Section 48-8-49, relating to dealers' returns as to gross proceeds of sales and purchases, and inserting in its place a new subsection (a) to read as follows:
"(a) Each dealer, on or before the twentieth day of each month, shall transmit returns to the commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this article during the preceding calendar month. The commis sioner may provide by regulation for quarterly or annual returns or, upon application, may permit a dealer to file a return on a quarterly or annual basis if deemed advisable by the commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the commissioner."
SECTION 4.
Said title is further amended by striking Code Section 48-8-47, relating to notice by com missioner to persons holding credits of or owing debts to delinquent dealers, and inserting in its place a new Code Section 48-8-47 to read as follows:
"48-8-47.
In the event any dealer is delinquent in the payment of the tax imposed by this article, the commissioner may give notice of the amount of the delinquency by registered or certi fied mail to all persons having in their possession or under their control any credits or other personal property belonging to the dealer and to all persons owing any debts to the dealer at the time of receipt by them of the notice. In lieu of registered or certified mail, the notice may be served and the recipient may acknowledge service thereof by tele phonic facsimile transmission or by other means of instantaneous electronic transmis sion. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the commissioner has consented to a transfer or disposition or until 30 days have elapsed after the receipt of the notice. Each person so notified must advise the commissioner within five days after receipt of the notice of any and all credits, other personal property, or debts in his such person's posses sion, under his such person's control, or owing by him such person as provided in this Code section."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Crotts (excused) Hooks (excused conferee) Kemp (excused)

Langford Ray (excused conferee) Slotin

Thompson Walker (excused conferee)

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

HB 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.
Senate Sponsor: Senator Lamutt of the 21st.
The Senate Science, Technology, and Industry Committee offered the following amendment:
Amend HB 1630 by striking from lines 28 through 30 on page 1 the following:
", trade name, registered trademark, logo, legal or official seal, or copyrighted symbol".
By striking from line 34 on page 1 through line 2 on page 2 the following:
"trade name, registered trademark, logo, legal or official seal, or copyrighted symbol",
and inserting in lieu thereof the following: "name".
On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment to HB 1630 was adopted.
Senators Lamutt of the 21st and Tanksley of the 32nd offered the following amendment:
Amend HB 1630 by deleting on line 30 "to falsely identify" and replace it with "under false pretenses to specifically identify".

THURSDAY, MARCH 14, 1996

1651

On the adoption of the amendment, the yeas were 35, nays 0, and the Lamutt, Tanksley amendment to HB 1630 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Crotts (excused) Farrow Hooks (excused conferee)

Kemp (excused) Langford Ray (excused conferee)

Slotin Taylor

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 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.
Senate Sponsor: Senator Dean of the 31st.
The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to HB 1154:
A BILL
To be entitled an Act 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; to change certain definitions; to provide additional definitions; to pro vide that an inmate who is provided medical care and who is not eligible for health insur ance benefits shall be liable for the costs of medical care provided the inmate; to provide that the assets and property of the inmate may be subject to levy and execution under court order to satisfy the costs of such medical care provided; to require an inmate to cooperate with a governing authority or be subject to certain sanctions; to authorize certain civil ac tions; to provide for the issuance of ex parte restraining orders to restrain defendants from disposing of property pending a hearing on the issues; to authorize the appointment of receivers for property; to require a court to consider the support obligations of the defend ant inmate; to authorize the court to enter a money judgment against a defendant and to order that the defendant's property is liable for reimbursement for the cost of medical care

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JOURNAL OF THE SENATE

provided to the defendant as an inmate; to provide that nothing in this Act shall be con strued to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospi tal care rendered to such inmate regardless of whether such individual has been convicted of a crime; to change the provisions relating to deductions of costs from an inmate's account for medical treatment requested by the inmate; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety Code Section 42-4-50, relating to definitions applicable to medical services for inmates in local detention facilities, and inserting in lieu thereof a new Code Section 42-4-50 to read as follows:
"42-4-50.

(a) As used in this article, the term:
(1) 'Detention facility' means a municipal or county jail, wuikuamp, ui olhui municipal or county detention facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Governing authority' means the governing authority of the county or municipality in which the detention facility is located.
) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense. and wliu
IS iiiiLll'tiCi llilClti! GXlStnl^ niu.iViu.iicll llticHLli 111SU.1 HilCCj j^i'ullp liciilLli iilSlii'tiiiCci, OI*^^!J1*6"
pciitl msQic&i. cfli'G covci & or is cli^jiulG i\>i DGH^irts^ tinder AfutcJ.6 /or CJris.^itci1 4 or Title 49, the 'Georgia Medical AssihUace Act uf 1977.' Such term does not include any sentenced inmate who is the responsibility of the State Department of Corrections.
(4) 'Medical care' includes medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and boardT
(6)(5) 'Officer in charge' means the sheriff, if the detention facility is under his or her supervision, or the warden, captain, or superintendent having the supervision of any other detention facility."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 42-4-51, relating to information as to inmate's health insurance or eligibility for benefits, and inserting in lieu thereof a new Code Section 42-4-51 to read as follows:
"42-4-51.

(a) The officer in charge or his or her designee may require an inmate to furnish the

following information:

------

(1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;

(2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';

(3) The name and address of the third-party payor; and

(4) The policy or other identifying number.

(b) The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical service rendered.

THURSDAY, MARCH 14, 1996

1653

(c) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his or her carrier through coverage or benefits described under par agraph (1) of subsection (a) of this Code section.
(d) If an inmate is not eligible for such health insurance benefits, then the inmate shall be liable for the costs of such medical care provided to the inmate and the assets and property of such inmate may be subject to levy and execution under court order to satisfy such costs. An inmate in a detention facility shall cooperate with the governing author ity in seeking reimbursement under this article for medical care expenses incurred by the governing authority for that inmate. An inmate who willfully refuses to cooperate as provided in this Code section shall not receive or be eligible to receive any good-time allowance or other reduction of time to be served.
(e)(l) An attorney for a governing authority may file a civil action to seek reimburse ment from an inmate for the costs of medical care provided to such inmate while incarcerated.
(2) A civil action brought under this article shall be instituted in the name of the gov erning authority and shall state the date and place of sentence, the medical care pro vided to such inmate, and the amount or amounts due to the governing authority pursuant to this Code section.
(3) If necessary to protect the governing authority's right to obtain reimbursement under this article against the disposition of known property, the governing authority may seek issuance of an ex parte restraining order to restrain the defendant from dis posing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the governing authority for the costs of medical care provided to the defendant as an inmateT
(4) To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.
(f) Before entering any order on behalf of the governing authority against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support depen dents to whom the defendant is providing or has in fact provided support.
(g) The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for the costs of medical care provided to the defendant as an inmate.
(h) The sentencing judge and the sheriff of any county in which a prisoner's property is located shall furnish to the attorney tor the governing authority all information and assistance possible to enable the attorney to secure reimbursement for the governing authority under this article.
(i) The reimbursements secured under this article shall be credited to the general fund of the governing authority to be available for general fund purposes. The treasurer of such governing authority may determine the amount due the governing authority under this article and render sworn statements thereof. These sworn statements shall be consid ered prima-facie evidence of the amount due.
(j) Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate re gardless of whether such individual has been convicted of a crime."
SECTION 3.
Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 42-4-71, relating to deductions of costs from inmate's account for destruction of property or for certain medical treatment, and inserting in lieu thereof a new paragraph (2) to read as follows:

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"(2) Defray the costs paid by a municipality or county for medical treatment for an in mate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; pro vided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged?; provided, however, that in the event that the costs of medical treatment of an inmate have been collected from said inmate pursuant to Code Section 42-4-51, there shall be no deductions from money credited to the account of an inmate under the provisions of this paragraph for the cost of such medical treatment."

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 Day Dean Egan

Farrow Gillis Glanton Gochenour Guhl Hill James Johnson of 2nd Johnson of 1st Lamutt Madden McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thompson Turner Walker

Those not voting were Senators:

Cagle Crotts (excused)
Edge Griffin
Harbison

Henson Hooks (excused conferee)
Kemp (excused) Land
Langford

Marable Ray (excused conferee)
Slotin Thomas
Tysinger

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

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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1226:

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1655

A BILL
To be entitled an Act to amend Code Section 48-4-76 of the Official Code of Georgia Anno tated, relating to judicial in rem tax foreclosures, so as to provide for the utilization of such foreclosure provisions with respect to delinquent municipal ad valorem taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) In addition to any other rights and remedies provided under state law for the en forcement of tax liens by the State of Georgia and its counties and municipalities, such governmental entities may proceed with judicial in rem tax foreclosures for delinquent taxes in accordance with the provisions of this article by enactment of an ordinance or resolution of the governing authority of the county in which the property is located which ordinance or resolution shall be sufficient authority for use of the provisions of this arti cle by such county and all municipalities within such county as to their respective taxes, in the event that the governing authority of a county does not so act, a municipality located in such county may, by enactment of its own ordinance or resolution, authorize the use of judicial in rem tax foreclosures for delinquent municipal taxes in accordance with the provision of this article. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of this article."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Day Farrow Gillis Glanton Gochenour Griffin

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

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

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Those not voting were Senators:

Abernathy Black Broun of 46th
Cagle Crotts (excused) Dean

Edge Egan Hooks (excused conferee)
Kemp (excused) Langfbrd

Ray (excused conferee) Slotin Thomas
Thompson Walker (excused conferee)

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
At 6:25 P.M. the President announced that the Senate would stand in recess until 6:45 P.M.
The President called the Senate to order at 7:00 P.M.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

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

Those voting in the affirmative were Senators:

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

Farrow
Gillis Glanton Gochenour
Griffin Harbison Hill James
Johnson of 1st Lamutt Land Marable McGuire
Middleton

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

Those not voting were Senators:

Blitch Bowen Broun of 46th
Guhl Henson

Hooks (excused conferee) Johnson of 2nd Kemp (excused)
Langfbrd Madden

Perdue Ragan Ray (excused conferee)
Slotin Walker (excused conferee)

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

THURSDAY, MARCH 14, 1996

1657

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

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

Marable McGuire Newbill Oliver Pollard Ralston Scott Starr Stokes
Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Broun of 46th Edge Hooks (excused conferee)

Johnson of 2nd Langford Middleton Perdue Ragan

Ray (excused conferee) Slotin Taylor Walker (excused conferee)

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 516. By Senators Griffin of the 25th, Stokes of the 43rd, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide 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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The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 House has passed by the requisite constitutional majority the following bills of the House and Senate:
SB 519. By Senators Crotts of the 17th, Balfour of the 9th, Langford of the 29th 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.
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.
HB 1894. By Representatives Stanley of the 50th, Stanley of the 49th, Martin of the 47th and others:
A bill to amend an Act creating the City of Atlanta and Fulton County Recrea tion Authority, so as to change the provisions relating to revenue bonds.
The Calendar was resumed.
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.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1231:
A BILL
To be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to restate the types of zoning decisions to which such procedures apply, to change the procedures applicable to property to be annexed; to provide for additional procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 14, 1996

1659

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proce dures, is amended by striking paragraph (4) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Zoning decision' means final action by a local government which results with:
(A) The adoption of a zoning ordinance;
(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or
(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another:; or
(D) The adoption of an amendment to a zoning ordinance by a municipal local govern ment which zones property to be annexed into the municipality."
SECTION 2.
Said chapter is further amended by adding a new subsection at the end of Code Section 3666-4, relating to procedures regarding zoning decisions, to be designated subsection (d), to read as follows:
"(d) If the zoning is for property to be annexed into a municipality, then: (1) Such municipal local government may begin the procedures required by this chap ter for such zoning at any time on or after the date of the notice of the proposed annex ation is provided to the governing authority of the county as required under Code Section 36-36-6;
(2) The hearing required by subsection (a) of this Code section shall be conducted prior to the annexation of the subject property into the municipality; (3) In addition to the other notice requirements of this Code section, the municipality shall cause to be published within a newspaper of general circulation within the terri torial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this Code section and shall place a sign on the property when required by subsection (b) of this Code section; and (4) The zoning classification approved by the municipality following the hearing re quired by this Code section shall become effective on the later of:
(A) The date the zoning is approved by the municipality; or
(2B.") The date that the annexation becomes effective pursuant to Code Section 36-36-
SECTION 3.
This Act shall become effective on July 1, 1996.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Balfour 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 James Kemp Lamutt Land Langford

Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston Scott Starr Tanksley Taylor Turner

Voting in the negative was Senator Black.

Those not voting were Senators:

Abernathy Egan Hooks (excused conferee) Johnson of 2nd Johnson of 1st

Oliver Perdue Ray (excused conferee) Slotin Stokes

Thomas Thompson Tysinger Walker (excused conferee)

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 bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 surface-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 no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met; to provide exceptions; 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.

THURSDAY, MARCH 14, 1996

1661

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 surface-water use, is amended by striking in its entirety Code Section 12-5-23.2, relating to the prohibited discharge of certain waste water, which reads as follows:
"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, 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.",
and inserting in lieu thereof the following:
"12-5-23.2.
(a) 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 Na tional 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 such person's water pollution control plants which contains more than 0.75 milligrams of phosphorus 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.
(b) Notwithstanding the provisions of subsection (a) 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 as such order appeared on the date this subsection became effective. Except as provided in subsection (c) of this Code section, compliance with the discharge limitation provided by this Code section shall not be extended beyond July 4, 1996, and the order shall re quire that person to make his or her best efforts to achieve compliance with the discharge limitation by December 31, 1993.
(c)(l) Notwithstanding the provisions of subsection (b) of this Code section, any person who entered into a consent order as provided in subsection (b) of this Code section but fails to complete the required phosphorus reduction improvements by July 4, 1996, shall not later than such date submit to the division a schedule stipulating annual construction milestones for the completion of all improvements required to achieve a discharge level of 0.64 milligrams of phosphorus per liter of water by not later than January 1, 2001; provided, however, that such person shall not discharge waste water from such person's water pollution control plants after February 1, 1997, which ex ceeds 0.64 milligrams of phosphorus per liter of water.

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(2) If the director approves the schedule submitted pursuant to paragraph (1) of this subsection, such person shall be bound by that schedule. If the director does not ap prove said schedule by August 1, 1996, the director shall not later than September 1, 1996, establish an alternative schedule with a final completion date not later than January 1, 2001, and such person shall be bound by the alternative schedule.
(3) Any monetary penalties stipulated in any consent order regarding phosphorus ef fluent limitations executed by the director and another person prior to the date this subsection became effective shall be the only monetary penalties required to be paid by such person as long as such person is in compliance with the construction milestones in the schedule approved or established by the director in paragraph (2) of this subsec tion; provided, however, that if such order is declared invalid by the courts, then the penalties for noncompliance with subsections (a) or (b) of this Code section shall be as provided for in Code Sections 12-5-51 through 12-5-53.
(4) If such person fails to meet a construction milestone, he or she shall pay a. penalty in the amount of $25,000.00 per day until that construction milestone is met. If a particular construction milestone is not met for six months after the date specified, the penalty shall be increased to $100,000.00 per day until that construction milestone has been met. Failure to meet a construction milestone shall not affect the date of any succeeding construction milestones.
(5) If the person fails to complete all required construction by January 1, 2001, he or she shall pay a civil penalty in the amount of $100,000.00 per day until construction is completed. After construction is completed, the suspension of the liabilities and penal ties provided for in Code Sections 12-5-51 through 12-5-53 for noncompliance with the provisions of subsection (a) of this Code section shall be ended.
(6) If in any month after July 1, 1996, and before December 31, 1998, a person dis charges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person dis charges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individ ual water pollution control plant containing more than 0.64 grams of phosphorous per liter of water on a monthly average basis, such person shall not permit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsection and shall not be suspended or terminated."
SECTION 2.
Said article is further amended by inserting at the end of Code Section 12-5-29, relating to sewerage and waste disposal and related matters, the following:
"(d)(l) The director shall not authorize any new water pollution control discharge permit which if granted would permit water drawn from one river basin to be deposited into another river basin in the discharge of sewerage, industrial waste, treated waste water, or other wastes unless for both the basin of origin and receiving river basin unless:
(A) The director has assessed all waters in order to identify those waters for which applicable effluent limitations are not sufficiently stringent to allow such waters to meet applicable water quality standards and has established total limitations for the pollutants which cause the waters to fail to achieve such water quality standards;
(B) The director has established water quality standards for the nearest downstream lake as provided in Code Section 12-5-23.1; and
(C) All applicable provisions of this article and all rules and regulations promulgated pursuant to this article are met.

THURSDAY, MARCH 14, 1996

1663

(2) All new permits issued after January 1, 2001, discharging in excess of 3 million gal lons per day, shall be required to meet a minimum standard of 0.30 milligrams of phos phorus per liter of waste water.
(3) The provisions of this subsection shall not apply to the reissuance of existing permits, permits for the expansion of existing facilities, permits for the withdrawal of water for agricultural use, or permits for mining activities which use water for the transportation of materials.
(e) If any treatment plant is not in compliance with permit requirements at any time between July 1, 1996, and July 1, 1997, the division shall be authorized to decrease the permitted capacity of such treatment plant in an amount up to 10 percent of the permit ted capacity and may issue a new permit based upon such amount of decrease."
SECTION 3.
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 mini mum, 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:
ffl(A) Any person who submitted a plan pursuant to subsection (b) of this Code section prioFto 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
(2}(B) 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:
(A)(i) 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;
ffiXii) The CSO owners shall prepare approvable plans and specifications by October 1, TS92, 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
fXiii) 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) Auy peihuu The owner of any combined sewer overflow system which discharges Into the ChattaEoochee River or its tributaries who fafts tailed to implement an ap proved plan by the dates piuvideil in this subsection December 31, 1995, shall, after
til 6 iippiiCfl.Dltiuiitti3.IlCl Ulltll SUCfl pel SOU iillpi6iH6iltS "tilvljiJ51*GVGtl pistil), u& SliDjGCti t)0
in lieu of the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and through 12-5-53, pay a civil penalty in the amount of $10,000.00 per day until the construction is completed but not later than October 1, 1997, after which date the pen alty shall be increased to $100,000.00 per day until construction is completed; pro vided, however, that if such person owns or operates two separate combined sewer overflow systems, he or she shall pay a separate penalty on the second such system in the amount of $10,000.00 per day until construction is completed, but not later than July 1, 1998, after which date the penalty shall be increased to $100,000.00 per day for such system. On and after the dates the penalties for each such system increase to $100,000.00 per day, the owner or operator shall be subject to the liabilities and penal ties provided in Code Sections 12-5-51 through 12-5-53 with regard to the respective system.

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JOURNAL OF THE SENATE

(3) In addition to the penalties provided in paragraph (2) of this subsection, the owner or operator of a combined sewer overflow system shall not permit any additional sewer connections to such system until construction has been completed."
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 Langford of the 29th moved that the Senate agree to the House substitute to SB 500 as amended by the following amendment:
Amend the House substitute to SB 500 by adding on line 13 of page 5 after the word facili ties, "permits applied for prior to Jan. 1, 1996."
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Egan
Hooks (excused conferee)

Johnson of 2nd Ray (excused conferee)
Slotin

Thomas Walker (excused conferee)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 500 as amended by the Senate.
Senator Edge of the 28th moved that Senator Day of the 48th be excused due to busi ness. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Day of the 48th was excused.
The Calendar was resumed.

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.
Senate Sponsor: Senator Gillis of the 20th.

THURSDAY, MARCH 14, 1996

1665

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

On the 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 Farrow

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

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

Voting in the negative was Senator Black.

Those not voting were Senators:

Day (excused) Egan Hill Hooks (excused conferee)

James Perdue Ray (excused conferee)

Slotin Thomas Walker (excused)

On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed.

Senator Gillis of the 20th assumed the Chair.

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.
Senate Sponsor: Senator Brown of the 26th.

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

Those voting in the affirmative were Senators:

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

Burton Cagle Cheeks Clay Crotts Dean Edge

Egan Farrow Glanton Gochenour Griffin Guhl Henson

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

JOURNAL OF THE SENATE

McGuire Middleton Newbill Oliver Pollard Ragan Ralston

Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Day (excused) Gillis (presiding) Harbison Hill

Hooks (excused conferee) James Perdue Ray (excused conferee)

Scott Slotin Thompson Walker (excused conferee)

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Marable of the 52nd.
Senator Middleton of the 50th moved that HB 1202 be postponed indefinitely.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1202 was post poned indefinitely.
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. Senate Sponsor: Senator Cheeks of the 23rd.

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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 15, 1995

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

SUBJECT: Actuarial Investigation House Bill 963 (LC 21 3188) Fulton County Board of Education Pension Fund

Dear Representative Cummings:

This bill would provide that certain changes made or to be made in the Local Retire ment Fund shall be considered in the determination of rights of transferred individuals. The changes to be considered include the removal of the requirement for a male employee to provide beneficiary coverage for a spouse, changes in the computation of credited years, and the authorization to continue spouse's benefits upon remarriage.

Although this proposed legislation would grant a benefit increase, this bill would not result in any additional cost to the Fulton County Board of Education Pension Fund. The fiscal impact of the provisions outlined in this bill are already being valued by the actuary for determination of the employer contribution. It should be noted, however, 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 $_____0

(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.

7.95% 7.95% $_____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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JOURNAL OF THE SENATE

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 6, 1995

The Honorable Bob Holmes, Chairman House Governmental Affairs Committee State Capitol, Room 226 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 963 (LC 21 3188) Teachers Retirement System

Dear Chairman Holmes:

This bill would provide that teachers who are former members of certain local retire ment systems who are now members of the Teachers Retirement System shall receive the minimum benefits calculated pursuant to certain amendments to the local retirement sys tem made after June 30, 1988.
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:

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

Glanton Gochenour Griffin Guhl Henson Hill 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 Turner Tysinger

Those not voting were Senators:

Abernathy Day (excused) Egan Gillis (presiding)

Harbison Hooks (excused conferee) James Perdue

Ray (excused conferee) Slotin Taylor Walker (excused conferee)

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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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.
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:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Edge Egan Farrow Glanton Griffin

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

Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Taylor Thomas Thompson Turner Ty singer

Those not voting were Senators:

Abernathy Black Brown of 26th Cheeks Day (excused) Dean

Gillis (presiding) Gochenour Harbison Hooks (excused conferee) James

Perdue Ray (excused conferee) Slotin Tanksley Walker (excused conferee)

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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. Senate Sponsor: Senator Burton of the 5th.

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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 November 27, 1995

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

SUBJECT: Actuarial Investigation House Bill 407 (LC 21 3520S) Employees' Retirement System

Dear Representative Cummings:

This bill provides that all officers and employees of the North Georgia Mountains Au thority shall become members of the Employees' Retirement System of Georgia. All per sons employed before July 1, 1996 would receive credit for prior service.

The cost of this proposed legislation would be $17,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes $7,000 to amortize the unfunded actuarial accrued liability and $10,000 each year to fund the normal cost. This cost, however, assumes that the actuarial assumptions do not change. The additional cost resulting from this bill 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.

$_____0 $ 7,000
N/A $ 10,000

(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.

15.39% 15.39% $ 17,000

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

THURSDAY, MARCH 14, 1996

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DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 17, 1995

The Honorable Ralph Twiggs, Chairman House Public Safety Committee State Capitol, Room 218 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill #407 (LC 21 3023) Employees Retirement System

Dear Chairman Twiggs:
This bill would provide that employees of the North Georgia Mountains Authority shall be members of the Employees' Retirement System and such members employed before July 1, 1996, shall be eligible for creditable service for prior employment with the North Georgia Mountains Authority.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
Isl Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Hill Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Black Day (excused) Gillis (presiding)

Henson Hooks (excused conferee) James Johnson of 1st

Perdue Ray (excused conferee) Slotin Walker (excused conferee)

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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JOURNAL OF THE SENATE

HB 1370. By Representatives Sinkfield of the 57th, McBee of the 88th, McCHnton 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.
Senate Sponsor: Senator Brown of the 26th.
Senators Johnson of the 1st, Balfour of the 9th, Newbill of the 56th and Johnson of the 2nd offered the following amendment:
Amend HB 1370 by striking lines 3 through 5 of page 1 and inserting in lieu thereof the following:
"delinquent children, so as to provide for notification of certain school superintendents by the Department of Children and Youth Services of specified information upon the release of certain children from confinement or custody of the department; to authorize such department in institutions under its custody and control to require youth to".
By striking lines 15 through 17 of page 1 and inserting in lieu thereof the following:
"children, is amended by striking in their entirety subsection (e.l) and paragraph (1) of subsection (f) and inserting in lieu thereof the following:
'(e.D(l) When a child who has been adjudicated delinquent for the commission of a desig nated felony act as defined in Code Section 15-11-37 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody and to provide written notice to the superin tendent of the school system in which such child was enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice to the school superintendent shall include the specific delinquent act or designated felony act that such child committed.
(2) As long as a good faith attempt to comply with paragraph (1) or paragraph (3) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) or paragraph (3) of this subsection.
(3) When a child who has been convicted of a felony offense in a state court or superior court is released from confinement or custody of the department, it shall be the responsi bility of the department to provide written notice to the superintendent of the school system in which such child was enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice to the school superin tendent shall include the specific delinquent act or designated felony act that such child committed.' "
Senator Johnson of the 1st asked unanimous consent that his amendment be with drawn. The consent was granted.
Johnson 1st and Johnson 2nd offered the following amendment:
Amend HB 1370 by inserting in line 9 of page 1 before the word "to" the words and symbol "to provide for notification upon the release of certain children from confinement or custody of the Department of Children and Youth Services;"
By inserting in line 15 of page 1 following the word "by" the following:
"inserting a third paragraph in subsection (e.l) as follows:
'(3) When a child convicted of a felony offense in a superior court is released from confine ment or custody of the department, the department shall provide written notice, includ ing the delinquent or designated felony act committed, to the superintendent of the

THURSDAY, MARCH 14, 1996

1673

school system in which such child was enrolled or the school in which such child plans to be enrolled.'
SECTION 2.
Said Code section is further amended by". By renumbering Section 2 as Section 3.
On the adoption of the amendment, the yeas were 32, nays 6, and the Johnson, Johnson amendment to HB 1370 was adopted.
Pursuant to Senate Rule 143, action on HB 1370 was suspended and the bill was placed on the General Calendar.
The President resumed the Chair.

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.
Senate Sponsor: Senator Blitch of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, 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 Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

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

Those not voting were Senators:

Broun of 46th Day (excused) Hooks (excused conferee)

Oliver Perdue Scott

Slotin Walker (excused conferee)

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

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

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.
Senator Scott of the 36th moved that the Senate insist on its substitute to HB 1319. On the motion, the yeas 31, nays 0, and the Senate insisted on its substitute to HB 1319. 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 1764. By Representatives Connell of the 115th and Williams of the 114th:
A bill to amend an Act providing a homestead exemption from all Richmond County ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 or who are 65 years of age or over, so as to increase the annual income ceiling to $25,000.00.
The House has agreed to the Senate amendment, to the House substitute, to the fol lowing bill 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.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Crotts Dean Edge Egan Farrow Gillis

THURSDAY, MARCH 14, 1996

1675

Glanton 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 Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Day (excused) Gochenour

Hooks (excused conferee) Slotin

Starr Walker (excused conferee)

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

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

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

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

Those not voting were Senators:

Black Day (excused) Glanton

Hooks (excused conferee) Ragan

Slotin Walker (excused conferee)

On the passage of the bill, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
The following bills were read the first time and referred to committee:
HB 1764. By Representatives Connell of the 115th and Williams of the 114th:
An Act to amend an Act providing a homestead exemption from all ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000 or who are 65 years of age or over, so as to increase the annual income ceiling to $25,000.
Referred to State and Local Governmental Operations Committee.
HB 1894. By Representatives Stanley of the 50th, Stanley of the 49th, Martin of the 47th and others:
A bill to amend an Act creating the City of Atlanta and Fulton County Recrea tion Authority, so as to change the provisions relating to revenue bonds.
Referred to State and Local Governmental Operations Committee.
The Calendar was resumed.
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. Senate Sponsor: Senator Henson of the 55th.
The Senate Consumer Affairs Committee offered the following substitute to HB 1632:
A BILL To be entitled an Act 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 Busi ness Practices Act of 1975," so as to change definitions and references relating to promo tional giveaways; to eliminate the requirement that certain disclosures be made to winners of promotions; to provide that promotions shall not include a requirement that the winner pay additional money to receive the promotion; to provide consumers unlimited time to void a promotion contract; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 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," is amended by striking Code Sections 10-1-392 and 10-1-393, relating to definitions and intentional violations of the Act and examples of unfair or deceptive practices in consumer transactions, respectively, and inserting in lieu thereof new Code sections to read as follows:
"10-1-392.
(a) As used in this part, the term:
(1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate.

THURSDAY, MARCH 14, 1996

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(1.1) 'Campground membership" means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility.
(1.2) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44.
(1.3) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career con sulting firm' does not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency reg ulated under Chapter 10 of Title 34.
(2) 'Consumer acts or practices' means acts or practices intended to encourage con sumer transactions.
(3) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, serv ices, or property, real or personal, primarily for personal, family, or household purposes.
(4) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data stor age and retrieval systems, of any book, record, report, memorandum, paper, communi cation, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate.
(5) "Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect of any such documentary material.
(5.1) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the busi ness, or selling because everything in the business must be sold or that the sale is a trustees sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjust ment sale, or defunct business sale.
(6) 'Health spa' means an establishment which provides, as one of its primary pur poses, services or facilities which are purported to assist patrons to improve their phys ical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' "health spa,' 'spa,' 'exercise gym,' "health studio,' "health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization;
(B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or

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JOURNAL OF THE SENATE

(C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.
(6.1) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility.
(6.2) "Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primar ily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44.
(6.3) 'Office' means any place where business is transacted, where any service is sup plied by any person, or where any farm is operated.
(6.4) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm.
(6.5) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property are purchased, leased, or rented by the office or farm for purposes of reselling them to other persons.
(7) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
(7.1) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion.
(8) 'Promotion' "Piumoliuiial giveaway,' 'promotional contest,' ui 'promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more
cnlClSj Ol* OtilSr it^IH&, lilCIUCtiil DQt flOt TiiilltGQ tO ItGTilS 101 WllICll
is an attempt to charge a nominal amount, are distributed among persons who are required to be present at the place of business or are required to participate in a semi nar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize, gift, award, or other item or to determine which, if any, prize, gift, award, ui other item they will receive. Piumutional giveaways and contests Promotions shall not include any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional ad vertising and literature and the receipt of the prize, gift, award, or other item does not involve an element of chance. Any procedure where the receipt of the prize, gift, awdiJ, or other item is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize; gift, award, or other item involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lot tery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 10-1393 shall not constitute the payment of money!
(9) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangi ble, real, personal, or mixed, or any other article, commodity, or thing of value wher ever situate and shall include any trade or commerce directly or indirectly affecting the people of the state.
(b) An 'intentional violation' occurs when the person committing the act or practice knew that his or her conduct was in violation of this part. Maintenance of an act or practice

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1679

specifically designated as unlawful in subsection (b) of Code Section 10-1-393 after the administrator gives notice that the act or practice is in violation of the part shall be prima-facie evidence of intentional violation. For the purposes of this subsection, the administrator gives notice that an act or practice is in violation of this part by the adop tion of specific rules promulgated pursuant to subsection (a) of Code Section 10-1-394 and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this part; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this state with sufficient assets to respond to a judgment under this part, unless such alleged viola tor has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the administrator.
10-1-393.
(a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful.
(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful:
(1) Passing off goods or services as those of another;
(2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another;
(4) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifi cally declared to be unlawful for any nonlocal business to publish in any local tele phone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business. For purposes of this paragraph, the term:
(A) 'Local' or local area' refers to the area in which any particular telephone classi fied advertising directory is distributed free of charge to some or all telephone ser vice subscribers.
(B) 'Local telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed free of charge to some or all telephone subscribers in any area of the state and includes such directories distributed by tele phone service companies as well as such directories distributed by other parties.
(C) 'Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a three-number pre fix typically used by the local telephone service company for telephones physically located within the local area.
(D) 'Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the sub ject of the advertisement in question;
(5) Representing that goods or services have sponsorship, approval, characteristics, in gredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have;
(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;
(7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;
(8) Disparaging goods, services, or business of another by false or misleading representation;

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(9) Advertising goods or services with intent not to sell them as advertised;
(10 Advertising goods or services with intent not to supply reasonably expectable pub lic demand, unless the advertisement discloses a limitation of quantity;
(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions;
(12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas;
(13) Failure to comply with the following provisions concerning career consulting firms:
(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the con sumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm;
(B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following:
'The provisions of this agreement have been fully explained to me and I under stand that the services to be provided under this agreement by the seller do not include actual job placement.'
The statement shall be signed by both the consumer and the authorized representa tive of the seller;
(C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.'
(14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his or her legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payer is being billed;
(15) Any violation of 49 U.S.C. Sections 32702 through 32704 and any violation of regu lations prescribed under 49 U.S.C. Section 32705. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or regulations shall be consumer transactions and consumer acts or practices in trade or commerce;
(16) Failure to comply with the following provisions concerning piumutioual giveaways or contests promotions:
(A) For purposes of this paragraph, the term:
(i) 'Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material.
(ii) 'In conjunction with and in immediate proximity to," when referring to a listing of verifiable retail value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize.
(iii) 'Notice' means a willleii communication containing all of the disclosures re quired by this paragraph to be received by a participant given to a consumer that has been selected, or has purportedly been selected, to participate in a promotion. If the original notice is in writing, it "shall include all of the disclosures required by this paragraph, if the original notice is oral, it shall include all of the disclosures required by this paragraph and shall be followed by a written notice to the con sumer of the same disclosures. In all cases, written notice shall be received by the consumer before any agreement or other arrangement is entered into which obli gates the consumer in any manner.
(iv) Tarticipant' means a person who is offered an opportunity to participate in a promotion.

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\V/ Jr 1*11116 HicciiiS <i ^Jilt, &Vf~8ifCi t Ol1 Ot.llci "itEm 10 D6 dlStl iDUt^u ill St prOIUOtlOn.
tvrXv) 'Promoter' means the person conducting the promotion.
(virXvi) 'Sponsor' means the person on whose behalf the promotion is conducted in ordeTTo promote or advertise the goods, services, or property of that person.
(viiiXvii) "Verifiable retail value,' when referring to a prize, means:
(I) The price at which the promoter or sponsor can substantiate that a substan tial number of those prizes have been sold at retail by someone other than the promoter or sponsor; or
(II) In the event that substantiation as described in subdivision (I) of this divi sion is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize.
(A.I) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The written notice must be in the hands of given to the participant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation, or other presentation, by whatever name denominated. Notices Writ ten notices may be delivered by hand, by mail, by newspaper, or by periodical. Any offer to participate made through any other medium must be preceded by or followed by the required wiiltuii notice at the required time. It is the intent of this paragraph that full, clear, and meaningful disclosure shall be made to the participant in a man ner such that the participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presen tation to be made in the participant's home; and that this paragraph be liberally construed to effect this purpose. The notice requirements of this paragraph shall be applicable to any promotion offer made by any person in the State of Georgia or any promotion offer made to any person in the State of Georgia;
(B) The piomotkmal giveaway or contest promotion must be an advertising and pro motional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor. The notice shall contain the name and address of the promoter and of the sponsor, as applicable. The promoter and the sponsor may be held liable for any failure to comply with the provisions of this paragraph;
(C) A Notwithstanding that a promotion in which there is a nominal charge fui a prize is subject to regulation uadei this paragi aph, that promotion shall be a viola tion of this paragraph if a person is required to pay any money or furnish any consid eration for the prize, other than the consideration of traveling to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize; provided, however, that the pay ment of any deposit made in connection with an activity described in subparagraph (B) of paragraph (22) of this subsection shall not constitute a requirement to pay any money under this subparagrapK;
(D) Each notice must state the verifiable retail value of each prize which the partici pant has a chance of receiving. Each notice must state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as 'odds.' Odds must be stated as the total number of that particu lar prize which will be given and of the total number of notices. The total number of notices shall include all notices in which that prize may be given, regardless of whether it includes notices for other sponsors. If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not deceive or mislead the participant regarding the participant's chance of re ceiving the prize. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each

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place where it appears on the written notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed in any manner which requires the participant to refer from one place in the written notice to another place in the written notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals;
(E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obliga tion in lieu of the prize, must be given to the participant at the time the participant is so informed;
(F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation has been conspicuously disclosed to the participant in the written notice in at least ten-point boldface type;
(G) In the Except in relation to an activity described in subparagraph (B) of para graph (22) of this subsection, in no event shall any prize is be offered or given which will require the participant to purchase additional goods or~iervices, including ship ping fees, handling fees, or any other charge by whatever name denominated, from any person in order to make the prize conform to what it reasonably appears to be in the mailing or delivery, such lequiremeat and the additional tost to the participant must be clearly disclosed in each place where the prize is listed in tha iiuUce, this
uiijuluouic Midll be iimuc b_y u&nlg tile luilOvViiig aypi Opi i&t&ly CuiilplcteU it&tculctiit.
unless such requirement and the additional cost to the participant is clearly dis closed in each place where the prize is listed in the written notice using a statement in the same size type and boldness as the prize listed
'You must pay $ ______ in order to receive this item.'
A lliS StflLciUtiiiL SI13.il D6 HI tfltt S3. Ill 6 SXZ^ tyjjc fl.ilu. Sfllllti UOlCtilfiSS SiS til 6 pi'iZC llst/GClJ
(H) Any limitation on eligibility of participants must be clearly disclosed in the notice;
(I) Substitutes of prizes shall not be made. In the event the represented prize is unavailable, the participant shall be presented with a certificate which the sponsor shall honor within 30 days by shipping the prize, as represented in the notice, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the sponsor shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the notice;
(J) In the event the participant is presented with a voucher, certificate, or other evi dence of obligation as the participant's prize, or in lieu of the participant's prize, it shall be the responsibility of the sponsor to honor the voucher, certificate, or other evidence of obligation, as represented in the notice, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obliga tion fails to honor it as represented in the notice;
(K) The geographic area covered by the notice must be clearly stated. If any of the prizes may be awarded to persons outside of the listed geographical area or to par ticipants in promotions for other sponsors, these facts must be clearly stated, with a corresponding explanation that every prize may not be given away by that particular sponsor. If prizes will not be awarded or given if the winning ticket, token, number, lot, or other device used to determine winners in that particular promotion is not presented to the promoter or sponsor, this fact must be clearly disclosed;
(L) Upon request of the administrator, the sponsor or promoter must within ten days furnish to the administrator the names, addresses, and telephone numbers of per sons who have received any prize;

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(M) A list of all winning tickets, tokens, numbers, lots, or other devices used to deter mine winners in piumutioiial contests promotions involving an element of chance must be prominently posted at the place~bf business or distributed to all participants if the seminar, sales presentation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests;
(N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery;
(O) Any person who participates in a prumulioiial giveaway ui1 contest promotion and does not receive an item which conforms with what that person, exercising ordinary diligence, reasonably believed that person should have received based upon the rep resentations made to that person may bring the private action provided for in Code Section 10-1-399 and, if that person prevails, shall be awarded, in addition to any other recovery provided under this part, a sum which will allow that person to purchase an item at retail which reasonably conforms to the prize which that person, exercising ordinary diligence, reasonably believed that person would receive; and
(P) In addition to any other remedy provided under this part, where a contract is entered into while participating in a promotional giveaway or contest promotion which does not conform with this paragraph, the contract shall be voidable by the participant for seven ten business days following the date of the coiiU'act partici pant's receipt of the prize. In order to void the contract, the participant must notify the sponsor in writing within seven ten business days following the signing of the contract participant's receipt of the prize;
(17) Failure to furnish to the buyer of any campground membership or marine mem bership at the time of purchase a notice to the buyer allowing the buyer seven days to cancel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:
'Notice to the Buyer
Please read this form completely and carefully. It contains valuable cancellation rights.
The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice.
This cancellation right cannot be waived in any manner by the buyer or buyers.
Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation.
To cancel, sign this form, and mail by certified mail, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photocopy of the signed form and your post office receipt.
Seller's Name
Address to which cancellation is to be mailed
I (we) hereby cancel this transaction.
Buyer's Signature

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Buyer's Signature
Date
Printed Name(s) of Buyer(s)
Street Address
City, State, ZIP Code'
(18) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (17) of this subsection;
(19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection;
(20XA) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or war ranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other appli cable provision of law.
(B) Advertising to assist debtors whose loan for property the debtors use as a dwell ing place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property.
(C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:
(i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive;
(ii) This contract shall contain a statement in boldface type which complies sub stantially with the following:
'The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.'
This statement shall be signed by the debtor and the buyer;
(iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and

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(iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-22, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:
Notice to the Seller
Please read this form completely and carefully. It contains valuable cancellation rights. The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice. This cancellation right cannot be waived in any manner by the seller or sellers. Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail, return receipt re quested, and to keep a photocopy of the signed form and your post office receipt.
Buyer's Name
Address to which cancellation
is to be returned I (we) hereby cancel this transaction.
Seller's Signature
Seller's Signature
Date
Printed Name(s) of Seller(s)
Street Address
City, State, ZIP Code' (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present:
(i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited war ranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease or as a tenant at will; (21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular

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charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertise ment and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised;
(22) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that:
(A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is a piumotiunal scheme designed to make contact with prospective customers, or in which all or a substantial number of those entering such competi tive enterprise receive the same prize or opportunity; or
(B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless:
(i) The item represented includes all transportation, meals, and lodging; or
(ii) The representation specifically describes any transportation, meals, or lodging which are not included?; or
(iii) The representation discloses that a deposit is required to secure a reservation, if that is the caieT
The provisions of this paragraph shall not apply where the party making the represen tations is in compliance with paragraph (16) of this subsection;
(23) EACci>t gis k>IOVid^d in L>didgidk;li (1C) of this SiibScCtJOfl--iU> Uqi LiwikMiXt hliAll be
vffeicj in Llic UL Oiiiutiuiiql ^ivcaWqv Oi' mutest. Aaiy Oi'vmiutiOii Whidl icuUJifeS d i>ai-
liave been awarded to such yarsou shall be unlawful Except in relation to an activity which is in compliance with paragraphs (16) or (22) of this subsection, stating, in writ ing or by telephone, that a person has won, is the winner of, or will win or receive anything of value, unless the person will receive the prize without obligation;
(24)(A) Conducting a going-out-of-business sale for more than 90 days.
(B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going-out-of-business sale.
(C) The prohibitions of this paragraph shall not extend to any of the following:
(i) Sales for the estate of a decedent by the personal representative or his the per sonal representative's agent, according to law or by the provisions of the will;
(ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judg ment or ordered to be sold according to the deed, mortgage, judgment, or order;
(iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his the seller's control on or belonging to his the seller's real or personal estate and not purchased or sold for speculation;
(iv) All sales under legal process;
(v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or
(vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia;

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(25) The issuance of a check or draft by a lender in connection with a real estate trans action in violation of Code Section 44-14-13;
(26) With respect to any individual or facility providing personal care services:
(A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals;
(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services; and
(ii) For which it has not been specifically authorized.
Nothing in this subparagraph prohibits advertising by a personal care home for serv ices authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4;
(C) For purposes of this paragraph, 'personal care' means protective care and watch ful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services.
The provisions of this paragraph shall be enforced following consultation with the De partment of Human Resources which shall retain primary responsibility for issues re lating to licensure of any individual or facility providing personal care services;
(27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize, awaid, ui uthm Hum in a promotion, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is 'aonddesl'e; ment of chance in winning a prize, award, ur uLhui ilem, the odds of winning as
(28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdiction over such complaints; or
(29) With respect to any individual or facility providing home health services:
(A) For any person or entity not duly licensed by the Department of Human Re sources as a home health agency to regularly hold itself out as a home health agency; or
(B) For any person or entity not duly licensed by the Department of Human Re sources as a home health agency to utilize the words 'home health' or 'home health services' in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words "home health' or 'home health services' in conjunction with the words 'equipment,' 'durable medical equip ment,' 'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion therapy,' or 'supplies' in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the cate gory 'home health services' in any advertising publication which divides its adver tisements into categories, provided that:
(i) The advertisement is not placed in the category with the intent to mislead or deceive;
(ii) The use of the advertisement in the category is not part of an unfair or decep tive practice; and
(iii) The advertisement is not otherwise unfair, deceptive, or misleading.

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For purposes of this paragraph, the term 'home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies.
(c) A seller may not by contract, agreement, or otherwise limit the operation of this part notwithstanding any other provision of law.
(d) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could rea sonably serve to identify any person making a complaint about unfair or deceptive acts or practices; shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclosure to the complainant's identity may aid in resolution of the complaint, from be ing informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th offered the following amendment:
Amend the committee substitute to HB 1632 by striking line 3 on page 14 and inserting in lieu thereof the following:
"following the signing uf the contract participant's".
On the adoption of the amendment, the yeas were 37, nays 0, and the Henson amend ment to the committee substitute was adopted.
Senators Johnson of the 1st and Marable of the 52nd offered the following amendment:
Amend the Senate Consumer Affairs Committee substitute to HB 1632 by striking line 5 of page 1 and inserting in lieu thereof the following:
"; to provide for offenses relating to consumer reporting agencies; to eliminate the".
By striking lines 20 and 21 of page 2 and inserting in lieu thereof the following:
"(2) 'Consumer' means a natural person.
(2.1) 'Consumer acts or practices' means acts or practices intended to encourage con sumer transactions.
(2.2) 'Consumer report' means any written or other communication of any information Ey a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibil ity for:
(A) Credit or insurance to be used primarily for personal, family, or household pur poses; or
(B) Employment consideration.
(2.3) 'Consumer reporting agency' or 'agency' means any person which, for monetary Fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other informa tion on consumers for the purpose of furnishing consumer reports to third parties."

THURSDAY, MARCH 14, 1996

1689

By striking line 37 on page 2 and inserting in lieu thereof the following:
"(5.1) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored.
(5.2) 'Going-out-of-business-sale' means any offer to".
By striking in their entirety lines 8 and 9 of page 21 and inserting in lieu thereof the following:
"or

(29) With respect to any consumer reporting agency:
(A) Any person who knowingly and willfully obtains information relative to a con sumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor;
(B) Any officer or employee of a consumer reporting agency who knowingly and will fully provides information concerning an individual from the agency's files to a per son not authorized to receive that information shall be guilty of a felony; anH
(C) Each consumer reporting agency which compiles and maintains files on consum ers on a nation-wide basis shall furnish to any consumer who has provided appropri ate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge; or
f29}(30) With respect to any individual or facility".
Senator Johnson of the 1st offered the following amendment:
Amend Johnson of the 1st and Marable of the 52nd amendment to HB 1632 on line 13 of page 2, change "felony" to "misdemeanor".
On the adoption of the amendment, the yeas were 43, nays 0, and the Johnson amend ment to the Johnson, Marable amendment was adopted.
On the adoption of the Johnson, Marable amendment, 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:

Abernathy Balfour Black Blitch Boshears Broun of 46th Burton Cheeks Edge Farrow Glanton Gochenour Griffin

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

Newbill Perdue Pollard Ragan Ralston Ray Scott Stokes Tanksley Thomas Thompson Walker

Those voting in the negative were Senators:

Bowen Brown of 26th Cagle Clay Crotts Dean

Egan Gillis Guhl Land Langford

Oliver Starr Taylor Turner Tysinger

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Those not voting were Senators:

Day (excused)

Hooks (excused conferee)

Slotin

On the adoption of the amendment, the yeas were 37, nays 16, and the Johnson, Marable amendment to the committee substitute was adopted as amended.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts 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 Middleton

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

Voting in the negative was Senator Burton.

Those not voting were Senators:

Balfour Day (excused)

Hooks (excused conferee) Slotin

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 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. Senate Sponsor: Senator Oliver of the 42nd.
Senators Oliver of the 42nd and Farrow of the 54th offered the following amendment:
Amend HB 1420 by striking line 30 of page 1 and inserting in lieu thereof the following:
"(g) By the 20th day of each month, the state registrar". On the adoption of the amendment, the yeas were 40, nays 0, and the Oliver, Farrow
amendment to HB 1420 was adopted:

THURSDAY, MARCH 14, 1996

1691

Senator Oliver of the 42nd offered the following amendment:
Amend HB 1420 by striking line 3 of page 1 and inserting in lieu thereof the following:
"change the provisions relating to health care data reporting; to provide that when a death certificate is recorded, the". By striking lines 9 through 11 of page 1 and inserting in lieu thereof the following:

"SECTION 1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing paragraph (14) of subsection (c) of Code Section 31-7-280, relating to health care pro vider reports, and inserting in its place the following:
'(14) Data available on a currently recognized uniform billing statement or substantially similar form generally used by health care providers which reflect, but are not limited to, the following information obtained during a two-mouth 12 month period during each reporting year period: unique longitudinal nonidentifying patient code, the patient's age birth date, sex, race, geopolitical subdivision code, ZIP Code, county of residence, type of bill, payer souicub, date of admission, discharge date, disposition of the patient, medical or health record number, principal and secondary diagnoses, primary diagnoses, princi pal and secondary procedures and procedure dates, external cause of injury codes, diag nostic related group number (PEG), DRG procedure coding used, revenue codes, total charges and summary of charges by department; revenue code, payor or plan identifica tion, or both, uniform physician identification number, uniform hospital identification number, attending physician and other ordering, referring, or performing physician iden tification number and data by payei catugoiy specialty code.'

SECTION 2.

Said title is further amended by striking".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
Senator Oliver of the 42nd asked unanimous consent that her 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 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 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

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Those not voting were Senators:

Day (excused) Hooks (excused conferee)

Middleton 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.

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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Special Judiciary Committee offered the following substitute to HB 1322:
A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, and Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide concurrent jurisdiction for certain probate courts over cases charging pos session of one ounce or less of marijuana and cases charging furnishing alcoholic beverages to persons under 21 or purchase or possession of alcoholic beverages by underage persons; to provide for trial of such misdemeanor cases upon a summons or citation in lieu of accusa tion in probate courts which have jurisdiction over such misdemeanor offenses; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by inserting a new Code sec tion to be designated Code Section 15-9-30.6 to read as follows:
"15-9-30.6.
(a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over mis demeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses:
(1) Possession of one ounce or less of marijuana, in accordance with Code Sections 1613-2 and 16-13-30; and
(2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.
(b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.
(c) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify

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the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."

SECTION 2.

Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, is amended by inserting a new Code section to be designated Code Section 177-72 to read as follows:
"17-7-72.

In probate courts which have jurisdiction over misdemeanor possession of marijuana in accordance with Code Sections 16-13-2 and 16-13-30 and certain misdemeanor violations of Code Section 3-3-23 pursuant to Code Section 15-9-30.6, the following offenses may be tried upon a summons or citation without an accusation:
(1) Possession of one ounce or less of marijuana, in accordance with Code Sections 1613-2 and 16-13-30; and
(2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors."

SECTION 3.

This Act shall become effective on July 1, 1996, and shall apply to offenses which occurred or are alleged to have occurred on or after July 1, 1996.

SECTION 4.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge 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 Perdue
Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Egan

Hooks (excused conferee) James

Slotin

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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 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.
Senator Sponsor: Senator Farrow of the 54th.

Senator Egan of the 40th moved the previous question.
On the motion, the yeas were 39, 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 Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts 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
Ralston
Ray Scott Starr Stokes Tanks! ey
Taylor Thomas Thompson Turner
Tysinger Walker

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

Not voting were Senators Day (excused) and Slotin.
On the passage of the bill, the yeas were 52, nays 2. 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 9:00 P.M., the President announced the Senate adjourned.

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1695

Senate Chamber, Atlanta, Georgia Friday, March 15, 1996
Thirty-ninth 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 has been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House:
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 1879. By Representative Powell of the 23rd:
A bill to create the City of Hartwell Recreation Authority.
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 1880. By Representatives Mann of the 5th, Kinnamon of the 4th and Lifsey of the 6th:
A bill to increase the homestead exemption from Whitfield County ad valorem taxes for county purposes and provide for conditions and procedures relating thereto.
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 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.

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HB 1227. By Representatives Manner 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 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.
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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.
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.
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 1502. By Representative Ashe of the 46th:
A bill to provide a new charter for the City of Atlanta.

FRIDAY, MARCH 15, 1996

1697

The House has agreed to the Senate substitute to the following resolution 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.
The House has adopted the report of the Committee of Conference on 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 following committee report was read by the Secretary:

Mr. President:

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

HB 1410. Do pass.

HB 1887. Do pass.

HB 1411. Do pass.

HB 1888. Do pass as amended.

HB 1528. Do pass.

HB 1890. Do pass.

HB 1828. Do pass.

HB 1891. Do pass.

HB 1853. Do pass.

HB 1207. Do pass by substitute.

HB 1886. Do pass.

HB 1740. Do pass by substitute.

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

Senator Pollard of the 24th moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Thompson was excused.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the mo tion, the yeas were 40, nays 0; the motion prevailed, and Senator Kemp was excused.
The President called for the morning roll call, and the following Senators answered to their names:

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

Crotts Day Dean Edge Egan Gillis Glanton Gochenour Griffin Guhl Harbison

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

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McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Scott Starr Stokes Tanksley

Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy Farrow

Kemp (excused) Ray

Slotin Thompson (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Henson of the 55th introduced the chaplain of the day, Dr. Kenneth Samuel, pastor of Victory Baptist Church, Stone Mountain, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:

SR 698. By Senators Ragan of the llth, Bowen of the 13th, Broun of the 46th and others: A resolution honoring Ms. Elsie Peacock Hand.

SR 699. By Senator Griffin of the 25th: A resolution commending Chaplinwood Nursing Home.

SR 700. By Senator Taylor of the 12th:
A resolution recognizing and commending Mattie Pinckney and her pecan pie as worthy of unique and special standing as Georgia welcomes the world during the 1996 Summer Olympic Games.

SR 701. By Senator Ralston of the 51st:
A resolution commending the Fannin County High School Lady Rebels.
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 Friday, March 15, 1996
THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1410 Johnson, 1st Johnson, 2nd CHATHAM COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court.

HB 1411 Johnson, 1st Johnson, 2nd CHATHAM COUNTY
An Act to provide for the nonpartisan nomination and election of the judges of the Recorder's Court.

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1699

HB 1528 Hooks, 14th MACON COUNTY
An Act to amend an Act creating a board of commissioners, so as to change the compensation of the chairperson and members of such board.
HB 1828 Hooks, 14th CITY OF LEESBURG
An Act to amend an Act entitled "An Act to create a new charter, so as to de scribe the corporate boundaries of such city."
HB 1853 Madden, 47th CITY OF JEFFERSON
An Act to amend an Act establishing a public school system, 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.
HB 1886 Cagle, 49th TOWN OF CLERMONT
An Act to amend an Act providing a new charter, so as to change certain provi sions relating to the terms of office of the mayor and councilmembers.
HB 1887 Middleton, 50th CITY OF DAWSONVILLE
An Act to amend an Act granting a new city charter, so as to provide a new city charter.
*HB 1888 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
An Act to amend an Act creating the State Court, so as to change certain provi sions relating to the chief judge and judges of the State Court. (AMENDMENT)
HB 1890 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
An Act to amend an Act creating the State Court, so as to change the compensa tion of the solicitor of said court.
HB 1891 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
An Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.

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*HB 1207 Walker, 22nd Cheeks, 23rd CITY OF AUGUSTA RICHMOND COUNTY
An Act to create the Augusta-Richmond Consolidated Government Coliseum Authority Act. (SUBSTITUTE)
*HB 1740 Walker 22nd Cheeks, 23rd RICHMOND COUNTY
An Act to amend an Act establishing the compensation of certain officials, so as to change the compensation of certain officials. (SUBSTITUTE)
The amendment to the following bill was put upon its adoption:
*HB 1888:
The State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1888 by striking in its entirety Section 7 at page 4, lines 19-24 and then renumbering Section 8 as Section 7.
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1207:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1207:
A BILL
To be entitled an Act to amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, so as to change the name of the Augusta-Richmond County Coliseum Authority to the "Augusta-Richmond County Consolidated Government Coliseum Authority"; to change the short title of said Act; to change the provisions relating to the membership of the authority and the provi sions relating to appointment, vacancies, qualifications, and terms of members of the au thority; to provide for the powers and duties of the authority; to provide for officers of the authority, their terms, and their powers and duties; to provide for rules and regulations for the government of the authority; to provide for open and public meetings; to provide for compensation and expenses; to change the provisions relating to quorums and provide for the vote necessary to take action on certain matters; to provide for a code of ethics; to prohibit certain transactions; to provide for removal of members of the authority and the practices and procedures connected therewith; to change certain references to refer to the consolidated government and to the new name of the authority; to provide for definitions; to change the provisions providing for notification and reports; to change the provisions relat ing to contracting parties; to change the provisions relating to the credit of certain entities and governments not being pledged; to change the provisions relating to tort immunity; to provide that the change of the name of such authority and the change of the provisions relating to the membership of the authority shall not affect the rights of any bondholder or affect or impair the obligation of any contract; to provide for other matters relating to the authority; to provide for effective dates; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1996

1701

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1.
Short Title.
This Act shall be known and may be cited as the 'Augusta-Richmond County Consolidated Government Coliseum Authority Act.'"
SECTION 2.
Said Act is further amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2.
Augusta-Richmond County Consolidated Government Coliseum Authority.
(a) The body corporate and politic formerly known as the Augusta-Richmond County Col iseum Authority shall, on and after April 1, 1996, be known as the Augusta-Richmond County Consolidated Government Coliseum Authority and shall continue to operate as same as a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of 12 members appointed by the Augusta-Richmond County Commission-Council. The terms of the 12 members serving on the Augusta-Richmond County Coliseum Authority on April 1, 1996, shall terminate on April 1, 1996, and the Augusta-Richmond County Commission-Council shall appoint 12 persons to serve as members of the Augusta-Richmond County Consolidated Government Coliseum Author ity for terms beginning on April 1, 1996. When the term of any member expires, his or her successor shall be appointed by the Augusta-Richmond County Commission-Council. Four members shall be appointed for initial terms of one year, four members shall be appointed for intital terms of two years, and four members shall be appointed for initial terms of three years. Following such initial terms, all members shall be appointed for terms of three years and until their respective successors are appointed and qualified. No member shall be authorized to serve more than two consecutive terms of office, except that a member who is appointed to fill a vacancy on the authority may serve for the remainder of such unexpired term plus two consecutive terms thereafter. All members of the authority, including members appointed to fill a vacancy, shall be residents of the area governed by the Augusta-Richmond County Commission-Council for a period of not less than one year immediately prior to their appointment. The Augusta-Richmond County Consolidated Government Coliseum Authority shall be a continuation of and a direct successor to the Augusta-Richmond County Coliseum Authority.
(b) The members of the authority shall elect one of their number as chairperson, shall elect another as vice chairperson, and may also elect a secretary and treasurer or a secre tary-treasurer, who need not necessarily be a member of the authority.
(c) The chairperson, vice chairperson, secretary, and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Seven members of the authority shall constitute a quorum, but the affirmative vote of seven members of the authority shall be necessary to authorize any official action of the authority.
(d) In the event of a vacancy by reason of death, disqualification, resignation, removal of a member from the authority as provided in this Act, or other reason, the Augusta-

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Richmond County Commission-Council shall appoint a person meeting the qualifications for membership to serve the remainder of the unexpired term of such member.
(e) No vacancy on the authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the authority.
(f) The chairperson of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. The chairperson shall appoint all members of committees of the authority and shall designate the chairperson of each such committee.
(g) The authority shall make and implement rules and regulations for its own govern ment. The failure of the members of the authority to make and implement rules and regulations shall be grounds for the removal of all or any portion of the members of the authority by the governing body. The authority shall have perpetual existence.
(h) All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. All such expenses shall be paid from the funds of the authority.
(i) The Augusta-Richmond County Commission-Council and the legislative delegation shall be furnished by the authority with a quarterly financial report which shall include separate itemizations for tax revenue, revenue generated from performances, financial projections for the next two years, and any major renovation or upkeep project exceeding $10,000.00.
(j) The authority shall only hire a general manager to perform such duties as shall be specified by the authority on the basis of a two-year contract. The performance of the general manager shall be reviewed annually and the general manager's salary shall be a fixed figure on an annual basis.
(k) The authority shall make any rules and regulations it deems necessary as to the issuance of discounted tickets for use by nonprofit organizations as defined in Section 501(c) of the Internal Revenue Code, as amended.
(1) All meetings of the authority shall be subject to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, and shall be open to the public except as otherwise provided in such chapter.
(m)(l) As used in this subsection, the term:
(A) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.
(B) 'Family' means spouse and children.
(C) 'Person' means any person, corporation, partnership, proprietorship, firm, enter prise, franchise, association, organization, or other legal entity.
(D) 'Substantial interest' means the direct or indirect ownership of more than 10 percent of the assets or stock of any business.
(E) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. Such term does not include the renting of the au thority's buildings for hire.
(2) No member of the authority shall, for such person or on behalf of any business in which such person or such person's immediate family has a substantial interest, trans act any business with the authority.

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1703

(3) No person who has been elected to and who is serving in any elective office shall, for such person or on behalf of any business in which such person or such person's immedi ate family has a substantial interest, transact any business with the authority except on a sealed competitive bid basis.
(n) Each member of the authority shall:
(1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion;
(2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration;
(3) Never use any information coming to him or her confidentially in the performance of authority duties as a means for making private profit;
(4) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circum stances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member's official duties;
(5) Expose corruption wherever discovered;
(6) Never accept any economic opportunity under circumstances where he or she knows or should know that there is a substantial possibility that the opportunity is being afforded him or her with intent to influence his or her conduct in the performance of his or her official duties; and
(7) Never engage in other conduct which is unbecoming to a member or which consti tutes a breach of public trust.
(o) Any member of the authority may be removed from the authority for any of the following:
(1) Inability or neglect to perform the duties of a member;
(2) Incompetence;
(3) Dishonest conduct;
(4) Conviction of a crime involving moral turpitude;
(5) Failure to attend three consecutive regular meetings of the authority without cause;
(6) Failure to maintain residency within the area governed by the Augusta-Richmond County Commission-Council;
(7) Any violation of subsection (m) of this section, relating to doing business with the authority; or
(8) Any violation of subsection (n) of this section, relating to the code of ethics for mem bers of the authority.
(p) A member of the authority may be removed from membership on the authority for any reason specified in subsection (o) of this section. The governing body shall initiate the removal of a member by serving the member with a written complaint directing the member to appear before a three-member panel convened by the governing body on a date certain and at a time specified in the complaint. The three-member panel shall be composed of three members appointed by the Augusta-Richmond County CommissionCouncil. The complaint shall specify the ground or grounds upon which removal is sought under this Act and the factual circumstances relating thereto. The hearing on the complaint shall be held not earlier than 15 days after the member whose removal is sought is served with such complaint. The member whose removal is sought may appear with legal counsel to answer the charges contained in the complaint. After considering the testimony of witnesses and any other evidence presented, the three-member panel, based on the evidence presented, shall determine whether the clear and convincing weight of the evidence shows that the member did violate one or more of the grounds

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specified in subsection (o) of this section. If the three-member panel determines that one or more grounds for removal exist, they shall enter a written order removing such mem ber from membership on the authority. If no ground for removal is found to exist, the complaint shall be dismissed and the member shall remain a member of the authority for the remainder of his or her term."
SECTION 3.
Said Act is further amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows:
"SECTION 3.
Definitions.
(a) As used in this Act, the term:
(1) 'Authority' means the Augusta-Richmond County Consolidated Government Coli seum Authority created by this Act.
(2) 'Cost of the project' shall mean and embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural, and legal expenses and of plans and specifications, and other expenses necessary or incident to the financing authorized in this Act, or the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construc tion and operation. Any obligation or expense incurred for any of the foregoing pur poses shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) 'Governing body' means the Augusta-Richmond County Commission-Council.
(4) 'Legislative delegation' means the members of the General Assembly whose dis tricts are located totally or partially within Richmond County.
(5) 'Project' shall be deemed to mean and include the acquisition, construction, equip ping, maintenance, and operation of multiuse coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political con ventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, with out limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such under takings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or private so as to assure the efficient and proper develop ment, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable. The authority shall have the right to acquire and construct more than one project and any combination of facilities may be con structed as a separate project.
(6) 'Revenue bonds,' 'bonds,' and 'obligations' mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' and such type of obligations may be issued by the authority as authorized under said 'Revenue Bond Law' and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act.

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(b) Any project shall be deemed 'self-liquidating' if in the judgment of the authority the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and inter est of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects."
SECTION 4.
Said Act is further amended by striking Section 4A of said Act and inserting in lieu thereof a new Section 4A to read as follows:
"SECTION 4A. Contracting parties.
The authority, in considering whether a contracting party for a project is responsible, may consider the contracting party's quality of work, general reputation in the commu nity, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan. The members of the authority shall notify annually the Augusta-Richmond County Commission-Council and the legislative delegation of efforts to comply with the goals of such a plan."
SECTION 5.
Said Act is further amended by striking Section 14 of said Act and inserting in lieu thereof a new Section 14 to read as follows:
"SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, the Consolidated Government of Augusta-Richmond County, Richmond County, the former City of Augusta, or any other political subdivision or a pledge of the faith and credit of said state, consolidated government, county, city, or polit ical subdivision, but such bonds shall be payable solely from the funds provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contin gently obligate the state, the consolidated government, county, city, or other political subdivision to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment. All such bonds shall contain recitals on their face cover ing substantially the foregoing provisions of this section."
SECTION 6.
Said Act is further amended by striking Section 27 of said Act and inserting in lieu thereof a new Section 27 to read as follows:
"SECTION 27. Tort Immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as the Consolidated Government of Augusta-Richmond County and counties generally; and the officers, agents, and employees of the authority when in the perform ance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the Consoli dated Government of Augusta-Richmond County and counties generally when in the per formance of their public duties or work."

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SECTION 7.
The change of the name of the Augusta-Richmond County Coliseum Authority to the Au gusta-Richmond County Consolidated Government Coliseum Authority and the change in the membership of such authority by this Act is not intended, nor shall it be construed, to affect the rights of any bondholder or to otherwise affect or impair the obligation of any contract. On and after the effective date of this Act the Augusta-Richmond County Consoli dated Government Coliseum Authority shall be substituted for and shall be a direct succes sor to and a continuation of the Augusta-Richmond County Coliseum Authority for all purposes.
SECTION 8.
This Act shall become effective for all purposes on April 1,1996, provided that solely for the purpose of making appointments to the Augusta-Richmond County Consolidated Govern ment Coliseum Authority, this Act shall become effective for such purpose upon its ap proval by the Governor or upon its becoming law without such approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1740:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1740:
A BILL
To be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6068), so as to change the compensation of certain officials; to provide for the payment of such compensation; 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 establishing the compensation of certain officials in Richmond County, approved April 12,1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6068), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1.
(a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:

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(1) Clerk of superior court and state court ............................ $52,300.00 (2) Judge of the probate court ....................................... 40,071.00 (3) Tax commissioner ............................................... 58,600.00 (4) Judge of the state court.......................................... 68,004.00 (5) Solicitor of the state court. ....................................... 32,000.00 (6) Coroner........................................................ 46,000.00 (7) Judge of the civil court .......................................... 51,267.00 (8) Associate judge of the civil court.................................. 51,852.00 (9) District attorney ................................................ 14,904.00 (10) Judge of the superior court. ..................................... 17,981.00 (11) Sheriff........................................................ 59,000.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments. The compensation provided for in subsection (a) of this section may not be increased or supplemented by the governing authority of Richmond County."

SECTION 2.

During calendar year 1996, the coroner shall receive in addition to his or her normal sal ary, the sum of $6,000.00 to be paid in equal monthly installments beginning the month in which this Act becomes effective and paid through December, 1996.

SECTION 3.

Section 1 of this Act shall become effective on January 1, 1997. The remaining provisions of 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 46, 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 Boshears Bowen
Broun of 46th Brown of 26th
Burton Cagle Cheeks Clay Crotts Day Dean Egan Gillis
Glanton

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

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

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Those not voting were Senators:

Black Blitch
Edge Farrow

Hooks Kemp (excused) Newbill

Ray Slotin Thompson (excused)

On the passage of the local bills, the yeas were 46, nays 0.
The bills on the Local Consent Calendar, except HB 1888, HB 1207 and HB 1740, having received the requisite constitutional majority, were passed.
HB 1888 was passed as amended.
HB 1207 and HB 1740 were passed by substitute.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
The following population bill of the House, favorably reported by the committee as listed on the Senate Consent Calendar for General Population Bills, was put upon its passage:
SENATE CONSENT CALENDAR FOR GENERAL POPULATION BILLS
Friday, March 15, 1996 THIRTY-NINTH LEGISLATIVE DAY

HB 1840 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
To fix the compensation of the board of commissioners of counties having a pop ulation of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; and for other purposes.
The amendment to the following bill was put upon its adoption:
*HB 1840:
Senators Newbill of the 56th and Tysinger of the 41st offered the following amendment:
Amend HB 1840 by adding immediately preceding the semicolon on line 8 of page 1 the following:
"and provide for inapplicability".
By striking lines 31 through 34 of page 1 and line 1 of page 2 and inserting in their places the following:
"annum. Said compensation shall be set within the limits of this section after a public hearing in a separate resolution adopted by a recorded vote and shall be included in the county's budget after such adoption. The compensation".

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1709

By adding before the quotation mark on line 4 of page 2 the following:
"This section shall not apply to any county which has an elected chief executive officer having any powers which may only be changed if approved in a special election."
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 reported, was agreed to as amended.
On the passage of the bill on the Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Hill James Johnson of 2nd Land Langford Madden Marable McGuire

Middleton Oliver Perdue Pollard Ragan Scott Starr Stokes Taylor Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Cagle Clay Day

Henson Lamutt Newbill

Ralston Tanksley

Those not voting were Senators:

Abernathy Boshears Hooks

Johnson of 1st Kemp (excused) Ray (presiding)

Slotin Thompson (excused)

On the passage of the population bill, the yeas were 40, nays 8.
The bill on the Senate Consent Calendar for General Population Bills, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Friday, March 15, 1996 THIRTY-NINTH LEGISLATIVE DAY

HB 1290 Motor vehicle emission inspections; amend provisions (Amendment) (Nat R --28th) Jamieson--22nd
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 14, 1996.)

HB 1399 Sales tax exemptions; certain sales by charitable organizations (Amendment) (F&PU--44) Mobley--86th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 14, 1996.)

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HB 1370 Unruly or delinquent children; certain detention; religious activities (Amend ment) (Judy--26th) Sinkfield--57th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 14, 1996.)
HB 1160 Watercraft; life preservers; requirements (Substitute) (Nat R--20th) Carter --166th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1996.)
HB 213 Superior Court Judges Retirement; creditable service; juvenile court judge (Ret--54th) Poston--3rd
HB 315 Sentence circumvention; define offense (Substitute) (S Judy--32nd) Holmes --53rd
HB 1689 Highways; multiple message signs; provisions (Trans--1st) Williams--114th
HB 1430 State courts of counties; revise provisions relating to solicitors (Amendment) (Judy--54th) Barnes--33rd
HB 1803 State-wide Suggestion System Act; enact; create Awards Committee (Amend ment) (C Aff--55th) Sherrill--62nd
HB 838 Insurance: risk-based capital levels; provisions (Substitute) (I&L--56th) Culbreth--132nd
HB 1555 Controlled substances; trafficking; change penalties (Amendment) (S Judy --40th) Chambless--163rd
HB 1761 Superior court clerks; record storage other than at courthouse (Substitute) (S Judy--46th) Heard--89th
HB 1341 Criminal procedure; regional jail authority; amend provisions (Judy--12th) Greene--158th
HB 1728 Motor vehicle franchisors; prohibit certain practices (C Aff--4th) Parham --122nd
HR 1091 Commission on the Appellate Courts of Georgia; create (Rules--36th) Chambless--163rd
HB 1122 Courts; television or movie cameras; prohibition; exception (Judy--42nd) Murphy--18th
HB 1155 Disabled veterans or blind persons; exempt; occupation taxes (D&VA--53rd) Kinnamon--4th
HB 1130 Insurance; companies insuring places of worship; certain exemption (Amend ment) (I&L--56th) Walker--87th
HB 1590 Technical and Adult Education; powers; student live work projects (Amend ment) (H Ed--4th) Godbee--145th
HB 1442 Trade practices; recycled antifreeze; applicability (Substitute) (C Aff--55th) Reaves--178th

FRIDAY, MARCH 15, 1996

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HB 1405 Warehousing; agricultural products; electronic receipts (Ag--45th) Greene --158th
HB 1272 Used motor vehicles; dealers and parts dealers; amend provisions (C Aff--55th) Skipper--137th
HB 1636 Asbestos Licensing Board; repeal; transfer duties to EPD of the Department of Natural Resources (Nat R--55th) Hanner--159th
HB 256 Driver's license; false information; sanctions (Substitute) (Pub Saf--54th) Parham--122nd
HR 826 Regional development center boundaries; ratify change (SLGO-G--25th) Coleman-- 142nd
HB 1293 State quartermaster; change name to state property and fiscal officer (D&VA --15th) Birdsong--123rd
SR 639 Senate Certificate of Need Study Committee -- create (Rules--52nd)
HB 1804 Medical assistance; provider sponsored networks (Amendment) (H&HS--22nd) Murphy--18th
HB 1222 Alcoholic beverages; residential community development districts (SLGO-G --53rd) Simpson--101st
HR 1074 North Georgia College; Senior Reserve Officers' Training Corps program (D&VA--15th) Purcell--9th
HB 1583 Department of Human Resources; nursing home surveys; disclosure (Substi tute) (Judy--54th) Jones--71st
HB 1300 MARTA; reserve funds; use of earned interest (SLGO-G--34th) Sinkfield--57th
HR 854 CA: Emergency management, preparedness, and assistance trust fund; author ized creation (D&VA--15th) Purcell--9th
HB 1440 Emergency Management Preparedness and Assistance Trust Fund; provisions (Amendment) (D&VA--15th) Purcell--9th
HB 1383 Laws and statutes; certain compensation increases; effective date (SLGO-G --35th) Royal--164th
HB 1496 Pharmacists; redefine clinic pharmacy (H&HS--17th) Snow--2nd
HB 1014 Fireworks; storage; magazine license (Amendment) (Judy--51st) Cummings --27th
HB 1188 Traffic offenses; posting of bonds; amend provisions (S Judy--28th) Smith --109th
HB 1234 Wills and codicils; affidavits; certification form (Judy--16th) Buck--135th
HR 885 Long County; convey property (F&PU--3rd) Mosley--171st
HB 1396 Courts; judicial office; additional qualification (Judy--42nd) Williams--63rd
HB 273 Professional counselors, etc.; certain licensees; mental and physical examina tions (H&HS--10th) Childers--13th

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HB 1256 Radar; right to view and inspect reading (Substitute) (Judy--24th) Jamieson --22nd
HB 339 Paternity petition; appointment of guardian ad litem (Judy--37th) Barnes --33rd
HB 1467 Courts; state court judge serving in superior court; compensation (S Judy --32nd) Barnes--33rd
HB 1268 Disabled persons; guide dogs; penalties for impeding (H&HS--25th) Campbell--42nd
HB 1587 Property tax sales; tax deed titles; ripening by prescription (F&PU--16th) Crawford--129th
HB 1654 Controlled substances or marijuana; drug-free commercial zone; penalties (Judy--42nd) Polak--67th
HB 1754 Quality basic education; RESA's; amend provisions (Ed--52nd) Murphy--18th
HB 1785 Quality basic education; financing; program weights (Substitute) (Ed--50th) Baker--70th
HB 1295 Deposit account fraud; interest on restitution (S Judy--32nd) Jenkins--110th
HR 1001 Decatur County; convey property (F&PU--llth) Bates--179th
HB 1655 Nursing homes; registered nurses pronounce death (Substitute) (H&HS--17th) Walker--141st
HB 1637 Raffles; nonprofit organizations; limited licenses (C Aff--44th) Bailey--93rd
HB 713 County or municipal police departments; use of nomenclature (Substitute) (Pub Saf--45th) Twiggs--8th
HB 1425 Corporations; revise provisions relating to shareholders (Amendment) (Judy --42nd) Chambless--163rd
HB 1626 Trials; continuances; General Assembly attendance (Judy--54th) Baker--70th
HR 1129 CA: State Land Trust; General Assembly establish by general law (F&PU --45th) Dobbs--92nd
HB 1683 County boards of tax assessors; terms (Amendment) (SLGO-G--1st) Mueller --152nd
HB 1385 Local legislation; legal ad; copy to governing authority (SLGO-G--10th) Royal --164th
HB 1561 Tax returns in certain counties; time for making (F&PU--36th) Canty--52nd
HB 1484 Municipal, County, and Volunteer Fire Department Nomenclature Act; enact (Pub Saf--45th) Twiggs--8th
HB 1486 Tax sale; redemption of property; amount payable (F&PU--13th) Channell --lllth
HB 1570 Crimes; destroying or injuring police horse; penalties (Judy--26th) White --161th

FRIDAY, MARCH 15, 1996

1713

HB 1255 Urban redevelopment; slums; change references (SLGO-G--29th) Epps--131st
HB 1649 Sheriff Departments' Nomenclature Act; enact (Pub Saf--4th) Twiggs--8th
HB 1723 Elections; absentee voting; restrictions (SLGO-G--10th) Connell--115th
HB 1372 Public Service Commission; election; amend provisions (Amendment) (F&PU --18th) Coleman--142nd
HB 1368 General Assembly; air travel expenses; exception to limitation (SLGO-G--10th) Sinkfleld--57th
HB 1076 Private residences; handicapped accessibility (H&HS--55th) Martin--47th
HB 555 Professional Employer Organizaiton Act; enact (Substitute) (I&L--12th) Jamieson--22nd
HB 1232 Elections; write-in candidates; mandatory drug testing (Ethics--6th) Smith --174th
HB 726 Psychologists; behavioral/adminstrative orders; amend provisions (Amendment) (H&HS--22nd) Barnes--33rd
HB 1361 Health; articles of bedding; repeal provisions (H&HS--llth) Shaw--176th
SR 394 Olympic Landlord-Tenant Oversight Commission--create (Substitute) (Rules --35th)
HB 1394 Hospitals; staff privileges; prohibit certain denial (Amendment) (H&HS--22nd) Williams--114th Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committe
The President resumed the Chair. The following general bill of the House, having been read the third time and final ac tion suspended on March 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
HB 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 amendment offered by Senator Ray of the 19th on March 14, as it appears in the Journal of March 14, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 35, nays 0, and the Ray amendment to HB 1290 was adopted.
Senator Tanksley of the 32nd offered the following amendment: Amend HB 1290 by adding a paragraph "(i)" under Section 4 on page 6 at line 34 to read as follows: (i) Antique and collector cars and trucks 25 years old or older will be exempted from testing.
On the adoption of the amendment, the yeas were 29, nays 4, and the amendment was adopted.

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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 Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Gillis Gochenour Griffin

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

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

Those voting in the negative were Senators:

Black Blitch

Clay Glanton

Those not voting were Senators:

Abernathy Farrow

Johnson of 1st Kemp (excused)

Slotin Thompson (excused)

On the passage of the bill, the yeas were 46, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
The following general bill of the House, having been read the third time and final ac tion suspended on March 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 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.

The amendment offered by Senator Hill of the 4th on March 14, as it appears in the Journal of March 14, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 36, nays 0, and the Hill amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

FRIDAY, MARCH 15, 1996

1715

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 Pollard Ragan Ralston Starr Stokes Tanksley Taylor Thomas Turner Walker

Those not voting were Senators:

Cagle James Kemp (excused)

Ray (presiding) Scott Slotin

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.
The President resumed the Chair.
The following general bill of the House, having been read the third time and final ac tion suspended on March 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 1370. By Representatives Sinkfield 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.

The amendment offered by Senators Johnson of the 1st and Johnson of the 2nd, on March 14, as it appears in the Journal of March 14, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

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

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JOURNAL OF THE SENATE

Marable McGuire Middleton
Newbill Oliver Perdue

Pollard Ragan Ralston
Ray Starr Stokes

Those not voting were Senators:

Kemp (excused) Madden

Scott Slotin

Tanksley Taylor Thomas Turner Tysinger
Thompson (excused) Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution was read and adopted:

SR 654. By Senators Cheeks of the 23rd, Bowen of the 13th, Ray of the 19th and others:
A resolution paying tribute to Senator G.B. "Jake" Pollard on the occassion of his retirement from the Georgia Senate.
The President and Senator Cheeks of the 23rd addressed the Senate briefly in refer ence to SR 654.
Senator Pollard of the 24th addressed the Senate extemporaneously.
Senator Edge of the 28th moved that Senator Newbill of the 56th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Newbill was excused.
Senator Ralston of the 51st moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Middleton was excused.
The following general bill of the House, having been read the third time and final ac tion suspended on March 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 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 substitute offered by Senator Gillis of the 20th on March 13, as it appears in the Journal of March 13, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 38, nays 0, and the Gillis substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cagle Cheeks Clay Crotts Day Edge Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt

FRIDAY, MARCH 15, 1996

1717

Land Langford Madden Marable McGuire Oliver

Perdue Pollard Ralston Ray Scott Starr

Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Dean Egan Griffin James

Kemp (excused) Middleton (excused) Newbill (excused) Ragan

Slotin Thompson (excused) Walker

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

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. Senate Sponsor: Senator Farrow of the 54th.
The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 26, 1996

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

SUBJECT: Actuarial Investigation House Bill 213 Substitute (LC 21 3735S) Superior Court Judges Retirement System

Dear Representative Cummings:
This bill would authorize members of the Superior Court Judges Retirement System of Georgia to purchase creditable service for past service as a juvenile court judge. Members would be authorized to purchase one year of creditable service for every three years of actual service as a superior court judge, up to a maximum of five years.
This proposed legislation would not result in any additional cost to the System pro vided a representative cross-section of the eligible active participants elected to purchase creditable service for the years of service as a juvenile court judge. There are currently 137 active participants in the System. It should be noted, however, that changes in the actua rial 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

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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* $_____0

(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%) (7.67%) $_____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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 10, 1995

The Honorable Ken Poston State Representative Legislative Office Building, Room 609 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 213 (LC 9 7980) Superior Court Judges Retirement System

Dear Representative Poston:
This bill would authorize creditable service in the Superior Court Judges Retirement Sys tem for certain prior service as a juvenile court judge.
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

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

Those voting in the affirmative were Senators:

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

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

McGuire Oliver Perdue Pollard Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Day Egan Glanton

Kemp (excused) Madden
Middleton (excused) Newbill (excused)

Ragan Slotin
Thompson (excused) Walker

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Land of the 16th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Crotts was excused. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 578. By Senator Cagle of the 49th:
A resolution to create the Gainesville-Hall County Task Force on Governmental Unification.
The Calendar was resumed.

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HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention. Senate Sponsor: Senator Tanksley of the 32nd.
The Senate Special Judiciary Committee offered the following substitute to HB 315:
A BILL
To be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to procedures for the fixing, suspension, and probation of criminal sentences; so as to prohibit certain modifications of sentence and imposition of payments; to provide for exceptions; 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 17-10-1 of the Official Code of Georgia Annotated, relating to procedures for the fixing, suspension, and probation of criminal sentences, is amended by adding in sub section (a) a new paragraph to be designated paragraph (6) to read as follows:
"(6)(A) Except as otherwise authorized by law, no court shall modify, suspend, probate, or alter a previously imposed sentence so as to reduce or eliminate a period of incarceration or probation and impose a financial payment which:
(i) Exceeds the statutorily specified maximum fine, plus all penalties, fees, surcharges, and restitution permitted or authorized by law; or
(ii) Is to be made to an entity which is not authorized by law to receive fines, penalties, fees, surcharges, or restitution.
(B) The prohibitions contained in this paragraph shall apply regardless of whether a defendant consents to the modification, suspension, probation, or alteration of such de fendant's sentence and the imposition of such payment.
(C) Nothing in this paragraph shall prohibit or prevent a court from requiring, as a con dition of suspension, modification, or probation of a sentence in a criminal case involving child abandonment, that the defendant pay all or a portion of child support which is owed to the custodial parent of a child which is the subject of such case."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

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Cheeks Clay 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 Oliver Perdue

Those not voting were Senators:

Black Crotts (excused) James

Kemp (excused) Middleton (excused) Newbill (excused)

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

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Madden of the 47th moved that Senator Guhl of the 45th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Guhl was excused.

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.
Senate Sponsor: Senator Johnson of the 1st.

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Black.

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Those not voting were Senators:

Abernathy Crotts (excused) Gochenour Guhl (excused)

Hooks Kemp (excused) Middleton (excused) Newbill (excused)

Pollard Slotin Thompson (excused)

On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Farrow of the 54th.

The Senate Judiciary Committee offered the following amendment: Amend HB 1430 by striking line 23 of page 1 and inserting in lieu thereof the following:
"solicitors-general; to provide". By striking lines 2 through 37 of page 9 and inserting in lieu thereof the following:
"Reserved." On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Hen son Hill James Johnson of 2nd Lamutt Land Langford Madden Marable

McGuire Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Turner Walker

Those not voting were Senators:

Abernathy Crotts (excused) Hooks Johnson of 1st

Kemp (excused) Middleton (excused) Newbill (excused)

Slotin Thompson (excused) Ty singer

On the passage of the bill, the yeas were 46, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ralston of the 51st moved that Senator Farrow of the 54th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Farrow was excused.

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.
Senate Sponsor: Senator Henson of the 55th.

The Senate Consumer Affairs Committee offered the following amendment:
Amend HB 1803 by striking on line 22 of page 1 the word "State-wide" and inserting in lieu thereof the word "Georgia".
By inserting on line 24 of page 4 immediately following the word "awards" the following:
"to any citizen or state employee".
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment to HB 1803 was adopted.
Senator Henson of the 55th offered the following amendment:
Amend HB 1803 by striking line 10 of page 1 and inserting in lieu thereof the following:
"and duties; to provide for the appointment, terms, qualifications, and".
By striking line 9 of page 4 and inserting in lieu thereof the following:
"appointing authority. Elected officials during their terms of office, state employees, and members of the immediate family of any elected official or state employee shall not be eligible for appointment to the Awards Committee. Members of the committee shall not".
On the adoption of the amendment, the yeas were 36, nays 0, and the Henson 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 Day Dean Edge Egan Gillis Glanton

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

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

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Those not voting were Senators:

Abernathy Blitch Crotts (excused) Farrow (excused)

Johnson of 1st Kemp (excused) Middleton (excused)

Slotin Tanksley Thompson (excused)

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 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.
Senate Sponsor: Senator Langford of the 29th.
The Senate Insurance and Labor Committee offered the following substitute to HB 838:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insur ers of risk-based capital levels; to provide for the computation of risk-based capital levels for various kinds of insurers; to provide for administrative hearings and procedures rela tive to such hearings; to provide for risk-based capital plans to be submitted by insurers to the Commissioner of Insurance; to provide for the content of reports and plans; to provide for the filing of reports and plans with insurance commissioners of other states and with the National Association of Insurance Commissioners; to authorize examinations by the Commissioner of Insurance and the issuance of orders for corrective actions to be taken by insurers; to provide for the authority of the Commissioner of Insurance to take actions pursuant to Chapter 37 of this title; to provide for the confidentiality of certain information and corrective orders; to provide for legislative intent and purpose; to prohibit certain ac tions relative to advertising or publishing information regarding risk-based capital levels; to provide for construction; to authorize rules and regulations; to authorize exemptions for domestic property and casualty insurers which meet certain requirements; to provide for immunity from suit for the Commissioner of Insurance and the Insurance Department; to provide for severability; to provide for the effectiveness of notices; to provide official immu nity from civil action to receivers responsible for the conduct of a delinquency proceeding under said chapter and their employees; to provide indemnification from the assets of the insurer for legal expenses and similar expenses in the event legal action is commenced against the receiver or an employee; to provide that indemnification costs paid by the in surer shall be considered an administrative expense of the insurer; to provide for the segre gation and reserving of funds from the assets of the insurer in the event of actual or threatened legal action against the receiver or an employee; to provide for determinations by the Commissioner of Insurance regarding payments in the event of settlements of legal action prior to final adjudication; to provide for approval of settlements by the court before which an action is pending; to provide for construction; to provide for applicability; to pro vide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1996

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 56 to read as follows:
"CHAPTER 56
33-56-1.
As used in this chapter, the term:
(1) 'Adjusted RBC report' means an RBC report which has been adjusted in accordance with subsection (e) of Code Section 33-56-2.
(2) 'Corrective order' means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required.
(3) 'Domestic insurer' means an insurer as defined in paragraph (4) of Code Section 333-1.
(4) 'Foreign insurer' means any insurance company which is licensed to do business in this state under Chapter 3 of this title, but is not a domestic insurer.
(5) 'Life and health insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-2 or 33-7-4 or a licensed property and casualty insurer writing only accident and health insurance.
(6) 'NAIC' means the National Association of Insurance Commissioners.
(7) 'Negative trend' means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation in cluded in the RBC instructions.
(8) 'Property and casualty insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-3 or 33-7-6 but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers.
(9) 'RBC' means risk-based capital.
(10) 'RBC instructions' means the RBC report including risk-based capital instructions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
(11) 'RBC level' means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:
(A) 'Authorized control level RBC' means the number determined under the riskbased capital formula in accordance with the RBC instructions;
(B) 'Company action level RBC' means, with respect to any insurer, the product of 2.0 and its authorized control level RBC; (C) 'Mandatory control level RBC' means the product of .70 and the authorized con trol level RBC; and
(D) 'Regulatory action level RBC' means the product of 1.5 and its authorized control level RBC. (12) 'RBC plan' means a comprehensive financial plan containing the elements speci fied in subsection (b) of Code Section 33-56-3. If the Commissioner rejects the RBC plan and it is revised by the insurer, with or without the Commissioner's recommenda tion, the plan shall be called the revised RBC plan.
(13) 'RBC report' means the report required in Code Section 33-56-2.
(14) 'Total adjusted capital' means the sum of:
(A) An insurer's statutory capital and surplus; and

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(B) Such other items, if any, as the RBC instructions may provide.
33-56-2.
(a) Every domestic insurer shall, on or prior to each March 1, prepare and submit to the Commissioner a report of its RBC levels, as of the end of the previous calendar year, containing such information as is required by the RBC instructions. In addition, every domestic insurer shall file its RBC report:
(1) With the NAIC in accordance with the RBC instructions; and
(2) With the insurance commissioner in any state in which the insurer is authorized to do business, if the insurance commissioner has notified the insurer of its request in writing, in which case the insurer shall file its RBC report not later than the later of:
(A) Fifteen days from the receipt of notice to file its RBC report with that state; or
(B) March 1.
(b) A life and health insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between:
(1) The risk with respect to the insurer's assets;
(2) The risk of adverse insurance experience with respect to the insurer's liabilities and obligations;
(3) The interest rate risk with respect to the insurer's business; and
(4) All other business risks and such other relevant risks as are set forth in the RBC instructions,
determined in each case by applying the factors in the manner set forth in the RBC instructions.
(c) A property and casaulty insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between:
(1) Asset risk;
(2) Credit risk;
(3) Underwriting risk; and
(4) All other business risks and such other relevant risks as are set forth in the RBC instructions,
determined in each case by applying the factors in the manner set forth in the RBC instructions.
(d) An excess of capital over the amount produced by the risk-based capital requirements contained in the chapter and the formulas, schedules, and instructions referenced in this chapter is desirable in the business of insurance. Accordingly, insurers should seek to maintain capital above the RBC levels required by this chapter. Additional capital is useful in the insurance business and helps to secure an insurer against various risks inherent in or affecting the business of insurance and is not accounted for or only par tially measured by the risk-based capital requirements contained in this chapter.
(e) If a domestic insurer files an RBC report which in the judgment of the Commissioner is inaccurate, then the Commissioner shall adjust the RBC report and notify the insurer of the inaccuracy. The notice shall contain a statement of the reason for the inaccuracy. The insurer must, within 30 days, correct the inaccuracy or request a hearing. If the insurer fails to correct the inaccuracy or to request a hearing, the Commissioner may order a hearing to determine the corrections that are necessary. An RBC report adjusted in accordance with this subsection is referred to as an adjusted RBC report.

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33-56-3.
(a) As used in this Code section, a company action level event means any of the following events:
(1) The filing of an RBC report by an insurer which indicates that:
(A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; or
(B) If a life and health insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its author ized control level RBC and 2.5 and has a negative trend;
(2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates an event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or
(3) If, pursuant to Code Section 33-56-7, an insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge.
(b) In the event of a company action level event, the insurer shall prepare and submit to the Commissioner an RBC plan which shall:
(1) Identify the conditions which contribute to the company action level event;
(2) Contain proposals of corrective actions which the insurer intends to take and would be expected to result in the elimination of the company action level event;
(3) Provide projections of the insurer's financial results in the current year and at least the four succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital and surplus, or surplus;
(4) Identify the key assumptions impacting the insurer's projections and the sensitivity of the projections to the assumptions; and
(5) Identify the quality of, and problems associated with, the insurer's business, includ ing but not limited to its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any, in each case.
(c) An RBC plan shall be submitted:
(1) Within 45 days of the company action level event; or
(2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7, within 45 days after notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge.
(d) Within 60 days after the submission by an insurer of an RBC plan to the Commis sioner, the Commissioner shall notify the insurer whether the RBC plan shall be imple mented or is, in the judgment of the Commissioner, unsatisfactory. If the Commissioner determines the RBC plan is unsatisfactory, the notification to the insurer shall set forth the reasons for the determination and may set forth proposed revisions which will render the RBC plan satisfactory in the judgment of the Commissioner. Upon notification from the Commissioner, the insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions proposed by the Commissioner, and shall submit the revised RBC plan to the Commissioner:
(1) Within 45 days after the notification from the Commissioner; or
(2) If the insurer challenges the notification from the Commissioner under Code Sec tion 33-56-7, within 45 days after a notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge.

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(e) In the event of a notification by the Commissioner to an insurer that the insurer's RBC plan or revised RBC plan is unsatisfactory, the Commissioner may at the Commis sioner's discretion, subject to the insurer's right to a hearing under Code Section 33-56-7, specify in the notification that the notification constitutes a regulatory action level event.
(f) Every domestic insurer which files an RBC plan or revised RBC plan with the Com missioner shall file a copy of the RBC plan or revised RBC plan with the insurance com missioner in any state in which the insurer is authorized to do business if:
(1) Such state has an RBC provision substantially similar to subsection (a) of Code Section 33-56-8; and
(2) The insurance commissioner of that state has notified the insurer of its request for the filing in writing, in which case the insurer shall file a copy of the RBC plan or revised RBC plan in that state no later than the later of:
(A) Fifteen days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or
(B) The date on which the RBC plan or revised RBC plan is filed under subsection (c) or (d) of this Code section. 33-56-4.
(a) For the purposes of this Code section, a regulatory action level event means, with respect to any insurer, any of the following events:
(1) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its authorized control level RBC but less than its regulatory action level RBC;
(2) The notification by the Commissioner to an insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7;
(3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge;
(4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for such failure which is satisfactory to the Commissioner and has corrected the failure within ten days after the filing date;
(5) The failure of the insurer to submit an RBC plan to the Commissioner within the time period set forth in subsection (c) of Code Section 33-56-3;
(6) Notification by the Commissioner to the insurer that:
(A) The RBC plan or revised RBC plan submitted by the insurer is, in the judgment of the Commissioner, unsatisfactory; and
(B) Such notification constitutes a regulatory action level event with respect to the insurer, provided the insurer has not challenged the determination under Code Sec tion 33-56-7;
(7) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by the Commissioner under paragraph (6) of this subsection, the notification by the Commis sioner to the insurer that the Commissioner has, after a hearing, rejected such challenge;
(8) Notification by the Commissioner to the insurer that the insurer has failed to ad here to its RBC plan or revised RBC plan, but only if such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the Commissioner has so stated in the notification, provided the insurer has not challenged the determination under Code Section 33-56-7; or

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(9) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by the Commissioner under paragraph (8) of this subsection, the notification by the Commis sioner to the insurer that the Commissioner has, after a hearing, rejected the challenge.
(b) In the event of a regulatory action level event, the Commissioner shall:
(1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised RBC plan;
(2) Perform such examination or analysis as the Commissioner deems necessary of the assets, liabilities, and operations of the insurer including a review of its RBC plan or revised RBC plan; and
(3) Subsequent to the examination or analysis described in paragraph (2) of this sub section, issue an order specifying such corrective actions as the Commissioner shall determine are required.
(c) In determining corrective actions, the Commissioner may take into account such fac tors as are deemed relevant with respect to the insurer based upon the Commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC instructions. The RBC plan or revised RBC plan shall be submitted:
(1) Within 45 days after the occurrence of the regulatory action level event;
(2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner within 45 days after the notification to the insurer that Commissioner has, after a hearing, rejected the insurer's challenge; or
(3) If the insurer challenges a revised RBC plan pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the insurer that the Commissioner has, after a hearing, re jected the insurer's challenge;
33-56-5.
(a) For the purposes of this Code section authorized control level event means any of the following events:
(1) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less that its authorized control level RBC;
(2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7;
(3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Com missioner to the insurer that the Commissioner has, after a hearing, rejected the in surer's challenge;
(4) The failure of the insurer to respond, in a manner satisfactory to the Commissioner, to a corrective order; or
(5) If the insurer has challenged a corrective order under Code Section 33-56-7 and the Commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the Commis sioner, to the corrective order subsequent to rejection or modification by the Commissioner.
(b) In the event of an authorized control level event with respect to an insurer, the Com missioner shall:
(1) Take such actions as are required under Code Section 33-56-4 regarding an insurer with respect to which a regulatory action level event has occurred; or

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(2) If the Commissioner deems it to be in the best interests of the policy holders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Chapter 37 of this title.
In the event the Commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. In the event the commissioner takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of Chapter 2 of this title pertaining to summary proceedings.
33-56-6.
(a) For purposes of this Code section, 'mandatory control level event' means any of the following events:
(1) The filing of an RBC report which indicates that the insurer's total adjusted capital is less than its mandatory control level RBC;
(2) Notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided that the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or
(3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Com missioner to the insurer that the Commissioner has, after a hearing, rejected the in surer's challenge.
(b) In the event of a mandatory control level event:
(1) With respect to a life insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Com missioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period.
(2) With respect to a property and casualty insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title, or in the case of an insurer which is writing no business and which is running-off its existing business may allow the insurer to continue its run-off under the supervision of the Commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commis sioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a rea sonable expectation that the mandatory control level event may be eliminated within the 90 day period.

FRIDAY, MARCH 15, 1996

1731

33-56-7.
Upon notification:
(1) To an insurer by the Commissioner of an adjusted RBC report;
(2) To an insurer by the Commissioner that;
(A) The insurer's RBC plan or revised RBC plan is unsatisfactory; and
(B) Such notification constitutes a regulatory action level event with respect to such insurer;
(3) To any insurer by the Commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or
(4) To an insurer by the Commissioner of a corrective order with respect to the insurer,
the insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any determination or action by the Commissioner. The insurer shall notify the Commissioner of its request for a hearing within five days after the notifi cation by the Commissioner under this Code section. Upon receipt of the insurer's re quest for a hearing, the Commissioner shall set a date for the hearing, which date shall be no less than ten nor more than 30 days after the date of the insurer's request.
33-56-8.
(a) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, all RBC reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any exami nation or analysis of an insurer performed pursuant hereto, and any corrective order issued by the Commissioner pursuant to examination or analysis, with respect to any domestic insurer or foreign insurer, which are filed with the Commissioner, constitute information that might be damaging to the insurer if made available to its competitors and therefore shall be kept confidential by the Commissioner. This information shall not be made public or be subject to subpoena, other than by the Commissioner, and then only for the purpose of enforcement actions taken by the Commissioner pursuant to this chap ter or any other provision of the insurance laws of this state.
(b) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to any of its RBC levels is a regulatory tool which may indicate the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Therefore, except as otherwise required under the provisions of this chapter, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, an advertisement, announcement or statement containing an asser tion, representation or statement with regard to the RBC levels of any insurer, or of any component derived in the calculation by any insurer, agent, broker, or other person en gaged in any manner in the insurance business would be misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or an inappro priate comparison of any other amount to the insurer's RBC levels is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, of such statement, then the insurer may publish an announcement in a written publi cation if the sole purpose of the announcement is to rebut the materially false or inappro priate statement.
(c) It is the further judgment of the General Assembly that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans are intended solely for

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JOURNAL OF THE SENATE

use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers and shall not be used by the Commissioner for rate-making purposes, considered or introduced as evidence in any rate proceeding, or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an insurer or any affiliate is author ized to write.
33-56-9.
(a) The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limited to, Chapters 2, 3, 13, and 37 of this title.
(b) The Commissioner may adopt reasonable rules necessary for the implementation of this chapter.
(c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1) Writes direct business only in this state;
(2) Writes direct annual premiums of $2,000,000.00 or less; and
(3) Assumes no reinsurance in excess of 5 percent of direct premium written.
33-56-10.
(a) Any foreign insurer shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the previous calendar year the later of:
(1) The date an RBC report would be required to be filed by a domestic insurer under this chapter; or
(2) Fifteen days after the request is received by the foreign insurer.
(b) Any foreign insurer shall, at the written request of the Commissioner, promptly sub mit to the Commissioner a copy of any RBC plan that is filed with the insurance commis sioner of any other state.
(c) In the event of a company action level event, regulatory action level event, or author ized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer, or, if no RBC statute is in force in that state, under the provisions of this chapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC statute is in force in that state, under Code Section 33-56-2, the Commissioner may require the for eign insurer to file an RBC plan with the Commissioner. In such event, the failure of the foreign insurer to file an RBC plan with the Commissioner shall be grounds to order the insurer to cease and desist from writing new insurance business in this state.
(d) In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the Commissioner may make application to the superior court permitted under Chapter 37 of this title with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.
33-56-11.
There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.
33-56-12.
In the event any section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner

FRIDAY, MARCH 15, 1996

1733

affect the other sections, subsections, sentences, clauses, or phrases of this chapter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this chapter. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts of this chapter would be declared or adjudged invalid or unconstitutional.
33-56-13.
All notices by the Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail or, in the case of any other transmission, shall be effective upon the insurer's receipt of such notice."
SECTION 2.
Said title is further amended by adding immediately following Code Section 33-37-8 a new Code section, to be designated Code Section 33-37-8.1, to read as follows:
"33-37-8.1.
(a) For the purposes of this Code section, the persons entitled to protection under this Code section are:
(1) All receivers responsible for the conduct of a delinquency proceeding under this chapter, including present and former receivers; and
(2) Their employees, meaning all present and former special deputies and assistant special deputies appointed by the Commissioner and all persons whom the Commis sioner, special deputies, or assistant special deputies have employed to assist in a de linquency proceeding under this chapter. Attorneys, accountants, auditors, and other professional persons or firms who are retained by the receiver as independent contrac tors and their employees shall not be considered employees of the receiver for purposes of this Code section.
(b) The receiver and his or her employees shall have official immunity and shall be im mune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment, provided that nothing in this provision shall be construed to hold the receiver or any employee immune from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the receiver or any employee.
(c) If any legal action is commenced against the receiver or any employee, whether against him or her personally or in his or her official capacity, alleging property damage, property loss, personal injury, or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment, the receiver and any employee shall be indemnified from the assets of the insurer for all expenses, attorneys' fees, judgments, settlements, de crees, or amounts due and owing or paid in satisfaction of or incurred in the defense of such legal action unless it is determined upon a final adjudication on the merits that the alleged act, error, or omission of the receiver or employee giving rise to the claim did not arise out of or by reason of his or her duties or employment or was caused by intentional or willful and wanton misconduct.
(d)(l) Attorneys' fees and any and all related expenses incurred in defending a legal action for which immunity or indemnity is available under this Code section shall be paid from the assets of the insurer, as they are incurred, in advance of the final disposi tion of such action upon receipt of an undertaking by or on behalf of the receiver or employee to repay the attorneys' fees and expenses if it shall ultimately be determined upon a final adjudication on the merits that the receiver or employee is not entitled to immunity or indemnity under this Code section.

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(2) Any indemnification for expense payments, judgments, settlements, decrees, attor neys' fees, surety bond premiums, or other amounts paid or to be paid from the in surer's assets pursuant to this Code section shall be an administrative expense of the insurer.
(3) In the event of any actual or threatened litigation against a receiver or any em ployee for which immunity or indemnity may be available under this Code section, a reasonable amount of funds which in the judgment of the Commissioner may be needed to provide immunity or indemnity shall be segregated and reserved from the assets of the insurer as security for the payment of indemnity until such time as all applicable statutes of limitation shall have run, and all actual or threatened actions against the receiver or any employee shall have been completely and finally resolved, and all obligations of the insurer and the Commissioner under this Code section shall have been satisfied.
(4) In lieu of the segregation and reserving of funds, the Commissioner may, in his or her discretion, obtain a surety bond or make other arrangements which will enable the Commissioner to fully secure the payment of all obligations under this Code section.
(e) If any legal action against an employee for which indemnity may be available under this Code section is settled prior to final adjudication on the merits, the insurer must pay the settlement amount on behalf of the employee or indemnify the employee for the set tlement amount unless the Commissioner determines:
(1) That the claim did not arise out of or by reason of the employee's duties or employ ment; or
(2) That the claim was caused by the intentional or willful and wanton misconduct of the employee.
(f) In any legal action in which the receiver is a defendant, that portion of any settlement relating to the alleged act, error, or omission of the receiver shall be subject to the ap proval of the court before which the delinquency proceeding is pending. The court shall not approve that portion of the settlement if it determines:
(1) That the claim did not arise out of or by reason of the receiver's duties or employ ment; or
(2) That the claim was caused by the intentional or willful and wanton misconduct of the receiver.
(g) Nothing contained or implied in this Code section shall operate or be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights, or any defense otherwise available.
(h)(l) Subsection (b) of this Code section shall apply to any suit based in whole or in part on any alleged act, error, or omission which takes place on or after the effective date of this Code section.
(2) No legal action shall lie against the receiver or any employee based in whole or in part on any alleged act, error, or omission which took place prior to the effective date of this Code section, unless a suit is filed and valid service of process is obtained within 12 months after the effective date of this Code section.
(3) Subsections (c), (d), (e), and (f) of this Code section shall apply to any suit which is pending on or filed after the effective date of this Code section without regard to when the alleged act, error, or omission took place."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 1 of this Act shall become effective July 1, 1996.

FRIDAY, MARCH 15, 1996

1735

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Clay Crotts (excused) Farrow (excused)

Kemp (excused) Middleton (excused)

Slotin Thompson (excused)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Edge of the 28th moved that Senator Newbill of the 56th be excused due to business. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Newbill was excused.

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.
Senate Sponsor: Senator Egan of the 40th.
The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1555 by striking line 6 of page 1 and inserting in lieu thereof the following:
"intent to distribute certain controlled substances; to provide for the effect of Code Section 17-10-7; to".

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JOURNAL OF THE SENATE

By striking line 30 of page 1 and inserting in lieu thereof the following:
"than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 1710-7 shall not apply to a sentence imposed for a second such oftense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent oftense."
On the adoption of the committee amendment, 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 Black Boshears Broun of 46th Brown of 26th Edge Egan

Farrow Griffin Guhl Harbison Henson Hill Langford

Oliver Ragan Stokes Tanksley Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch Burton Cagle Cheeks Clay Crotts Day Dean

Gillis Glanton Gochenour Hooks Johnson of 1st Kemp Lamutt Land Madden

Marable McGuire Middleton Pollard Ralston Ray Starr Thompson Turner

Those not voting were Senators:

Bowen James Johnson of 2nd

Newbill (excused) Perdue Scott

Slotin Taylor

On the adoption of the amendment, the yeas were 21, nays 27, and the committee amendment lost.
Senators McGuire of the 30th, Land of the 16th and Starr of the 44th offered the fol lowing amendment:
Amend HB 1555 as follows:

On page 1 strike lines 28 thru 30 and replace with: "conviction of a second or subsequent offense, he or she shall be imprisoned for life."

On the adoption of the amendment, 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:

Balfour Blitch
Burton Cagle Cheeks Clay Crotts Day Dean Gillis
Glanton

Gochenour Henson
Hill Hooks Johnson of 1st Kemp Lamutt Land Madden Marable
McGuire

Middleton Pollard
Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner

FRIDAY, MARCH 15, 1996

1737

Those voting in the negative were Senators:

Abernathy Black Boshears Broun of 46th Brown of 26th Edge

Egan Farrow Griffin Guhl Harbison Langford

Those not voting were Senators:

Bowen James

Johnson of 2nd Newbill (excused)

Oliver Scott Stokes Thomas Tysinger Walker
Perdue Slotin

On the adoption of the amendment, the yeas were 32, nays 18, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Henson Hill Hooks 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 were Senators Brown of the 26th and Harbison.

Those not voting were Senators:

Black Bowen

James Johnson of 2nd

Newbill (excused) Slotin

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution was read and put upon its adoption:

SR 702. By Senators Ray of the 19th and Perdue of the 18th: 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 12:00 Midnight on Friday, March 15, 1996, and shall reconvene on Monday, March 18, 1996.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

James Johnson of 2nd

Newbill (excused) Oliver

Slotin

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The Calendar was resumed.

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.
Senate Sponsor: Senator Broun of the 46th.
The Senate Special Judiciary Committee offered the following substitute to HB 1761:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal that certain provi sions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more; to change certain provisions relating to the storage of records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking Code Section 15-6-86 of the Official Code of Georgia Annotated, relating to storage of superior court records at location other than courthouse, and inserting in its place the following:

FRIDAY, MARCH 15, 1996

1739

"15-6-86.

(a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is authorized to comply with the request and may designate another place as the office of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at their nearest points. The judge of the superior court of the circuit in which the county is located or the chief judge in those circuits having more than one judge must give written consent before the clerk shall be authorized to move his or her office to such place.

(b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of records, the clerk, after obtaining writ ten permission from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those circuits having more than one judge, may cause the records to be stored at some other place, m the county not more than five miles from the courthouse. The clerk shall give public notice of the place of storage by posting notice at the courthouse.

(,c//(, i / mis suos6ct>> ion felltill tipply to Lny county

c

1

uGO,000 or nioi'6 according to 'tn^r united otate&"d6C6iiiiiiil Census ot 1980 or ftiiy iutuT

SUClt XiGRSUS.

(2) Notwithstanding subsections G (a) and (b) of this Code section, in the event space at
til6 CGU.lT/flGU.S^ O11 Gtll&r J313.C& WllGt'6 tllti OlilCfe OI tllG ClGl'K. OI tllS SUp&riGI1 COUrt IS lOCfltiSQ IS iilcluGCfUeltti tO tSilSUl"6 tll S<1I<9 StOt'Hgti "OI T6COrQS^ rS2lu Crcfx, flitd* ODt3.iilillg writt6H
permission ironi trie ov6i*niii^[ flutriority ot the county fljici 01 tii3 superior cout't JUQ^S or tii& cii*cu.11 'iii~ 'wineii "tri^ cou.ilty is 1octt6ct or tri& cni&r JUQ^G in. tilOSG xiii*cuits iisviii^ 111oFG
tn.SIl Ollfi JUQ6, 111 fly C1U.5 fefliu TcCOrQS tO t)6 StOl'feCI EiL SOillc OtilSl1 plSC&^.Tl Xfl^ COUIiTy IKTC H1O1T6 Lll 3.11 nj llliifiS irOlTl t'16 COUl'tllOUSci. Xllfc ClGl'K. Sllfl.il ^IVfe pU.Dl.iC nOtlC^ OI tll6 J)r3C6 OT SUCll StOl'3.^6 Dy ^)OStnl^ ilOtiC^ St tllft COlit"tIlOliS&.

fdKc) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5."

SECTION 2.

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

Senator Broun of the 46th offered the following amendment:
Amend the committee substitute to HB 1761
by adding a new paragraph on line 30 - page 2 to read - This Act shall become effective upon the signature of the Governor.

On the adoption of the amendment, the yeas were 33, nays 0, and the Broun amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 30, nays 0, and the committee substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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JOURNAL OF THE SENATE

Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill Hooks Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Those not voting were Senators:

Cagle Farrow

James Johnson of 2nd

Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
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 by substitute.
At 12:00 P.M., the President announced that the Senate would stand in recess until 1:15 P.M. today.

The President called the Senate to order at 1:15 P.M.

Senator Broun of the 46th introduced the doctor of the day, Dr. Jean Sumner of Wrightsville, Georgia.
Dr. James Kaufmann also served as doctor of the day.

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

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.
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:

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

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Henson

Hill Kemp Lamutt Land Marable McGuire Middleton Pollard Ragan

FRIDAY, MARCH 15, 1996

1741

Ralston Starr

Taylor Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th Day Griffin Harbison Hooks (excused conferee)

James Johnson of 2nd Johnson of 1st Langford Madden Newbill Oliver Perdue

Ray (excused conferee) Scott Slotin Stokes Tanksley Thomas Walker (excused conferee)

On the passage of the bill, the yeas were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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.
Senator Gillis of the 20th assumed the Chair.

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.
Senate Sponsor: Senator Hill of the 4th.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 1728 by striking "To" on line 1 of page 1 and inserting in lieu thereof the following:
"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".
By redesignating Sections 1 through 4 as Sections 2 through 5 and by adding between lines 11 and 12 of page 1 the following:
"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 101-32, relating to requirements for retail installment contracts, insurance, delinquency

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JOURNAL OF THE SENATE

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 truck with a gross vehicle weight rating (GVWK) exceeding 6,000 pounds (size Class 3 and above), truck tractor, trailer, or semitrailer used primarily tor 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.'".
On the adoption of the amendment, the yeas were 37, nays 0, and the Thompson amendment to HB 1728 was adopted.
Senator Gochenour of the 27th and Egan of the 40th offered the following amendment:
Amend HB 1728 by deleting lines 3 through 22 on page 3
Senator Gochenour of the 27th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Burton Clay Edge Egan

Glanton Gochenour Guhl Lamutt Land

Langford McGuire Newbill Tanksley Tysinger

Those voting in the negative were Senators:

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

Griffin Harbison Henson Hill James Johnson of 1st Kemp Madden Marable Middleton Oliver

Pollard Ragan Ralston Scott Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Cagle Day Gillis (presiding)

Hooks (excused conferee) Johnson of 2nd Perdue

Ray (excused conferee) Slotin

On the adoption of the amendment, the yeas were 15, nays 33, and the Gochenour, Egan amendment to HB 1728 lost.
Senator Ralston of the 51st moved that Senator Day of the 48th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Day was excused.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

FRIDAY, MARCH 15, 1996

1743

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

Those voting in the affirmative were Senators:

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

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

Newbill Oliver Pollard Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Edge Glanton

Gochenour Guhl Langford

McGuire Ragan Tysinger

Those not voting were Senators:

Crotts Day (excused) Egan

Gillis (presiding) Hooks (excused conferee) Perdue

Ray (excused conferee) Slotin Walker (excused conferee)

On the passage of the bill, the yeas were 38, nays 9. The following statement was filed with the Secretary:

Dear Mr. Secretary:

This is to advise that on House Bill 1728 my vote was a nay. My intent was a yea. Please show that the record reflects my intent.
Sincerely, /s/ Harold J. Ragan

The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
A BILL
To be entitled an Act 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 definitions regarding phar macists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to examinations, license qualifications, and

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examination fees for pharmacists; to change the provisions relating to licensing by reciproc ity; to change the provisions relating to sanctions of licensed pharmacists and pharmacies and prohibit the practice of pharmacy when the license to practice has been subject to sanction; to change the provisions relating to pharmacy licenses and provide for registra tion of certain pharmacies; to change the provisions relating to prescription departments; to provide for the registration of reverse drug distributors; to change the sanctions against certain registrants; to prohibit certain transfers of controlled substances or dangerous drugs; to provide for drug researcher permits and registration and sanctions, penalties, and limitations relating thereto; to provide for biennial renewal of registrations; to change the provisions relating to dangerous drugs for emergency medical service providers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-3-3, prohibiting certain acts with regard to such ob jects, and inserting in its place the following:
"26-3-3.
The following acts and the causing thereof within this state are prohibited:
(1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded;
(1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded;
(2) The adulteration or misbranding of any drug, device, or cosmetic;
(3) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17;
(7) The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;
(8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4;
(9) The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;
(10) Forging, counterfeiting, simulating, falsely representing, or without proper au thority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and
(11) The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10."
SECTION 2.
Said title is further amended by adding in the appropriate places in Code Section 26-4-2, relating to definitions regarding pharmacists and pharmacies, the following paragraphs:

FRIDAY, MARCH 15, 1996

1745

"(7.1) 'Drug researcher' means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as denned in Chapter 13 of Title 16, for purposes of conducting research, drug analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacy, a drug wholesaler, distributor, or supplier, or a medical practitioner."
"(20.1) 'Reverse drug distributor' means a person, firm, or corporation which receives or handles drugs from within this state which are adulterated or misbranded, under the provisions of Chapter 3 of this title, the 'Georgia Drug and Cosmetic Act,' from a phar macy, drug distributor, or manufacturer for purposes of destruction or other final disposi tion or for return to the original manufacturer of a drug."
SECTION 3.
Said title is further amended by adding between paragraphs (9) and (10) of Code Section 26-4-37, relating to powers of the State Board of Pharmacy, the following paragraph:
"(9.1) Expunge the pharmacy related practice record of any pharmacist whose record con sists of a sole sanction resulting from alcohol impairment and whose pharmacy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions."
SECTION 3.1.
Said title is further amended by striking Code Section 26-4-71, relating to examinations, and Code Section 26-4-72, relating to qualifications for pharmacists' licenses, and inserting in their places the following:
"26-4-71.
The board shall give complete make available examinations, including those to cover both the theoretical and the practical portions, at least three times a year. 26-4-72.
(a) No person shall be entitled to receive a license as a pharmacist unless he or she shall possess the following qualifications:
(1) Be at least the legal age of majority;
(2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; provided, however, that, if it would be impractical for the board to evaluate a foreign school or college of pharmacy, the board may determine that an applicant who is a graduate of such a school or college is qualified, based upon an individual evaluation of the applicant's educational background and proficiency in the English language;
(3) Have such practical experience as may be prescribed by the board; provided, how ever, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the board prior to that date;
(4) Has successfully passed an examination administered approved by the board; and
(5) Be a person of good moral character.
(b) Supplemental courses certified by a school of pharmacy and approved by the board shall be required of any candidate after failing the examination administered by the board three times. After completing the supplemental courses, the candidate is required to retake the complete examination."
SECTION 4.
Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 264-74, relating to licenses by reciprocity, and inserting in its place the following:

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"(2) Completes and files a form applying for licensure with the board, which form shall include the applicant's name, address, and other such information as prescribed by the Board, and, after an investigation by agents acting on behalf of the board, produces evi dence satisfactory to the board which shows the applicant has the age, moral character, background, education, and experience demanded of applicants for registration by exam ination under this chapter and by the rules and regulations promulgated under this chapter; Produces evidence satisfactory to the board dial he lias the age, moral chdiac-
tt;f, CdUCdtiOTlj 111u tiX|itinGIlCG tltillicHitiGQ 01 3.ppllCiritj$ liji l*G.iSti'tkLlGH Dy GX3.IlliilcltlGii
izrrcrsr tois cfi&pt/^i1 cind I'uitis tnu I'^^Tiistiorts promu.i^3.t/6u. undGi* tins cii3.pt6iT, .
SECTION 4.1.
Said title is further amended by striking Code Section 26-4-75, relating to examination fees, and inserting in its place the following:
"26-4-75.
Applicants for examination as registered pharmacists under this part shall pay to the joint-secretary, or an agent designated by the board, an examination fee in an amount established by the board, which fee shall be paid to the joint-secretary, or an agent desig nated by the board, at the time of filing of the application for examination."
SECTION 5.
Said title is further amended by striking paragraph (12) of subsection (a) of Code Section 26-4-78, relating to sanction or pharmacy licenses, and inserting in its place the following:
"(12) Violated or attempted to violate a statute, law, any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which stat ute, law, rule, or regulation relates to or in part regulates the practice of pharmacy, when the licensee or applicant knows or should know that such action is violative of such stat ute, law, or rule; or violated either a public or confidential lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement.
SECTION 6.
Said title is further amended by adding at the end of Code Section 26-4-85, relating to prohibited acts regarding medicines and drugs, a new subsection to read as follows:
"(e) No person with a pharmacist license which is suspended, revoked, invalid, or inac tive, or restricted by a lawful public or confidential order of the board entered by the board in a disciplinary hearing or consent decree shall engage in the practice of pharmacy;".
SECTION 6.1.
Said title is further amended by striking Code Section 26-4-100, relating to pharmacy licenses, and inserting in its place the following:
"26-4-100.
(a) It shall be the duty of the board to examine all applicants for a pharmacy license and to grant certificates or licenses to such persons, firms, or corporations as may be entitled to the same.
(b) Any place located within this state where pharmacy care is provided to residents of this state~shatl register witrTthe board as a pharmacy!
(faXc) The board is authorized to grant pharmacy licenses to clinic pharmacies under this partT Clinic pharmacies may be partially or totally exempted from the requirements of Code Section 26-4-107, relating to utensils and equipment, and Code Section 26-4-109,

FRIDAY, MARCH 15, 1996

1747

relating to prescription departments, as the board finds appropriate to the conduct of such clinic pharmacies."
SECTION 6.2.
Said title is further amended by striking Code Section 26-4-109, relating to prescription departments, and inserting in its place the following:
"26-4-109.
(a) Every pharmacy licensed under this chapter shall have a prescription department which shall occupy at least 150 square feet of floor space, including a prescription counter providing at least 15 square feet of free working surface. If more than one pharmacist is on duty at any one time, the free working surface shall be increased by five square feet for each additional pharmacist. The prescription counter shall be kept clean and free of all merchandise and other materials not currently in use in the practice of compounding and dispensing. The space behind the prescription counter shall be kept free of obstruc tion at all times. Every prescription department shall be secured in such a manner as provided by the board in its rules and regulations.
(b) The board may, upon written request, grant variances in the minimum square footage requirements for prescription departments and prescription counters in pharmacies where pharmacy services are directly provided by the Department of Corrections, by county or municipal political subdivisions, by the Division of Public Health of the Depart ment of Human Resources, or by a regional mental health, mental retardation, and sub stance abuse board created under Chapter 2 of Title 57?
tbXc) If a pharmacy is located in a general merchandising establishment, or if the owner of tEe pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed or otherwise secured, and only that permanently enclosed or otherwise secured area shall be subject to thls"chapter and shall be registered as a pharmacy, in such case, the area to be registered as a pharmacy shall be either permanently enclosed by permanent parlitiuiib at luasl nine feet six inches in Height; except whefe Lhe ceiling is less than nine feat six inches in height, in which event the partition shall be from floor tu culling with a partition built from the floor to the ceiling or otherwise secured in a manner as provided by the board in its rules and regulations. Identification of the area by use of the word 'drug,' 'medicine,' 'drug store,' 'apothecary,' 'pharmacy,' or similar terms shall be restricted to the prescription department area reg istered as a pharmacy by the board."
SECTION 6.3.
Said title is further amended by striking Code Section 26-4-110, relating to supervision of prescription departments, and inserting in its place the following:
"26-4-110.
Every pharmacy, when open for business, shall have a prescription department under the personal supervision of a duly licensed pharmacist, who shall have personal supervi sion of not more than one pharmacy at the same time, provided that nothing in this Code section shall be construed to prohibit any pharmacist from having personal supervision of a pharmacy located in a hospital, nursing home, or college of pharmacy. Every phar macy licensed under this part, except those located within and owned and operated by a duly licensed and accredited hospital, nursing home, college of pharmacy, or a pharmacy complying with subsection tfaXc) of Code Section 26-4-109, shall have a prescription de partment open for business aiTall times that the business establishment is open to the public, except that during temporary absences of any licensed pharmacist, not to exceed three hours daily or more than one and one-half hours at any one time, the prescription department shall be closed and no prescription shall be filled."

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SECTION 7.
Said title is further amended by striking Code Section 26-4-120, relating to registration of certain drug distributors and suppliers, and inserting in its place the following:
"26-4-120.
(a) All persons, firms, or corporations, whether located in state or out of state, engaged in the business of selling or distributing drugs at wholesale within this state, or in the busi ness of supplying drugs to manufacturers, compounders, and processors within this state, &hall annually or in the business of a reverse drug distributor shall biennially reg ister with the board as a drug wholesaler, distributor, reverse distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee pre scribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or re voked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, ui drugs wholesale distri bution, or reverse distribution of controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked.
(b)(l) Every drug wholesaler, distributor, or supplier registered as provided in subsec tion (a) of this Code section, except reverse drug distributors, shall be required to sub mit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-1326; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the State Board of Pharmacy.
(2) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section or as provided in Chapter 13 of Title 16, except a reverse drug distributor, which is required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April 1, 1985) shall be required to submit a copy of each such report to the board.
(3) The board shall be authorized to promulgate rules and regulations to facilitate com pliance with this subsection.
(c) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state.
(d)(l) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both.
(2) Any practitioner who knowingly pui chases transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 from by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be

FRIDAY, MARCH 15, 1996

1749

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 $10,000.00, or both."
SECTION 8.
Said title is further amended by adding immediately following Code Section 26-4-120.1 a new Code section to read as follows:
"26-4-120.2.
(a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacy, a drug wholesaler, distributor, or supplier, or a medical practitioner shall biennially register with the State Board of Phar macy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes.
(1) The application for registration shall be made on a form to be prescribed and fur nished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, depart ment, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board.
(2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. This person shall be responsible for maintaining exact and accurate records regarding the purchase, re ceipt, possession, and disposal of all controlled substances and dangerous drugs uti lized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board.
(3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16.
(b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the jointsecretary and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void.
(c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section.
(d) A drug researcher registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations.
(e) A holder of a drug researcher permit shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs.
(f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both."

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SECTION 9.
Said title is further amended by striking subsection (b) of Code Section 26-4-123, relating to dangerous drugs for emergency service providers, and inserting in its place the following:
"(b) Dangerous drugs and controlled substances as denned under Chapter 13 of Title 16, as amended, may be issued to the medical director of an emergency service provider only from any pharmacies licensed in Georgia oniy in accordance with the provisions of this Code section."
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.

Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 495.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Taylor Thomas Turner Tysinger

Those not voting were Senators:

Balfour Cagle
Day (excused) Gillis (presiding)

Hooks (excused conferee) James
Perdue Ray (excused conferee)

Slotin Tanksley
Thompson Walker (excused conferee)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 495.

The following bill was taken up to consider House action thereto:
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.
Senator Edge of the 28th moved that the Senate insist on its substitute to HB 1218. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1218. The President resumed the Chair.

FRIDAY, MARCH 15, 1996

1751

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bills of the House:
HB 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 and disseminate information from its records to the military branches of the United States Department of Defense.
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.
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.

The House has disagreed to the Senate substitute to the following bill of the House:
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.

The House has disagreed to the Senate amendment to the following resolution of the House:
HR 876. By Representative Jenkins of the 110th: A resolution compensating Ms. Sylvia A. Cone.

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JOURNAL OF THE SENATE

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

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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to 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.

The Speaker has appointed on the part of the House, Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th.
The Calendar was resumed.

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. Senate Sponsor: Senator Scott of the 36th.

Senator Taylor of the 12th offered the following amendment:
Amend HR 1091 by striking the figure "19" on line 10 of page 1 and inserting in its place the figure "13".
By adding the word "and" after the semicolon on line 27 of page 1.
By replacing the symbol and word "; and" with a period on line 31 of page 1.
By striking all matter on lines 1 through 3 of page 2. By striking the words "appointed by the Governor" on line 30 of page 2 and inserting in lieu thereof the following:
"selected by majority vote of the commission".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears
Bowen Broun of 46th

Brown of 26th Burton Cagle
Cheeks Clay

Crotts Day Dean
Edge Egan

FRIDAY, MARCH 15, 1996

1753

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 Pollard Ralston Scott Starr Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Ray (excused conferee) Slotin

Hooks (excused conferee) Perdue

Middleton (excused conferee) Ragan (excused conferee)

Tanksley

Walker (excused conferee)

Thomas

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

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.
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 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 Lamutt Land Madden

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

Those not voting were Senators:

Black Broun of 46th (excused conferee)

Hooks (excused conferee) Langford

Perdue Ray (excused conferee)

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Scott Slotin

Stokes Walker (excused conferee)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Farrow of the 54th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1122. Senator Pollard of the 24th assumed the Chair. The following resolution was taken up to consider House action thereto:

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 House substitute was as follows:
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 authorize the conveyance of certain property which may be acquired in the future for the purpose of constructing prisons; 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);
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;

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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 all that tract of land situate, 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 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;
H. 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+7- 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;
I. 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

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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;
J. 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;
K. 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 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;
L. 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 Eraser 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;
M. 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;
N. 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

FRIDAY, MARCH 15, 1996

1757

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;
O. 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;
P. Richmond County, Georgia, and being all those tracts or parcels of land lying and being in Richmond County containing 550+/- 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;
Q. 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+7- 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;
R. 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+7- 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
WHEREAS, said properties are under the custody of the State Properties Commission, De partment of Defense, Georgia Building Authority, Department of Education, Department of Corrections, Georgia Forestry Commission, Department of Agriculture, Department of Natural Resources, and the Department of Human Resources; and
WHEREAS, the subject properties are underutilized and the Commission on Privatization has determined that all or a portion of the above-described parcels are surplus to the needs of the State of Georgia; and
WHEREAS, there is a pressing state need for funds with which to acquire and protect lands along Georgia's 70,000 miles of rivers and streams; and
WHEREAS, this state has embarked on a major new program to inventory, identify, and protect segments of Georgia's rivers for recreation and scenic amenities; and
WHEREAS, it is the intent of the General Assembly that any proceeds from the sale of surplus state properties be utilized for the acquisition of properties for wildlife manage ment areas, parks, or other public recreational areas or for the protection of sensitive river corridors and streams.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
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.

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SECTION 2.
(a) That all or a portion of each of the above-described real properties shall be sold by competitive bid for a consideration of the fair market value of such properties as deter mined to be in the best interest of the State of Georgia by the State Properties Commission or shall be exchanged for property or properties of an equal value as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of each of the above-described real properties may be sold subject to the provisions of subsection (b) of this section to a city, county, school board, or other local public entity, which shall include development authorities or industrial develop ment authorities, for not less than the fair market value without the necessity of competi tive bid or may be exchanged subject to the provisions of subsection (b) of this section for other property or properties of a city, county, school board, or other local public entity hav ing an equal value, 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.
(b) That any contract for the sale of the above-described real properties or a portion thereof shall provide that if any city, county, school board, or other local public entity which through purchase or the exchange of property obtains title to any of the above-described real properties or a portion thereof determines that any such property or a portion thereof is no longer needed for public purposes, then, before any disposition of such property, the State of Georgia acting by and through its State Properties Commission shall have the right to purchase said property for the consideration equal to the amount which such city, county, school board, or other local public entity paid to the state for such property or a portion thereof plus the value of any improvements made to such property.
SECTION 3.
That the State of Georgia, through the Department of Corrections, is contemplating the purchase of separate tracts of property in Charlton County and Coffee County and has acquired certain property in Wheeler County, on which the state plans to construct a new 500 bed prison in each of those counties. However, the State of Georgia is also contemplat ing the privatization of the proposed prisons in those counties. If it is determined to be in the best interest of the state to privatize any of the proposed prisons to be constructed on the above-described properties, then any such property may, in the discretion of the State Properties Commission, be sold to the private entity which will construct and operate the prison thereon for a consideration of the fair market value of such property, but in no case less than the amount paid by the state, or may be disposed of as allowed by this resolution as determined to be in the best interest of the State of Georgia by the State Properties Commission, along with such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5.
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 6.
Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph A.

FRIDAY, MARCH 15, 1996

1759

SECTION 6A.
Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph C.
SECTION 6B.
Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph D.
ARTICLE II
SECTION 7.
That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph A. above 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 8.
That the above-described real property shall be conveyed by appropriate instrument to the Baldwin County Hospital Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, 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 9.
That the authorization in this article to convey the above-described property to the Baldwin County Hospital Authority shall expire three years after the date that this resolu tion becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IIA
SECTION 7A.
That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph C. above 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 8A.
That the above-described real property shall be conveyed by appropriate instrument to the Baldwin County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, 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.

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SECTION 9A.
That the authorization in this article to convey the above-described property to the Baldwin County Board of Education shall expire three years after the date that this resolu tion becomes effective.
SECTION 10A.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11A.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IIB
SECTION 7B.
That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph D. above 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 8B.
That the above-described real property shall be conveyed by appropriate instrument to the Milledgeville-Baldwin County Development Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, and such further consideration and provisions as the State Properties Com mission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 9B.
That the authorization in this article to convey the above-described property to the Mil ledgeville-Baldwin County Development Authority shall expire three years after the date that this resolution becomes effective.
SECTION 10B.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11B.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 12.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

FRIDAY, MARCH 15, 1996

1761

SECTION 13.

That all laws and parts of laws in conflict with this resolution are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 457.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Hen son Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

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

Those not voting were Senators:

Balfour Black Bowen Cheeks

Harbison Hooks (excused conferee) Perdue Pollard (presiding)

Ray (excused conferee) Scott Slotin Walker (excused conferee)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 457.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 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; to provide that all positions filled on or after July 1, 1996, by new hires be included in the unclassified service; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 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 ad ministration based on meiit principles and scientific melhuds goveuiiiig the classifica tion of positions and the employment, conduct, movement, and separation of public
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ploy ess and all; which 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 specifically the" intent of the General Assembly to promote this pur pose 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 accord ance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, sHall be included in the unclassified service of the state merit system. It is also specifi cally the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered employees in the classified service and sHall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law.
(b) In order to achieve these purposes, it is the policy of the state that the merit system established by this ai tide bu applied dud administered agencies treat all employees, whether included in the classified or unclassified service, in accordance with the follow ing principles:
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FRIDAY, MARCH 15, 1996

1763

(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, relF gious creed, or political affiliations. This 'fair treatment' principle includes compli ance with all state and federal equal employment opportunity and nondiscrimination laws;
(2) Recruiting, selecting, and advancing employees on the basis of their relative abil ity, 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 for the purpose of inter fering with or affecting the result of an election or nomination for office.
(c) With respect to employees in the unclassified service, it shall be the responsibility 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"5y agencies in seeking information about agency unique job classes;
(4) Serve as the central contact point for all potential employees to receive applica tion forms, provide information to applicants, refer applicants to agencies and malce applications 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 internal processes for (i) defining agency unique agency unique job classes, establish ing associated minimum 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;
(10) Provide technical support and assistance to agencies as requested; and
(11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the state merit system by agencies seeking assistance in filling job vacancies!
(d) With respect to employees in the unclassified service, it shall be the responsibility of the employing agency to perform the following Junctions:
(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 conP pensation plan;
(2) Allocate all agency positions to defined job classes;
(3) Recruit and screen applicants for job vacancies;

1764

JOURNAL OF THE SENATE

(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

employs 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 defined under Article IV, Sec tion III, Paragraph 11 of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state?

tcXg) 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) "Unclassified 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;

FRIDAY, MARCH 15, 1996

1765

(L) A deputy or a confidential secretary when one is r equired 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 bead 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;
(O) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general pu.blic 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 misdical, 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 purpo se 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, officials, 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 participate 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;

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JOURNAL OF THE SENATE

(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 s ick 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;
(CO The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners; and
(DD) The officers, officials, e.nd 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 m erit system by law or executive order; and
(EE) All positions filled on or after July 1, 1996, by new hires."
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 or 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. Any office* ui employee who has acquired a valid petmaiieiil ht,itut> uudei the stale merit system enisling uii MaidU 13, 1970, shall continue in 5>ucl'i status and shall nut be required tu lake fuuther ui new
^AaiiliilcitiOiiS nl Oitlcl" tO icttiiij. Stxuii &t<:ttliQ. JNO pvifailiOii iiuw cXiSliiig Oi" lIcicalLcx coLciLj-
tialicu Slicill DC cXuluucu li'^iii Liuc dabsill^u bci viOc Uy Lliiib cii LiCic, c^utbpt no jjiGViuiiti lOi"
111 Llii& arLiClc. Wlicn ii u^rciiLiii^lit Iit2iil v^ci'Lillt^o Lu Llic UuVciiiOl Llicil ciiiy ^juaiLiOli mi liio
Clcpiii'LillcjilL wlnCli iS lii Llic UilClcxStiillcQ aciViCc i& liO luil^ci" <i pOSitiOti 01 i'cSjjuliSiljility
Cuu&i5tiilg^ pi~iillil ily 01 CGiiliClcil.tial, puliC^ mciiviii^, Oi lii^li level cAcCutiVc luiiCtiOiiQ, Lliii?
l_iuVciliOi LLidy Uy cjvcCutiVc uiU'il cinu alLci' livjliSLilljiiLiLiil \ViLll LlitJ ^unliliiQ^iuil^i ^flauc Llie
pubitiuu in Lhe classified &BI victr: 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 a 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
SLiitt iH^fiX SyStGiUj Witll tllfe ^il'OViSiOil lllclL ilG pOSiCiOil HOW GXiStulf^ WHICH iS CGV^ji'tjtl Dy
tlic Stflt6 illGflt SyStfclll Slliill D6 'BXCiUClcu irOIH tl^6 Cl3.SSiIlfcG. S^I*V1C6 Dy Cllib d.i'CiClt, uill^SS
otheiwist! piuvided in thih artitfe State Personnel Board.
(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.
(d) A cld&siflud employee with the cuusent uf Hie head of the department and the cuncur-
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iiV6 y^SiFiS lui1 trie jjiii'^jGS^ oi ffccfiptin^ &n tissi^iiiii&rit rn Llic uiicictfcSiiicu ssrvics. A'ti
GillplOy^^ On SLiCli 1G3.V6 &t 3.DS(iftC6 S113It uQ SlTtttlfeu TX) l*66IH^5iOyiilciit Hi L116 ClcfBSiil^d

FRIDAY, MARCH 15, 1996

1767

pusiUuii from wlikh the leave was gidated tluuughuul, the periud of such auUtumud
I63.V^ SliDjcCt 10 tlllSS tuO}tu Dy tllti DGEirQT
) 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 world ng 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 workin g 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 thu 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 Taylor of the 12th moved that the Senate ajjree to the House substitute to SB 635.
On the motion, a roll call was taken, and the vote wais as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill
Ragan Ralston Scott Starr Tanksley Taylor Turner Tysinger

Those voting in the negative were Senators:

Black

Blitch

James

Those not voting were Senators:

Abernathy Bowen Harbison Hooks (excused conferee) Oliver

Perdue Pollard (presiding) Ray (excused conferee) Slotin

Stokes Thomas Thompson Walker (excused)

On the motion, the yeas were 40, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 635.

1768

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes, as amended by the House, to the following bills of the House:
HB 6. By Representatives B'ack 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 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 proper ty taxes shall be applicable to other provisions of law.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to conifer with a like committee on the part of the Senate on the following bill of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 884. By Representative B'avis of the 60th:
A resolution compensiating Ms. Margaret C. Ritchie.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.

FRIDAY, MARCH 15, 1996

1769

The House has agreed to the Senate amendment, as amended by the House, to 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 House has disagreed to the Senate substitute to the following bill of the House:

HB 1207. By Representative Connell of the 115th:
A bill to create the Augusta-Richmond Consolidated Government Coliseum Au thority Act.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend SB 773 by inserting at the end of line 30 on page 6 the following:
"provided, however, that the authority shall not have the power to enter into any intergov ernmental contract which would cause an ad valorem tax to be levied on property within the corporate limits of the City of Gumming as such limits exist on July 1, 1996, without the express approval of the governing authority of such city;"
Senator Day of the 48th moved that the Senate agree to the House amendment to SB 773.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill Oliver Perdue Ragan Ralston Scott Starr Taylor Turner Tysinger

1770

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Black Cheeks Harbison Hooks (excused conferee)

Pollard (presiding) Ray (excused conferee) Slotin Stokes

Tanksley Thomas Thompson Walker (excused conferee)

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 773.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
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 when original actions for grandparent visitation are not authorized; to require certain findings of the court before granting visitation rights to a grandparent; to provide for written findings of fact; 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 compen sation of the guardian ad litem and mediator; 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 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 Except as otherwise provided in this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to 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 parental 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. This subsection

FRIDAY, MARCH 15, 1996

1771

shall not authorize an original action where the parents of the minor child are not sepa rated and the child is living with both of the parents?
(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 proof of special ciiiumstaiich which make such vibilatiuu rights nembsary-to if the court finds the health or welfare of the child would be harmed unless such visitation'is granted, and if the best interests of the child would be served by such visitation. The court shall make specific written findings of fact in sup port of its rulings. There shall be no presumption in favor of visitation by any grandpar ent, and the cuLal shall have dihuietioa tu 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 discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period.
(d) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grand parent or grandparents, 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 grandparents?1

SECTION 2.

The trial court may award reasonable attorney fees and costs to a respondent in an action filed pursuant to this Act upon the finding that the petition is brought for the purpose of harassment or any other improper purpose.

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 Abernathy of the 38th moved that the Senate agree to the House substitute to SB 640.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

1772

JOURNAL OF THE SENATE

McGuire Middleton Newbill Ragan Ralston

Scott Starr Tanksley Taylor

Thomas Thompson Turner Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Hooks (excused conferee) Madden Oliver

Perdue Pollard (presiding) Ray (excused conferee)

Slotin Stokes Walker (excused conferee)

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 640.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 46 by striking line 1 on page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to change the provisions relating to migrant student grants; to change the definitions relating to educational capital funding; to change the pro visions relating to additional funding for school systems having exceptional growth; to amend Code Section 50-27-3 of the Official Code of.
By renumbering Sections 1 through 6 as Sections 5 through 10.
By inserting new Sections 1 through 4 to read as follows:
"SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended by striking subsections (b) and (c) of Code Section 20-2189, relating to migrant student grants, and inserting in its place the following:
'(b) The State Board of Education shall provide grants to qualified local units of adminis tration for the purpose of supplementing services and instruction to currently enrolled migrant students. A local unit of administration shall not b eligible for such grant for any heliool llieieuf unless the number of migrant studeulh enrolled in siicli school is at
ItJiiSL i\j 01 cQU.li& 3.t IciifeL u jjci'CGITt 01 tilG 13.1/GSt lull tiiiiS 6QU.iV3ifeil
such school, whichever is greater. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.
(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropria tion for such grants by a fraction, the numerator of which is the average number of eligi ble migrant students enrolling in that school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year and the denominator of which is the average total number of eligible migrant students

FRIDAY, MARCH 15, 1996

1773

enrolling after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education.'
SECTION 2.
Said article is further amended by striking paragraph (7.1) of subsection (b) of Code Section 20-2-260, relating to educational capital funding, and inserting in its place the following:
'(7.1) "Exceptional growth" means an increase in the average of a local school system's
3.VSr<ljc IU.11 tnli6~"6C[lliV3.1fiilt StUd-filll COUiltt 101* tflc tlll'66 JUOSt FfiC^lltly COillpl6t6Ct SC11O01
yfiilFS WT16n COill^icii eu tO tllfc ciVil*H^f OT tliclL SySt^iH S fl.Vtil1lJfe IU.ll t/liuc ci^UjLV3.i6iit CGVttlt)
tor tJttr tin*&G most I'ccsntly coinplGt.Gti sciiooi yssi's jJi*iGi* to tiiG most itic^jniiy compi&C6fi school year that growth experienced by an exceptional growth system under the calcula tions specified in subparagraph (j) (2) (A) of this Code section?
SECTION 3.
Said Code section is further amended by striking subparagraph (j) (2) (A) thereof and in serting in its place the following:
'(A) The average of each school system's average full-time equivalent count for the three most recently completed school years ("most recent average") will be compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year ("earlier aver age"). If there is an increase in a school system's most recent average of at least 1.5 percent and at least 65 average full-time equivalent counts over that system's earlier average, that system will be an exceptional growth system. For each such exceptional growth scfaoot system with an increased average count of^at least 65 average full-time equivalent counts after the above calculation, the amount of such increase will be divided by the total such increase for all school exceptional growth systems with an increased average count under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and'.
SECTION 4.
Said Code section is further amended by striking subparagraph (j) (6) (B) thereof and in serting in its place the following:
'(B) Any construction project submitted to utilize growth entitlement shall include con struction of at least one three new instructional unit units. If sufficient growth entitle ment is not currently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instruc tional units at an existing school or for new schools only for those schools which, follow ing the completion of such construction, meet the minimum size specified in subsection (g) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and'".
Senator Broun of the 46th moved that the Senate agree to the House amendment.
Senator Madden of the 47th moved that the Senate agree to the House amendment to SB 46 as amended by the following amendment:

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Amend the House Amendment to SB 46 by striking line 1 page 1 through line 38 page 3
"known as Godbee 145th amendment"
The Madden motion to agree to the House amendment as amended by the Senate takes precedence.
On the motion to agree to the House amendment as amended by the Senate, the Chair ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Cheeks Crotts Dean Gillis
Gochenour

Griffin Guhl Harbison Hill Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden Middleton Ragan Ralston Walker

Those voting in the negative were Senators:

Abernathy Balfour Broun of 46th Brown of 26th Burton Cagle Clay Day Edge
Egan

Farrow Glanton Henson James Lamutt Marable McGuire Newbill Oliver
Perdue

Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Bowen Hooks (excused conferee)

Pollard (presiding) Ray (excused conferee)

Slotin

On the motion, the yeas were 22, nays 29, and the motion to agree to the House amend ment as amended by the Senate lost.
Senator Kemp of the 3rd moved that the Senate reconsider its action in defeating the motion to agree to the House amendment as amended by the Senate.
On the motion, the Chair ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Brown of 26th Cheeks Crotts Dean
Gillis

Griffin Guhl Harbison Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden Middleton Ragan Walker

Those voting in the negative were Senators:

Balfour Black
Broun of 46th Burton Cagle Clay Day

Edge Egan
Farrow Glanton Gochenour Henson Hill

James Lamutt
Marable McGuire Newbill Oliver Perdue

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1775

Ralston Scott Starr Stokes

Tanksley Taylor Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen

Hooks (excused conferee) Pollard (presiding)

Ray (excused conferee) Slotin

On the motion, the yeas were 19, nays 31, and the motion to reconsider lost.
Senator Johnson of the 1st moved that the Senate agree to the House amendment as amended by the following amendment: Amend the House Amendment to SB 46 by replacing "and" with "or" on line 42 of page 2.
The motion to agree as amended takes precedence over the Broun of the 46th motion to agree to the House amendment to SB 46.
On the motion, the Chair ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Brown of 26th Cheeks Crotts
Griffin

Guhl Harbison Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Middleton Ragan Ralston Walker

Those voting in the negative were Senators:

Abernathy Balfour Bowen Broun of 46th Burton Cagle Clay Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Henson Hill James Lamutt Marable McGuire Newbill

Oliver Perdue Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Hooks (excused conferee) Pollard (presiding)

Ray (excused conferee) Slotin

On the motion, the yeas were 19, nays 33, and the motion to agree to the House amend ment as amended by the Johnson and Johnson amendment lost.
On the motion by Senator Broun of the 46th to agree to the House amendment to SB 46, the Chair ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Broun of 46th Burton Cagle Clay Day

Edge Egan Farrow Glanton Henson Hill James

Kemp Lamutt Marable McGuire Newbill Oliver Perdue

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Ragan Ralston Scott Starr

Stokes Tanksley Taylor Thomas

Those voting in the negative were Senators:

Black Blitch Boshears Bowen Brown of 26th
Cheeks Crotts

Dean Gillis Gochenour Griffin Guhl
Harbison

Those not voting were Senators:

Hooks (excused conferee) Middleton

Pollard (presiding) Ray (excused conferee)

Thompson Turner Tysinger
Johnson of 2nd Johnson of 1st Land Langford Madden Walker
Slotin

On the motion, the yeas were 32, nays 19; the motion prevailed, and the Senate agreed to the House amendment to SB 46.
The Calendar was resumed.

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. Senate Sponsor: Senator Black of the 53rd.
Senator Taylor of the 12th offered the following amendment:
Amend HB 1155 by striking line 8 of page 1 and inserting in lieu thereof the following:
"for certain disabled veterans and blind persons; to provide for exemption from occupa tion taxes and regulatory fees of local governments for certain vendors at nonprofit agri cultural fairs; to provide".
By renumbering existing Section 3 as Section 4 and adding a new Section 3 to read as follows:
"SECTION 3.
Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 48-13-13, relating to prohibitions on occupation tax levies by local governments, and in serting in lieu thereof a new paragraph (5) to read as follows:
'(5) Levy any occupation tax, regulatory fee, or administrative fee on any state or local authority, or nonprofit organization, or vendor operating under a contract with a taxexempt agricultural fair.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

FRIDAY, MARCH 15, 1996

1777

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Henson Hooks (excused conferee)

Johnson of 1st Lamutt Pollard (presiding)

Ray (excused conferee) Slotin Thompson

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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.
Senator Langford of the 29th moved that the Senate adhere to its amendment to the House substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Langford of the 29th, Marable of the 52nd and Dean of the 31st.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Cartersville; authorizing the conveyance of certain state owned real

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property located in Carroll County, Georgia; to provide an effective date; to repeal conflict ing 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; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in the City of Carrollton, Carroll County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the City of Carrollton, Carroll County, Georgia, containing approximately 1.73 acres and located in Land Lot 125 of the 10th 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;
(3) Said property is under the custody of the Department of Natural Resources;
(4) The subject property is presently utilized by the Georgia Water and Waste Water Institute which is a nonprofit corporation;
(5) The City of Carrollton, Carroll County, conveyed the subject property to the state in 1976 for the consideration of $10.00;
(6) The City of Carrollton, Carroll County, is desirous of obtaining the subject property in order to provide a public service; and
(7) The Department of Natural Resources has declared the property surplus to its needs and has recommended the property be conveyed to the City of Carrollton, Carroll County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I.
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.

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1779

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 Cartersville 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.
SECTION 9.
That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire April 30, 1999.
ARTICLE II.
SECTION 10.
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.

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SECTION 11.
That the above-described real property shall be conveyed by appropriate instrument to the City of Carrollton, Carroll County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00, so long as the property is used for public purposes, 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 12.
That the authorization in this resolution to convey the above-described property to the City of Carrollton, Carroll County, shall expire three years after the date that his resolution becomes effective.
SECTION 13.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 14.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III.

SECTION 15.

That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 16.

That all laws and parts of laws in conflict with this resolution are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SR 413.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Blitch

Farrow Glanton

Hooks (excused conferee) Johnson of 1st

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1781

Langford Ragan

Ray (excused conferee) Slotin

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 413.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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;
(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;

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(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 if he or she kills 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;
(J2K11) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; or
(3X12) 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 influences of drugs, intoxicating liquors, beers, or wines may be made in ac cordance 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 'hunt' or 'hunting' means the act of hunting, as such term is denned 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 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, 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

FRIDAY, MARCH 15, 1996

1783

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;
(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

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(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 re quired testing may be offered into evidence against you at trial. If you consent 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 test) under the implied consent law?'
(h) Any person who is dead, unconscious, or otherwise in a condition rendering such per son incapable of refusal shall be deemed not to have withdrawn the consent provided 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 provi sions of paragraphs (2) and (3) of this subsection, such refusal shall be admissible 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 sec tion, 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 per son 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;
(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.

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(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 convicted of hunting while intoxicated while his or her hunting privi leges are suspended pursuant to this subsection shall be guilty of a misdemeanor."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 530.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill James Johnson of 2nd Kemp Lamutt Land 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:

Abernathy Blitch Bowen

Egan Hooks (excused conferee) Johnson of 1st

Langford Ray (excused conferee) Slotin

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 530.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 702. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment.
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 committed on the part of the Senate on the following bill of the House:

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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 Speaker has appointed on the part of the House, Representatives Stanley of the 50th, Buck of the 135th and Royal of the 164th.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bills of the House:
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.
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.
The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Simpson of the 101st, Barnes of the 33rd and Chambless of the 163rd.
The House has agreed to Senate amendment No. 1, as amended by the House, and has agreed to Senate amendment No. 2, to the following bill of the House:
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.

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1787

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

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.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 6 by inserting between "applicability;" and "to" on line 12 of page 1 the following:
"to provide that this Act shall not repeal a certain other Act;".
By adding at the end of line 2 of page 17 the following:
"The provisions of this Act shall not repeal any provision of HB 1101 if HB 1101 is passed at the 1996 regular session of the General Assembly, becomes law, and becomes effective."
Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate substitute to HB 6.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Clay Hooks (excused conferee)

Langford Ray (excused conferee) Slotin

Taylor Thompson Walker (excused conferee)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 6.
Senator Edge of the 28th assumed the Chair.
The following bill was taken up to consider House action thereto:

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

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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.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1101 by inserting between "applicability;" and "to" on line 12 of page 1 the following:
"to provide that this Act shall not repeal but shall supersede and control over certain other Acts;".
By adding at the end of line 9 of page 17 the following:
"The provisions of this Act shall not repeal but shall supersede and control over any conflicting provisions of any other Act enacted at the 1996 regular session of the General Assembly, including, but not limited to, HB 6."
Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate substitute to HB 1101.
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 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 Ralston Scott Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Edge (presiding) Egan Hooks (excused conferee)

Perdue Ragan Ray (excused conferee)

Slotin Taylor Walker (excused conferee)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1101.
The following bill was taken up to consider House action thereto:

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.

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The House substitute was as follows:
A BILL
To be entitled an Act 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 correctional facilities to obtain certain information from inmates relating to medical insurance; to pro vide for the provision and payment of medical treatment for inmates; to provide that cer tain state and county correctional facilities may deduct from inmate accounts payments for certain damages and medical costs; to provide an exception; to provide that such facilities may charge a certain fee for managing inmate accounts; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 42-4-50, relating to definitions relative to medical services for inmates, and inserting in lieu thereof the following:
"(1) "Detention facility' means a municipal or county jail, woikcamp, ui other or county detention facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense."
SECTION 2.
Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 42-4-70, relating to definitions relative to deductions from inmate accounts for expenses, and inserting in lieu thereof the following:
"(1) 'Detention facility' means a municipal or county jail, woikcamp, or other municipal or comity detention facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense."
SECTION 3.
Said title is further amended by inserting immediately following Code Section 42-5-53 three new Code sections to read as follows:
"42-5-54.
(a) As used in this Code section, the term:
(1) 'Detention facility' means a county correctional institution, workcamp, or other county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligi ble for benefits under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.' Such term does not include any sentenced inmate who is the responsibil ity of the Department of Corrections.
(3) 'Officer in charge' means the warden, captain, or superintendent having the super vision of any detention facility.
(b) The officer in charge or his or her designee may require an inmate to furnish the following information:
(1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;

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(2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';
(3) The name and address of the third-party payor; and
(4) The policy or other identifying number.
(c) The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered.
(d) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or by his or her carrier through coverage or benefits described under paragraph (1) of subsection (b) of this Code section or by or at the direction of the Depart ment of Medical Assistance pursuant to paragraph (2) of such subsection.
(e) Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate re gardless of whether such individual has been convicted of a crime.
42-5-55.
(a) As used in this Code section, the term:
(1) 'Detention facility' means a state or county correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practi tioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment.
(4) 'Officer in charge' means the warden, captain, or superintendent having the super vision of any detention facility.
(b) The commissioner or, in the case of a county facility, the officer in charge may estab lish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of:
(A) Public property willfully damaged or destroyed by the inmate during his or her incarceration;
(B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others;
(C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a conse quence of the escape; or
(D) Quelling any riot or other disturbance in which the inmate is unlawfully involved.
(2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate.
(c) The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an in mate from furnishing him or her with needed medical treatment.
(d) Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this

FRIDAY, MARCH 15, 1996

1791

Code section shall not be made whenever the balance in the inmate's account is $10.00 or less.
(e) The officer in charge of any detention facility is authorized to charge a fee for estab lishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 587.
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

Farrow Gillis Gochenour Griffin Guhl Henson Hill 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 Tysinger

Those not voting were Senators:

Edge (presiding) Egan Glanton Harbison

Hooks (excused conferee) Perdue Ray (excused conferee) Slotin

Taylor Turner Walker (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 587.
The Calendar was resumed.

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.
Senate Sponsor: Senator Newbill of the 56th.

The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 1130 by striking on line 2, line 4, and line 9 of page 1 the words "fees and".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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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 Burton Cagle Cheeks Clay Crotts Day Dean Farrow Gillis

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

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

Those not voting were Senators:

Brown of 26th
Edge (presiding) Egan Henson

Hooks (excused conferee)
Johnson of 2nd Langford

Ray (excused conferee)
Slotin Taylor

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

HB 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.
Senate Sponsor: Senator Hill of the 4th.

The Senate Higher Education Committee offered the following amendment:
Amend HB 1590 by striking on line 17 of page 2 the word "expended" and inserting in lieu thereof the word "unexpended."
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch
Boshears Bowen
Broun of 46th Burton Cagle

Cheeks Clay Crotts
Day Dean
Egan Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison
Henson Hill James

FRIDAY, MARCH 15, 1996

1793

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

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Scott

Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Brown of 26th Edge (presiding)

Hooks (excused conferee) Ragan Ray (excused conferee)

Slotin Taylor

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 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. Senate Sponsor: Senator Henson of the 55th.
The Senate Consumer Affairs Committee offered the following substitute to HB 1442:
A BILL To be entitled an Act 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; to provide for regula tions; to provide for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relat ing to antifreeze, is amended by adding, following Code Section 10-1-208, a new Code Sec tion 10-1-208.1 to read as follows:
"10-1-208.1.
This part shall not apply to recycled, reclaimed, or reprocessed antifreeze processed in Georgia which meets standards of suitability for automobile or other vehicle engine cool ing systems, which has conspicuous labeling or notice of its nature as 'recycled,' and which is dispensed in an approved manner in bulk or by replenishing during servicing. The department shall establish by regulation such standards, testing requirements, la beling and notice requirements, and manner of dispensing. Each sale or other dispersal of a product which fails to meet such standards, which does not have the proper labeling or on which adequate notice is not given, or which is dispensed in an unapproved manner shall constitute a separate violation of 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 32, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

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 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 Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Edge (presiding)

Hooks (excused conferee) Perdue

Ray (excused conferee) Taylor

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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.
Senator Scott of the 36th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Scott of the 36th, Starr of the 44th and Perdue of the 18th.
The Calendar was resumed.

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.
Senate Sponsor: Senator Guhl of the 45th.

FRIDAY, MARCH 15, 1996

1795

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Broun of 46th Edge (presiding) Harbison

Hooks (excused conferee) Langford Perdue Ray (excused conferee)

Starr Tanksley Walker (excused conferee)

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

HB 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.
Senator Taylor of the 12th moved that the Senate insist on its substitute to HB 1404.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its to substitute to HB 1404.
The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

The House amendment was as follows: Amend SB 623 as follows:
On page 2 line 22 delete the words in the state Senator Ray of the 19th moved that the Senate agree to the House amendment to
SB 623. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Edge (presiding) Hooks (excused conferee)

Langford Perdue Scott

Taylor Walker (excused conferee)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 623.
The Calendar was resumed.

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.
Senate Sponsor: Senator Henson of the 55th.
Senator Clay of the 37th and Henson of the 55th offered the following amendment:
Amend HB 1272 by adding on line 9 of page 1 between the first semicolon and the word "to" the following:
"to provide for construction with respect to the authority of local law enforcement officers to impound used motor vehicles under certain conditions;".
By striking line 36 on page 2 in its entirety and inserting in lieu thereof the following:
"Nothing in this chapter shall be construed to prohibit municipalities or counties, by or dinance or resolution, from authorizing local law enforcement officers to impound used motor vehicles which are displayed for sale at unlicensed facilities, provided that such ordinances or resolutions provide for actual prior notice to the owners of such motor vehi cles of such impoundment.'"

FRIDAY, MARCH 15, 1996

1797

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Griffin Harbison Henson Hill 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Bowen Brown of 26th

Day Edge (presiding) Guhl

Hooks (excused conferee) Ray (excused conferee) Taylor

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Code Section 32-6-75.2 of the Official Code of Georgia Anno tated, relating to the authority of the commissioner of transportation to issue permits for trimming trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation control program on state rights of way for the promotion of tour ism; to amend Code Section 32-6-75.3 of the Official Code of Georgia Annotated, relating to applications for tree trimming permits and annual renewals, so as to provide for the setting of the amounts of application and renewal fees; to recover the cost of administering the vegetation control program and to support the beautification of the state's interstate high way system through allocation of a portion of such fees to Georgia's wildflower program; to provide for related matters; to provide for severability; to provide an effective date; to re peal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 32-6-75.2 of the Official Code of Georgia Annotated, relating to the authority of the commissioner of transportation to issue permits for trimming trees and vegetation on state rights of way, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"32-6-75.2.
r^iOLvViLll&fciixuiii^ eiiiy wtlici" ^ji li VifciwiiS 01 tlliS Litlc, Liic COiiiiVilbSivjiici Sliall liavc Liie illA-
Lilul'iLjf LO ID&UC pel. illlLS ailu Llic annual i'^ll&waltiici cui iui Lli^ ti'iuimiiig ul tl'ccb auu
vGj^ctiitiGn un llic olclte & i i^litib OI way lui' Llltt puipuacs 61 aullllIiiaLciiiig Lllio en tiv;lc. ihe
General Assembly declares it to be in the public interest in this state for provisions to be made for the visibility of outdoor advertising displays legally erected or maintained along the highways of this state in order to promote tourism and to provide information regard ing places ottering lodging, food, motor vehicle fuels and lubricants, motor vehicle service and repairs, or any other services or products available to the general public. So as to promote those objectives, the commissioner shall provide, by rule and regulation, for the issuance and annual renewal of permits for the trimming, cutting, or removal of trees and vegetation on the state rights of way with respect to outdoor advertising displays that were legally erected or legally maintained adjacent to said rights of way?'
SECTION 2.
Code Section 32-6-75.3 of the Official Code of Georgia Annotated, relating to applications for tree trimming permits and annual renewals, is amended by striking said Code section in its entirety, which reads as follows:
"32-6-75.3.
(a) Application for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signa ture of the applicant and such other information as may be required by the department's rules and regulations. The applicant shall either:
(1) Attach to the application form a copy of the landscape plan for the area desired to be trimmed and after approval by the department shall trim the area at its own ex pense; or
(2) Request that the department develop a landscape plan and trim the area, and the applicant shall then reimburse the department for the plan and the trimming.
(b) An application fee of $25.00 shall accompany the application for each tree trimming permit, and both the application and the fee shall be submitted to the department. There shall be a fee of $25.00 for the annual renewal of the permit. The money received from these permit fees shall be used to help defray the expenses of administering this Code section, any provisions of Code Section 48-2-17 to the contrary notwithstanding.",
and inserting in lieu thereof the following:
"32-6-75.3.
(a) The commissioner of transportation shall issue to the owners or holders of lawfully issued outdoor advertising permits, including permits for those structures described as conforming and nonconforming by federal regulations, to trim, cut, and remove trees and vegetation located on the right of way adjacent to such outdoor advertising and replace the same, as directed, whenever such vegetation prevents clear visibility for a distance not to exceed 500 yards to occupants of vehicles using the main traveled ways of the controlled systems. The maximum area to be controlled shall not exceed 500 feet. The district engineer for the department shall issue a vegetation control permit where all criteria are met following submission of information specified and a fee as specified by

FRIDAY, MARCH 15, 1996

1799

rule and regulation for each location involved. When work pursuant to a vegetation con trol permit has been completed, the department may plant wildflowers within the 500 yard viewing zone. The cost of planting the wildflowers shall be included in the vegeta tion control application fee.
(b) An application fee shall accompany the application for each vegetation control permit and both the application and the fee shall be submitted to the department. There shall be a fee for the annual renewal of the permit. The department shall promulgate rules and regulations setting forth the application fees and renewal fees. Such application and renewal fees shall be established by the State Transportation Board in reasonable amounts in order to recover costs of administering the vegetation control program.
(c) If the owner of an advertising device chooses to voluntarily remove a nonconforming structure, one vegetation control permit fee will be waived.
(d) This waiver shall not be used as evidence in any future eminent domain proceeding relating to nonconforming structures.
(e) Notwithstanding any other law to the contrary, it is the legislative intent that issu ance of permits and carrying out of the work pursuant to this Code section are lawful activities and shall not be construed as violating any provision of 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 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.

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 Abernathy of the 38th moved that the Senate disagree to the House substitute to SB 169.
Senators Cheeks of the 23rd and Kemp of the 3rd asked unanimous consent that they be excused from voting on SB 169, pursuant to Senate Rule 175. The consent was granted, and the Senators were excused from voting.
On the motion to disagree to the House substitute, a roll call was taken, and the vote was as follows:
Voting in the affirmative were Senators Abernathy and Walker.

Those voting in the negative were Senators:

Balfour Blitch
Boshears Broun of 46th
Brown of 26th Burton Cagle Clay Day
Egan

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

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

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JOURNAL OF THE SENATE

Scott Slotin Starr

Stokes Tanksley Taylor

Turner Tysinger

Those not voting were Senators:

Black Bowen Cheeks (excused) Crotts Dean (excused conferee) Edge (presiding)

Guhl Hooks (excused conferee) Kemp (excused) Langfordtexcused conferee) Marable (excused conferee)

Perdue Ralston Ray (excused conferee) Thomas Thompson

On the motion, the yeas were 2, nays 38; the motion lost, and the Senate failed to disagree to the House substitute to SB 169.
The Calendar was resumed.

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.
Senate Sponsor: Senator Henson of the 55th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bowen Edge (presiding) Hooks (excused conferee)

Langford (excused conferee) Marable (excused conferee) Perdue

Ray (excused conferee) Walker (excused conferee)

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

FRIDAY, MARCH 15, 1996

1801

The following bill was taken up to consider House action thereto:
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 custody orders; to provide that reunification services are not required when ef forts to reunify a child with the child's family are not reasonable.
The House substitute was as follows:
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 and any other appropriate agencies to prevent or eliminate the need for removal and to

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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 {actual 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 plan report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the citizen review panel, if applicable, and any recom mendations of the parents, if such are available.
(d) The case plan If the report contains a plan for reunification services, such plan if adopted by the court shall be in eft'ect 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 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.
Xllfc i'ti^JGl t SUDHlltjtGCl CO Lil6~~~CO iliv ili3.lt ctiSO COilLcliii ctiiy 0.18iciiitirx^ r6CGillIUGIlu.3/tlOllS OT
IlC3,Uiti, 311u L116 p&i'ciH/ii W~.il.iCil itl6 ilut 1H tCCOFu AVlDI! tI16
ing is requested as piuvided in this Code section, the comi shall enter a dispositional
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FRIDAY, MARCH 15, 1996

1803

^ Wltil WTlttGll HOt6S tflflT Wt6 pleii'i Will D6 1113. ufe 1116 OrQGF OI tiltt COUl't \1I1~'
icSSj Witn.i.ii iiV'S uciys irGfu trie u,<iLci tii6 *-Qpy or trie piciit^viis I'&CGIVGQ, tfioy i^etjusst &
fl63.nil D6TOF6 I/TIG CGtti't uO F^Vl&W tlTS plciil.
(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 disppsitional 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 requelit"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 specificjindirigs as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-1 1-8L
(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 Resources that a reunifica tion plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when 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 termination proceedings should be commencedT
(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 appropriateT^the court shall determine by clear and convincing evidence wfie~ther 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.
Except as otherwise provided by law, an order of disposition placing a deprived chilS 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 t8 12months after the

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JOURNAL OF THE SENATE

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 an associate juvenile court judge a piupmly designated lufeiee or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such stan dards 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 rep resentative 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 intend 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 com menced. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the depart ment, along with the department's proposed revised plan for reunification or other per manency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed 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 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 lemiificalioii. 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.
(fXD The court which made the order may extend its duration for not more than two years if:

FRIDAY, MARCH 15, 1996

1805

(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 pai'ent(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
(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.
ftrXn) Except as provided in subsection (a) of this Code section, the court may terminate an^Fder 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 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;

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JOURNAL OF THE SENATE

(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.
(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 de cree; and
(iii) To comply with a court ordered plan designed to reunite the child with the parent 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,

FRIDAY, MARCH 15, 1996

1807

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 sub section (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."

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.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 611, as amended by the following amendment offered by Senator Clay of the 37th:
Amend the House substitute to SB 611 by inserting in line 16 of page 1 after the word and symbol "rights;" the following:
"to provide for juvenile court orders for the successful completion of a substance abuse pro gram; to provide for certain placements of children after termination of parental rights only if such placements are in the best interest of the child;".
By inserting between lines 14 and 15 of page 9 the following:
"Said chapter is further amended in subsection (a) of Code Section 15-11-57, relating to protective orders, by striking the word "and" at the end of paragraph (7), striking the pe riod at the end of paragraph (8) and inserting the symbol and word "; and" and by inserting a new paragraph (9) to read as follows:
'(9) To enter into and complete successfully a substance abuse program approved by the court.'

SECTION 3."

By inserting between line 27 and 28 of page 10 the following:

"SECTION 4.

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:
'(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 uchnidlder.'"the terms of this paragraph only if such a placement is in the best interest of the

By renumbering Sections 3, 4, and 5 as Sections 5, 6, and 7, respectively.

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

Brown of 26th Burton
Cagle Cheeks Clay

Crotts Day
Dean Egan Farrow

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JOURNAL OF THE SENATE

Gillis Glanton Griffin Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp

Lamutt Land Madden McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Those not voting were Senators:

Bowen Broun of 46th Edge (presiding)

Gochenour Hooks (excused conferee) Langford(excusedconferee)

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Marable (excused conferee) Ray (excused conferee)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 611 as amended by the Senate.
The following bill was taken up to consider House action thereto:

HB 1030. By Representatives Chambless of the 163rd, Reichert of 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 House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 1030 by striking lines 3 through 25 of page 1.
By striking lines 26 and 27 of page 1 and inserting in lieu thereof the following:
"Amend HB 1030 by striking in their entirety lines 36 through 40 of page 148 and lines 1 through 2 of page 149 and inserting in lieu thereof the following:
'Any standard forms adopted pursuant to the Uniform Probate Court Rules shall be is sued subject to uniform rules concerning the use of any such forms. Said rules shall allow and facilitate the use of technology in document preparation such as by means of word processing. Further, no such forms or rules shall require the filing party to mark or identify any changes in said forms unless they are material. Further, changes in such forms which are grammatical, changes in gender, changes from singular to plural, omis sion of optional or alternative language, and the inclusion of variable information such as names and addresses shall not be deemed material; however, the format and sequence of the forms shall be preserved as far as practical.'".
Senator Egan of the 40th moved that the Senate agree to the House amendment to the Senate amendment to HB 1030.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Cagle Clay
Crotts Day Dean

Egan Farrow Gillis
Glanton Gochenour Harbison

Henson Hill Johnson of 1st
Land Madden McGuire

FRIDAY, MARCH 15, 1996

1809

Middleton Newbill
Oliver Pollard Ragan

Ralston Scott
Slotin Stokes Tanksley

Taylor Thomas
Thompson Turner

Those voting in the negative were Senators:

Balfour Blitch Boshears Brown of 26th Burton Cheeks

Griffin Guhl James Johnson of 2nd Kemp

Lamutt Perdue Starr Tysinger Walker

Those not voting were Senators:

Black Bowen Broun of 46th

Edge (presiding) Hooks (excused conferee) Langford(excusedconferee)

Marable (excused conferee) Ray (excused conferee)

On the motion, the yeas were 32, nays 16; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1030.
The Calendar was resumed.

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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Public Safety Committee offered the following substitute to HB 256:
A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to define a term relating to revocation of habitual violators' licenses; to provide for destruction of old licenses; to change certain provisions relating to examination of driver's license applicants; to change certain provisions relating to issuance of licenses; to provide for fingerprinting of applicants by means of an inkless fingerprint scanning device; to change procedures for issuance of replacement licenses and permits; to prohibit the stapling, defacing, or altering of a driver's license which has been seized by a law enforcement officer upon a person being charged with a violation of the law relating to the operation of motor vehicles; to provide sanctions for making false statements in application for an identification card and for use of a fraudulent identification card; to provide sanctions for certain actions involving improperly or fraudulently obtaining or us ing a driver's license or identification card; to change provisions relating to the contents of licenses and identification cards; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding after paragraph (16) of Code Section 40-5-1, relating to definitions, a new paragraph (16.1) to read as follows:
"(16.1) 'Singularly or in combination' means that the department, in determine whether or not a person's license or privilege to operate a motor vehicle on the public highways is

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to be revoked as a habitual violator, is to treat each charge for which a conviction was obtained as a separate transaction when determining whether or not a person has the requisite convictions which mandate such a revocation."
SECTION 2.
Said chapter is further amended by striking subsection (c) of Code Section 40-5-20, relating to the requirement of a license, surrender of a prior license, and prohibition of local licenses and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) No person shall receive a driver's license unless and until he such person surrenders to the department all valid licenses in his such person's possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed letuiaeJ theielu, tugulhei1 with iufui'mdUuii Ihal the pei'sun is licensed in this stale. ThTlicense information shall be forwarded to the previous jurisdiction No person shall be permitted to have more than one valid driver's license at any time."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of driver's license applicants, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall examine every applicant for a driver's license. Such examina tion shall include a test of the applicant's eyesight, his or her ability to understand offi cial traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. Applicants with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commis sioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
SECTION 4.
Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses, and inserting in lieu thereof a new Code Section 40-5-28 to read as follows:
"40-5-28.
The department shall, upon payment of the required fee, issue to every applicant qualify ing therefor a driver's license indicating the type or genera] class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application."
SECTION 5.
Said chapter is further amended by striking subsection (b) of Code Section 40-5-31, relating to replacement of lost or destroyed licenses, and inserting in its place a new subsection (b) to read as follows:

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1811

"(b) The department and the offlteih hi thaige of stale patiol stations shall issue a tem porary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced."
SECTION 6.
Said chapter is further is amended by adding following Code Section 40-5-73 a new Code Section 40-5-74 to read as follows:
"40-5-74,
Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person's driver's license being seized by a law enforce ment officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicted of any offense resulting in the person's driver's license being sus pended and forwarded to the department, such driver's license shall not be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license."
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relat ing to issuance of identification cards, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety shall issue personal identification cards to all resi dents as defined in Code Section 40-5-1 who make application to the department in ac cordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Location Post where the identification card was issued; ami
(10) Signature of person identified: or facsimile thereof;
(11) Fingerprint of the person identified; and
(12) Such other information or identification as required by the department."
SECTION 8.
Said chapter is further amended by striking Code Section 40-5-125, relating to the use of a false name in an application for a driver's license, and inserting in lieu thereof a new Code Section 40-5-125 to read as follows:

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"40-5-125.
It is a misdemeanor for any person to:
(1) Display, cause or permit to be displayed, or have in his or her possession any ficti tious, fraudulent, or altered driver's license or identification card;
ffl(2) Use a false or fictitious name or provide any other false information in any appli cation for a driver's license or identification card;
(3) Procure, secure, or assist another person in the procuring or securing of a fraudu lent driver's license or identification card;
(4) Alter any driver's license or identification card such that the information on the license is false or fictitious;
(5) Sell or deliver any false, fictitious, or altered driver's license or identification card;
(2X6) Lend his or her driver's license or identification card to any other person or permitTmowingly the use thereof by another personfor
(3X7) Display or represent as his or her own any driver's license or identification card noFTssued to him or her; or
(8) Conceal a material fact in any application for a driver's license.
Ally jjciSOii CGilVlCtGu OI ViGliLtlfl^J tlUS v^Ou^ StiCLiOil Si lit 11 D^ pmiiSA^Q by Si 11116" "OX HOT* IcSS
than $200.00 Any employee of the Department of Public Safety who knowingly violates and is convicted of violating this Code section shall also be guilty of the ottense of violat ing his or her public position and, upon conviction, shall be punished as for such separate and additional violation?'
SECTION 9.
Said chapter is further amended by striking subsection (c) of Code Section 40-5-150, relat ing to contents, classifications, endorsement, restriction, expiration, and renewal of licenses, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Commercial driver's licenses may be issued with the following endorsements and restrictions:
(1) 'H' -- Authorizes the driver to drive a vehicle transporting hazardous materials;
(2) 1? 'L' -- Restricts the driver to vehicles not equipped with air brakes;
(3) T -- Authorizes driving double and triple trailers;
(4) 'P' -- Authorizes driving vehicles carrying 16 or more passengers, including the driver;
(5) 'N' -- Authorizes driving tank vehicles; and
(6) OC -- Represents a combination of hazardous materials and tank vehicle endorsements.
The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25."
SECTION 10.
Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relat ing to identification cards for persons with disabilities, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall may contain a recent color photograph of the applicant and the following information:

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1813

(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location Post where the identification card was issued; and (11) Signature of person identified or facsimile thereof;: (12) Fingerprint of person identified; and (13) Such other information as required by the department."

SECTION 11.

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

SECTION 12.

All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th offered the following amendment:
Amend the committee substitute HB 256 by adding after "license" and before "." the words "and identification card" on page 5, line 31.
On the adoption of the amendment, the yeas were 33, nays 1, and the Farrow amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, 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 Blitch Boshears Brown of 26th Burton Cheeks Crotts Dean Farrow Gillis 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 Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

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Those not voting were Senators:

Black Bowen Broun of 46th Cagle

Clay Day Edge (presiding)

Egan Henson Hooks (excused conferee)

On the passage of the bill, the yeas were 45, 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 1864. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for a board of education to be composed of 11 members.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Watts of the 26th, Hanner of the 159th and Porter of the 143rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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

FRIDAY, MARCH 15, 1996

1815

form and participate in regional jail authorities; to provide for definitions; to provide for related matters.

The Calendar was resumed.

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 the regional development center boundaries established by the Board of Community Affairs.
Senate Sponsor: Senator Griffin of the 25th.

Senators Griffin of the 25th and Crotts of the 17th offered the following amendment:
Amend HR 826 by inserting between lines 31 and 32 on page 1 the following:
"WHEREAS, the Board of Community Affairs at its November 8, 1995, meeting voted to transfer the county of Newton from the Mclntosh Trail Regional Development Center to the Northeast Georgia Regional Development Center effective July 1, 1996; and"
By inserting between lines 10 and 11 on page 2 the following:
"BE IT FURTHER RESOLVED that the Board of Community Affairs' action to transfer the county of Newton from the Mclntosh Trail Regional Development Center to the Northeast Georgia Regional Development Center to become effective on July 1, 1996, is hereby rati fied and approved."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean 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 Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black Bowen

Broun of 46th Edge (presiding) Egan

Hooks (excused conferee) 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.

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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.
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:

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

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

Marable McGuire Middleton Newbill Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Tysinger

Those not voting were Senators:

Abernathy Bowen Broun of 46th Edge (presiding) Farrow

Hooks (excused conferee) Oliver Perdue Ray (excused conferee)

Tanksley Thompson Turner Walker (excused conferee)

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

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.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson James Johnson of 2nd Johnson of 1st

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1817

Kemp Lamutt Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Slotin

Those not voting were Senators:

Abernathy Bowen Broun of 46th Edge (presiding)

Hill Hooks (excused conferee) Land

Starr Stokes Tanksley Taylor Thomas Turner Tysinger
Ray (excused conferee) Thompson Walker (excused conferee)

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Marble of the 52nd moved that Senator Bowen of the 13th be excused.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Bowen was excused.
Senator Day of the 48th moved that Senator Cagle of the 49th be excused.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Cagle was excused.
On March 12, a motion was adopted to appoint a Conference Committee on the follow ing bill of the House:

HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make purchases through the Department of Administrative Services, so as to provide that emer gency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.

The President appointed as a Conference Committee the following Senators: Thomas of the 10th, Hill of the 4th and Starr of the 44th.
The following bill was read the first time and referred to committee:

HB 1864. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act regulating public instruction in the County of Richmond, so as to provide for a board of education to be composed of 11 members.
Referred to State and Local Governmental Operations Committee. The Calendar was resumed.

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.
Senate Sponsor: Senator Henson of the 55th.

Senator McGuire of the 30th offered the following amendment:

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Amend HB 1222 as follows:
On page 2 delete lines 6 thru 18 and insert:
"(1) The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demon strating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option;"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Clay Crotts Day Dean Gillis Glanton

Gochenour Griffin Guhl Hill Johnson of 1st Kemp Lamutt Land Madden McGuire

Newbill Pollard Ragan Ralston Ray Scott Starr Thompson Turner Tysinger

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Egan Farrow Harbison

Henson James Middleton Oliver Perdue

Slotin Stokes Tanksley Taylor Thomas

Those not voting were Senators:

Abernathy Bowen (excused) Cagle (excused) Cheeks

Edge (presiding) Hooks (excused conferee) Johnson of 2nd

Langford Marable Walker (excused conferee)

On the adoption of the amendment, the yeas were 31, nays 15, 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 Boshears Broun of 46th Brown of 26th Burton Clay Crotts Egan Farrow Gochenour Griffin Guhl

Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden McGuire

Newbill Oliver Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

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1819

Those voting in the negative were Senators:

Balfour Blitch Day Dean

Gillis Glanton Perdue

Pollard Ray Starr

Those not voting were Senators:

Abernathy Bowen (excused) Cagle (excused) Cheeks

Edge (presiding) Hooks (excused conferee) Lamutt Marable

Middleton Ragan Ralston Walker (excused conferee)

On the passage of the bill, the yeas were 34, nays 10. The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Harbison of the 15th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Bowen (excused) Cagle (excused)

Edge (presiding) Hooks (excused conferee) Marable

Perdue Ragan Walker (excused conferee)

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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

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Resources, so as to provide that documents relating to nursing home surveys shall be disclosed. Senate Sponsor: Senator Farrow of the 54th.
The Senate Judiciary Committee offered the following substitute to HB 1583:
A BILL To be entitled an Act to amend Code Section 31-7-2.1 of the Official Code of Georgia Anno tated, relating to reports of cited nursing home violations, so as to provide for the disclosure of nursing home survey worksheets and documents and provide for fees; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to reports of cited nursing home violations, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or documents prepared or compiled by Department of Human Resources surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Sec tion 1396r or Code Section 31-2-6; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Health Care Financing Administration. The department may charge a reason able reproduction fee as provided in Code Section 50-18-70 et seq."

SECTION 2.

All laws and parts of laws in conflict with this the Act are repealed.
Senator Land of the 16th offered the following amendment:
Amend the committee substitute to HB 1583 by: On line 18 striking the semicolon and replacing it with a comma and inserting after the comma the following:
"to the Long-Term Care Ombudsman Program when their worksheets or documents are provided to a nursing home pursuant to this Code Section, and to current and former nursing home residents and/or their representatives when these worksheets or docu ments relate to a deficiency cited by the Department of Human Resources regarding the care of the resident who makes the request for these records;"
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 Broun of 46th Clay Crotts Day Egan Guhl

James Lamutt Land Langford Madden McGuire Newbill

Oliver Perdue Scott Starr Tanksley Thompson Tysinger

Those voting in the negative were Senators:

Black Blitch Brown of 26th

Burton Cheeks Dean

Farrow Gillis Glanton

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1821

Gochenour Griffin Harbison Hill Johnson of 1st

Kemp Middleton Pollard Ragan Ralston

Those not voting were Senators:

Abernathy Boshears Bowen (excused) Cagle (excused)

Edge (presiding) Henson Hooks (excused conferee) Johnson of 2nd

Slotin Taylor Thomas Turner Walker
Marable Ray (excused conferee) Stokes

On the adoption of the amendment, the yeas were 21, nays 24, and the Land amend ment to the committee substitute lost.
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 Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis Glanton

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

Abernathy Bowen (excused) Cagle (excused)

Edge (presiding) Henson Hooks (excused conferee)

Langford Ray (excused conferee)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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

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and transfer to that office certain functions and duties previously performed by the Department of Education.
The House substitute was as follows:
A BILL
To be entitled an Act to enact the "Education Reform Act of 1996"; 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 remove 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 transfer to 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 provide the State School Superintendent with the authority to employ certain senior staff persons within the Department of Education and to enter into certain contracts; 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 previously performed by the State Library Commission be per formed 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Education Reform Act of 1996."
SECTION 2.
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.

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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 per-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 Even Start and child care regulation and food 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 15, 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, Even Start, and child care food pro grams. Subject to subsection (c) of this Code section, all persons employed by and posi tions authorized for the Department of Education to perform these functions on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. 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 15, 1996.
(b) Effective April 15, 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 April 14, 1996, shall, on April 15, 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 15, 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

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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, 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 Office of School Readi ness. Except as provided in this subsection, no employment benefit of any employee 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 April 15, 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 3.
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 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.

FRIDAY, MARCH 15, 1996

1825

(b) The State School Superintendent shall have the authority to employ persons to serve in the five senior staff positions within the Department of Education.
(c) The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 or less on behalf of the Department of Education."
SECTION 4.
Said title 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 Doaid 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 65 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 Slate Board uf Edueatiuii 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 Board 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 Slate Board uf 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 5.
Said title is further amended by adding between Code Sections 20-4-14 and 20-4-15 a new Code section 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.

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(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.
(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 6.
Said title is further amended by striking Code Section 20-5-2, relating to the powers and duties of the State Board of Education regarding libraries, in its entirety and inserting in its place the following:
"20-5-2.
(a) The State Doaid 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 slate 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

FRIDAY, MARCH 15, 1996

1827

cost except postage. The t>tale boaid Department of Technical and Adult Education is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The stale board Department of Technical and Adult Education may also em ploy the necessary professional and clerical statt' upun Uie recommendation of the State 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 slate boaid 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 Slate Dudid of Education Department of Technical and Adult Education.
(d) The collection of books, periodicals, documents, and other library materials held by the htatu board 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.

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(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, wum-uul 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 7.
Said title is further amended by striking Code Section 20-5-3, relating to disbursement of funds for libraries, 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 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 board 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 8.
Said title is further amended by striking Code Section 20-5-4, relating to annual reports 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 Buaid uf Edu cation Department of Technical and Adult Education."
SECTION 9.
Said title 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

FRIDAY, MARCH 15, 1996

1829

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 uf 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 uf 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 10.
Said title is further amended by striking subsection (c) of Code Section 20-5-47, relating to a written constitution for library boards of trustees, 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 tmeiit uf Education Department of Technical and Adult Education, and all amendments must be filed with the division immediately upon adoption."
SECTION 11.
Said title 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 uf Education Department 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 Divihiuu Office of Public Library Services of the Dupaitmeut 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

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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 fur nish 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 Depai tment of Education Department of Technical and Adult Edu cation or its designee."
SECTION 12.
Said title 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 chaiiman 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= pai Luieiit uf Education Department of Technical and Adult Education.
(ft Upon total dissolution of a library system, all property shall be disposed of as provided in this part."
SECTION 13.
Said title 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 inserting 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."

FRIDAY, MARCH 15, 1996

1831

SECTION 14.

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 Depai Luieiil uf 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 15.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996.
(b) Section 2 of this Act shall become effective on April 15, 1996.

SECTION 16.

All laws and parts of laws in conflict with Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 709.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis Griffin

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

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

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Those voting in the negative were Senators:

Balfour Glanton

Gochenour Johnson of 1st

Ralston

Those not voting were Senators:

Black Bowen (excused) Cagle (excused)

Edge (presiding) Henson Hooks (excused conferee)

Perdue Thompson

On the motion, the yeas were 43, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 709.
The President resumed the Chair.
The Calendar was resumed.

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.
Senate Sponsor: Senator Glanton of the 34th.

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

Those voting in the affirmative were Senators:

Abernathy Black Boshears Broun of 46th Burton Clay Day Dean Egan Farrow Gillis Glanton

Griffin Harbison Hill James Kemp Land Langford Madden Middleton Newbill Oliver

Perdue Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Crotts Edge

Gochenour Johnson of 1st Lamutt

McGuire Tysinger

Those not voting were Senators:

Blitch Bowen (excused) Brown of 26th Cagle (excused) Cheeks

Guhl Henson Hooks (excused conferee) Johnson of 2nd Marable

Pollard Ray (excused) Tanksley Walker (excused conferee)

On the passage of the bill, the yeas were 34, nays 8.
The bill, having received the requisite constitutional majority, was passed.
Senator Boshears of the 6th moved that Senator Blitch of the 7th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Blitch was excused.

FRIDAY, MARCH 15, 1996

1833

The following bill was taken up to consider House action thereto:
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 substitute was as follows:
A BILL
To be entitled an Act 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, equipment, or apparatus for committing theft of telecommunications services or for con cealing origin or destination of any telecommunication; to change the provisions relating to the seizure and disposal of devices, equipment, or any plan or instrument used for commit ting theft of telecommunications service; to define certain terms; to change certain penalty provisions; to provide for restitution; to authorize certain civil actions; to provide for certain civil relief and attorney's fees for an aggrieved party; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, is amended by striking in its entirety Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service, and inserting in lieu thereof a new Code Section 46-5-2 to read as follows:
"46-5-2.
(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telephone telecommunication ser vice as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telephone telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, any Any person who violates this Code section shall beguilty of a misdemeanor; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both.
(2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or EotE

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JOURNAL OF THE SENATE

(3) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the ofl'enseT
(4) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, Including preliminary and other equitable or declaratory relief, compensatory and pu nitive damages, reasonable investigation expenses, cost of suit, and reasonable attor ney's fees."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for con cealing origin or destination of any telecommunication, and inserting in lieu thereof a new Code Section 46-5-3 to read as follows:
"46-5-3.
(a) As used in this Code section the term:
(1) 'Telecommunication service' means any service provided for a charge or compensa tion to facilitate the origination, transmission, emission, or reception of signs, signals, 5ata, writings, images, sounds, or intelligence of any nature by telephone or telephone service or cable television service (CATV), including cellular or other wireless tele phones, wire, radio, electromagnetic, photoelectronic, or photo-optical systemT
(2) Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including a cellular, paging, or other wire less communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.
(3) "Unlawful telecommunication device' means any telecommunications device that is capable, or has been illegally altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identifi cation number, personal identification number, or any telecommunication service with out the consent of the telecommunication service provider or without the consent of the legally authorized user of the telecommunication device. The term includes telecom munications devices altered to obtain service without the consent of the telecommuni cation service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service pro vider, and other instruments capable of disguising their identity or location or of gain ing access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by a law enforcement agency or telecommunication service provider in the normal course of its activities.
(aftb) It shall be unlawful for any person knowingly to:
(1) Make or possess any unlawful telecommunication appaidtus, equipment, or elec tronic device designed, adapted, or used:
(A) For commission of a theft of telecommunication service in violation of Code Sec tion 46-5-2 or to acquire or facilitate the acquisition of telecommunications service without the consent of the telecommunication service provider; or
(B) To conceal, or to assist another to conceal, from any supplier of telecommunica tion service or from any lawful authority the existence or place of origin or of desti nation of any telecommunication;
(2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication apparatus, equipment, ur device, Uesciibed in para graph (1) of this Code secliuu,~or plans or instructions for making or assembling the

FRIDAY, MARCH 15, 1996

1835

same, under circumstances evincing an intent to use or employ such unlawful telecom munication appaiatub, equipment, ur device; or to allow such unlawful telecommunica tion apparatus, equipment, ui device to be used or employed for a purpose described in paragraph (1) of this Cude bee Lion subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication appa ratus, equipment, or device; or
(3) Publish plans or instructions for making or assembling or using any unlawful tele communication appaialns, equipment, 01 device described in paragraph (1) of this
LvOCrc &CtiGil.
(faXc)d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprison ment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under~tnis Code section, the defendant shall be punished by a fine of not more than $5,000.00 or impris oned for not less than three nor more than ten years, or botlT
(2) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the ott'enseT
(3) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and pu nitive damages, reasonable investigation expenses, cost of suit, and reasonable attor ney's fees?'

SECTION 3.

Said article is further amended by striking in its entirety Code Section 46-5-4, relating to the seizure and disposal of devices, equipment, or any plan or instrument used for commit ting theft of telecommunications service, and inserting in lieu thereof a new Code Section 46-5-4 to read as follows:
"46-5-4.
Any unlawful telecommunication device as defined in subsection (a) of Code Section 46-53 or other instrument, apparatus, equipment, or device, or any plan or instruction there for, referred to in Code Section 46-5-3 may be seized by court order, or under a search warrant issued by a judge or a magistrate, or incident to a lawful arrest. Upon the convic tion of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telecommunication service provider in whose territory such instrument, apparatus, equipment, device, plan, or instruction was seized."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 597.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Brown of 26th Burton

Cheeks Clay Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Griffin Guhl

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JOURNAL OF THE SENATE

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

Land Langford Madden McGuire Middleton Newbill Oliver Pollard

Ralston Scott Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch (excused) Bowen (excused) Broun of 46th Cagle (excused) Egan

Hooks (excused conferee) Marable Perdue Ragan Ray (excused conferee)

Slotin Starr Tanksley Walker (excused conferee)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 597.
The following bill was taken up to consider the Conference Committee report thereto:

HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:

A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make puchases through the Department of Administrative Services, so as to provide that emerency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.

The Conference Committee report was as follows:

The Committee of Conference on HB 288 recommends that both the Senate and House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 288 be adopted.

Respectfully submitted,

FOR THE SENATE:
Isi Nadine Thomas Senator, 10th District
/s/ Jack Hill Senator, 4th District
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Michael Snow Representative, 2nd District
/s/ Ann R. Purcell Representative, 147th District
/s/ Tim Perry Representative, llth District

Committee of Conference substitute to HB 288:

A BILL
To be entitled an Act 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 rela tive to state purchasing, so as to provide for purchases during a declared state of emer gency; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1996

1837

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relat ing to the general authority, duties, and procedure relative to state purchasing, is amended by striking in its entirety Code Section 50-5-71, relating to authorization for emergency purchases, and inserting in lieu thereof the following:
"50-5-71.

In case of any emergency arising from any unforeseen causes, including delay by contrac tors, delay in transportation, breakdown in machinery, or unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other department, institution, or agency of state govern ment to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any department, institution, or agency of the state government. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate adopt the Conference Committee report on HB 288.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Brown of 26th Burton 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

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

Those not voting were Senators:

Blitch (excused) Bowen (excused) Broun of 46th Cagle (excused)

Hooks (excused conferee) Marable Oliver Ray (excused conferee)

Slotin Tanksley Walker (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 288.

1838

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 within the same county to form and participate in regional jail authorities; to provide for defini tions; 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 within the same county as the regional jail authority 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

FRIDAY, MARCH 15, 1996

1839

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 committee~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 within the same county 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 within the same county may jointly form an authority, to be known as the municipal regional jail author ity" for such municipalities. Municipalities located in more than one county may partici pate in municipal regional jail authorities in each county in which the municipality is located. 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 cuuulji 01 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. TJne other member from each participating county shall be appointed for a four-year term. Each municipality participating in an authority shall appoint two people to serve on the board of directors, each for a four-year term. For eacH county or municipal regional jail authority 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

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JOURNAL OF THE SENATE

and a treasurer or a secretary-treasurer, either of whom may, but need not to be, a direc tor. The directors shall receive no compensation for their services but shall be reim bursed for actual expenses incurred in the performance 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 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 additional municipalities, if a municipal regional jail authority, may become members of such au thority 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. The sher iffs 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 committee may delegate to one or more of the officers, agents, and employees of the committee such powers and duties as may be deemed necessary and proper.
(b) In the event that the county regional jail authority consists of an even number of counties, the sheriffs 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.
(c) The board of directors of a municipal regional jail authority shall hire or contract with a person, firm, corporation, or local government to manage and operate the regional jail. Such person, firm, corporation, or local government shall have all of the responsibilities provided in this chapter for municipal jails and jailers, including the employment and supervision of all personnel employed to operate the jail."
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 in which the authority is activated and subject to execution of agreements with appropriate polit ical subdivisions affected within other counties or municipalities and to pay all or part of the cost of any such jail or jails from the proceeds of revenue bonds of the authority or

FRIDAY, MARCH 15, 1996

1841

from any Muibinaliuii contribution 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 & 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 county 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:
"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."

1842

JOURNAL OF THE SENATE

SECTION 11.

All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 735.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch (excused) Bowen (excused) Cagle (excused) Clay

Griffin Hooks (excused conferee) Perdue Ralston

Ray (excused conferee) Slotin Walker (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 735.
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 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and others:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to provide for the availa bility of curriculum-based assessment results to students and their parents.
The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

FRIDAY, MARCH 15, 1996

1843

The Speaker has appointed on the part of the House, Representatives Lord of the 121st, Williams of the 114th and Harbin of the 113th.
The Calendar was resumed.
HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd, Snow of the 2nd, Bailey of the 93rd and others:
Senate Sponsor: Senator Harbison of the 15th.
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; to authorize the levy of surcharges on insurance policies and the appropriation of the proceeds of such surcharges or other moneys to the trust fund; to pro vide that the moneys appropriated to such trust fund shall not lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section IX, Paragraph VI of the Constitution is amended by inserting a new subparagraph to be designated subparagraph (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of an emergency management, preparedness, and assistance trust fund. The moneys in such fund shall be used to implement and administer state and local emergency management programs, to provide for state relief assistance for nonfederally declared disasters, for state matching funds required to obtain federal disaster assistance when there is a presi dential disaster declaration, and for grants and loans to state or regional agencies, local governments, and private organizations to implement projects which will further state and local emergency management objectives. The General Assembly is authorized to pro vide by general law for surcharges on insurance policies and to appropriate all of the proceeds of such surcharges and other moneys to the emergency management, prepared ness, and assistance trust fund. Moneys appropriated to the trust fund authorized by this subparagraph shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of appropriated funds. The General Assembly may provide by general law for the administration of such trust fund by such state agency or public au thority as the General Assembly shall determine."
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 creation of an emer( ) NO gency management, preparedness, and assistance trust fund; the levy of
surcharges on insurance policies of $2.00 for homeowners and tenant's poli cies and $4.00 on commercial property policies, and the appropriation of the proceeds of such surcharges or other moneys to the trust fund; and the use of the trust fund for emergency management programs and objectives?"
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."

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JOURNAL OF THE SENATE

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 Langford of the 29th, Dean of the 31st and Land of the 16th offered the fol lowing amendment:
Amend HR 854 by inserting at the end of line 8 on page 1 the following:
"authorize the General Assembly to provide by law for an environmental trust fund to re ceive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly shall provide that certain fines and penalties shall be paid into such fund; to".
By striking on line 16 on page 1 the following: "(k)".,

and inserting in lieu thereof the following:

"(k) (1)".

By striking the quotation marks at the end of line 2 on page 2 and inserting immediately following such line the following:

"(2) The General Assembly is authorized to provide by general law for an environmental trust fund for the purpose of administering funds to correct damages caused by environ mental violations. The General Assembly shall provide that assessments for environ mental violations 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."
By striking line 19 on page 2 and inserting in lieu thereof the following:

"objectives, and to authorize the General Assembly to establish an environmental trust fund and to direct that certain fines and penalties be paid into such fund?'".

On the adoption of the amendment, the yeas were 34, nays 1, 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 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 Boshears Broun of 46th Dean Farrow

Gillis Griffin Harbison Hill Land

Langford Middleton Oliver Stokes Thomas

Those voting in the negative were Senators:

Balfour
Brown of 26th Burton Cheeks Clay
Crotts Day Edge Egan
Glanton
Guhl

Henson
James Johnson of 2nd Johnson of 1st Kemp
Lamutt Madden Marable McGuire
Newbill
Perdue

Pollard
Ragan Ralston Scott Starr
Tanksley Taylor Thompson Turner
Tysinger

FRIDAY, MARCH 15, 1996

1845

Those not voting were Senators:

Blitch Bowen (excused) Cagle (excused)

Gochenour Hooks (excused conferee) Ray (excused conferee)

Slotin Walker (excused conferee)

On the adoption of the resolution, the yeas were 16, nays 32.
The resolution, having failed to receive the requisite two-thirds constitutional major ity, lost.

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.
Senate Sponsor: Senator Harbison of the 15th.
Senator Johnson of the 1st moved that HB 1440 be placed on the Table.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1440 was placed on the Table.

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 statues, 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.
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 Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Griffin Guhl Henson Hill Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Black Bowen (excused)

Egan Gochenour

Harbison Hooks (excused conferee)

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JOURNAL OF THE SENATE

James Johnson of 2nd

Ray (excused conferee) Slotin

Tanksley Walker (excused conferee)

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.
Senator Edge of the 28th moved that the Senate adhere to its substitute to HB 1218 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0, and the President appointed as a Committee of Conference on the part of the Senate the following:
Senators Land of the 16th, Edge of the 28th and Clay of the 37th.
The following bill was taken up to consider House action thereto:

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.
The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1647 by striking lines 24-27 on page 1.
Senator Gillis of the 20th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1647.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to the Senate substitute to HB 1647.
The Calendar was resumed.

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.
Senate Sponsor: Senator Madden of the 47th.

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

Those voting in the affirmative were Senators:

Balfour Black
Blitch Boshears Broun of 46th

Brown of 26th Burton
Cagle Cheeks Clay

Crotts Day
Dean Edge Farrow

FRIDAY, MARCH 15, 1996

1847

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Those not voting were Senators:

Abernathy Bowen (excused) Egan

Hooks (excused conferee) Langford Ray (excused conferee)

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

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 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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to 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; to amend Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to the procedure for local authorization of sales by the drink, so as to change the time limitation on holding subsequent referendum elec tions; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in Code Section 3-3-7, relating to authorization and regulation of Sunday sales, by striking subsection (m) of said Code section and inserting in its place a new subsection (m) to read as follows:
"(m) In all municipalities or counties or in any portion of any municipality or county in which the sale of alcoholic beverages is lawful, the governing authority of the municipality or county may authorize the sale of alcoholic beverages for consumption on the prem ises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for con sumption on the premises. Said authorization may be revoked by such governmental au thority in the same manner."

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JOURNAL OF THE SENATE

SECTION 1A.

Said title is further amended by adding after Code Section 3-7-1 a new Code Section 3-7-2 to read as follows:
"3-7-2.

Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell distilled spirits by the drink at any time on Sundays."

SECTION 2.

Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to the procedure for local authorization of sales by the drink, is amended by striking subparagraph (b) (1) (C) and inserting in its place a new subparagraph (C) to read as follows:
"(C) Following the expiration of two yuan, one year after any election is held which re sults in the disapproval of sales as provided in this article, another election on this ques tion shall be held if the governing authority, as provided in subparagraph (A) of this paragraph, forwards a resolution to the election superintendent calling for such a referendum."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 585.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Broun of 46th Brown of 26th Clay Crotts Edge Egan Farrow Griffin

Harbison Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Middleton Newbill

Oliver Perdue Ralston Scott Tanksley Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch Boshears Burton Cagle Day

Glanton Gochenour Guhl Hill

McGuire Pollard Ragan Starr

Those not voting were Senators:

Bowen (excused) Cheeks Dean (excused conferee) Gillis Henson

Hooks (excused conferee) James Marable (excused conferee)

Ray (excused conferee) Slotin Stokes Walker (excused conferee)

On the motion, the yeas were 31, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 585.

FRIDAY, MARCH 15, 1996

1849

The Calendar was resumed.

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.
Senate Sponsor: Senator Ralston of the 51st.

The Senate Judiciary Committee offered the following amendment:
Amend HB 1014 by striking lines 12 through 14 of page 4 and inserting in lieu thereof the following:
"as established by regulations of the Safety Fire Commissioner and any additional re quirements for storage".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th 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 Kemp Lamutt Land Madden

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

Those not voting were Senators:

Abernathy Bowen (excused) Harbison Hooks (excused conferee)

Langford Perdue (excused conferee) Ragan Ray (excused conferee)

Slotin Thompson Walker (excused conferee)

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

HB 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.
Senate Sponsor: Senator Edge of the 28th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Griffin
Guhl Henson Hill
James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden McGuire

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

Those not voting were Senators:

Black Bowen (excused)
Gochenour Harbison

Hooks (excused conferee) Langford
Marable (excused conferee) Perdue (excused conferee)

Ray (excused conferee) Slotin Walker (excused conferee)

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

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.
Senate Sponsor: Senator Land of the 16th.
Senator Black of the 53rd offered the following amendment:
Amend HB 1234 by adding after the word and symbol "executed;" on line 7 of page 1 the following:
"to require wills and codicils to be read in the presence of the testator and witnesses;".
By adding after the word "testament" on line 10 of page 2 the following:
", that the instrument has been read in the presence of the testator and witnesses,".
By adding following the word "mind" on line 23 of page 2 the following:
"and was signing such instrument without any undue influence and was not under any coercion".

FRIDAY, MARCH 15, 1996

1851

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. By inserting between lines 38 and 39 of page 2 the following:

"SECTION 2.

Said chapter is further amended by striking Code Section 53-2-40, relating to requirements of a will as to a writing, signing of a will, and attestation of a will, and inserting in lieu thereof a new Code Section 53-2-40 to read as follows:
'53-2-40.
Except for nuncupative wills, all wills disposing of realty or personalty shall be in writ ing, shjinijej'eaxHnth_ej)rjsSjjne_oftJ^^ shall be signed by the person making the will or by some other person in the testator's presence and by his or her express direction. A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses.'".
By adding after "testament" on line 29 of page 3 the following:
", that such instrument had been read in the presence of the testator and witnesses,".
By adding following the word "mind" on line 42 of page 3 the following:
"and was signing such will without any undue influence and was not under any coercion.
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 Cagle Day Gochenour

Hill Langford Scott

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Edge Egan Farrow Gillis Glanton

Griffin Guhl Harbison Henson Johnson of 1st Lamutt Land Madden Marable McGuire Newbill

Oliver Pollard Ragan Ralston Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Bowen (excused) Dean (excused conferee) Hooks (excused conferee) James

Johnson of 2nd Kemp Middleton Perdue (excused conferee)

Ray (excused conferee) Slotin Starr Turner

On the adoption of the amendment, the yeas were 11, nays 33, and the Black amend ment to HB 1234 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

Broun of 46th Brown of 26th

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

Guhl Harbison Henson
Hill Kemp Lamutt Land
Langford Madden Marable McGuire Newbill

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

Those not voting were Senators:

Abernathy Bowen (excused) Egan Hooks (excused conferee) James

Johnson of 2nd Johnson of 1st Middleton Perdue (excused conferee)

Ralston Ray (excused conferee) Slotin Starr

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to provide for four-

FRIDAY, MARCH 15, 1996

1853

month registration by local Act; to change certain licensing and registration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

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

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 House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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.
The Calendar was resumed.

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.
Senate Sponsor: Senator Kemp of the 3rd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Brown of 26th Burton Cheeks Clay Crotts Day Egan Farrow

Gillis Gochenour Griffin Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston

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JOURNAL OF THE SENATE

Scott Starr Stokes

Tanksley Taylor Thomas

Turner Walker

Voting in the negative were Senators Cagle and Thompson.

Those not voting were Senators:

Abernathy Black Bowen (excused) Broun of 46th Dean (excused conferee)

Edge Glanton Guhl Hooks (excused conferee)

Perdue (excused conferee) Ray (excused conferee) Slotin Tysinger

On the adoption of the resolution, the yeas were 41, nays 2. The resolution, having received the requisite constitutional majority, was adopted. The following resolution was taken up to consider House action thereto:

HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A. Cone.
Senator Madden of the 47th moved that the Senate insist on its amendment to HR 876. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendment to HR 876. The Calendar was resumed.

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.
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:

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

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

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Stokes Tanksley Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Brown of 26th
James

Johnson of 2nd Scott

Thomas Walker

FRIDAY, MARCH 15, 1996

1855

Those not voting were Senators:

Bowen (excused) Dean (excused conferee) Edge Guhl

Hooks (excused conferee) Perdue (excused conferee) Ray (excused conferee)

Slotin Starr Taylor

On the passage of the bill, the yeas were 39, nays 7. The bill, having received the requisite constitutional majority, was passed.

HB 273. By Representative Childers of the 13th:

A bill to amend Code Section 43-10A-17 of the Official Code of Georgia Annotat ed, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examinations of licensees in aid of enforcement proceedings under certain circumstances.
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 Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Black Bowen (excused) Dean (excused conferee) Edge

Hooks (excused conferee) Madden (excused conferee) Oliver

Slotin Starr Tysinger

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution was taken up to consider House action thereto:

HR 884. By Representative Davis of the 60th: A resolution compensating Ms. Margaret C. Ritchie.

Senator Madden of the 47th moved that the Senate insist on its amendment to HR 884.

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JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its amendment to HR 884.
The Calendar was resumed.
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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Judiciary Committee offered the following substitute to HB 1256:
A BILL
To be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to change the definition of "speed detection device"; to change certain provisions relating to certification to use speed detection devices; to provide for notice of certain suspensions or revocations; to pro vide for the suspension or revocation of certain permits of certain employing agencies; to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the definition of "speed detection device"; to change certain provisions related to permit requirements; to change certain provisions re lated to permit applications; to change certain provisions regarding testing of radar de vices; to change certain provisions relating to warning signed required; to change certain provisions relating to unlawful use of devices; to change certain provisions relating to in vestigations by the commissioner of public safety; to provide for notice of certain suspen sions or revocations; to provide for the suspension or revocation of certain permits of certain employing agencies; to change certain provisions relating to administrative hear ings upon permit suspension or revocation; to change certain provisions relating to appeal of permit suspension or revocation; to change certain provisions relating to petition for reconsideration following permit suspension or revocation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking paragraph (11) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof the following:
"(11) 'Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name 'radar,' or any similar device, including but not limited to laser, operating under the same or similar principle, which device is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the Doppler principle of radar or speed timing principle of laser."
SECTION 2.
Said chapter is further amended by striking Code Section 35-8-12, relating to certification to use speed detection devices, and inserting in lieu thereof the following:
"35-8-12.
(a) Persons employed or appointed by any agency, organ, or department of this state or a subdivision or municipality thereof authorized to use speed detection devices shall be required to be certified by the council as qualified speed detection device operators. Each

FRIDAY, MARCH 15, 1996

1857

person operating radar speed or laser detection devices shall satisfactorily complete a course of instruction in the theory and application of speed detection device operation as a condition for certification. The council shall establish and modify the curriculum for the course of instruction, including a minimum number of hours. Persons authorized and qualified to conduct the course of instruction required by this Code section shall be certi fied by the council as speed detection device operator instructors upon complying with requirements prescribed by the council. The council shall have the authority to recognize instruction received by persons subject to the requirements of this Code section if, in the determination of the council, the instruction is at least equivalent to that required by this chapter. If the instruction is recognized, then it shall be accepted in lieu of part or parts of the minimum hours of instruction required for speed detection device certifica tion by this chapter. Should any person fail to complete successfully the training require ments for operation of speed detection devices, he or she shall not perform any functions related to the use of the devices until such training shall have been successfully com pleted and until such time as the council shall issue appropriate certification. All persons certified to use speed detection devices shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their speed detection device operators' certifications to remain in force and effect. The council is authorized to withdraw or suspend the certification of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal or suspension of peace officer certification to operate radar or laser speed detection devices.
(b) Upon the withdrawal or suspension of any certificate to operate speed detection de vices for the reasons set forth in this Code section, the executive director of the council shall notity the commissioner. The notification shall contain the officer's name and em ploying law enforcement agency?
(c) Upon receipt from the commissioner that a speed detection device permit has been suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or suspend the certification to operate speed detection devices for every certified operator employed by the agency whose permit has been suspended or revoked. The period of withdrawal or suspension shall be consistent with the action taken by the department."
SECTION 3.
Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, is amended by striking paragraph (4) of Code Section 40-14-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Speed detection device' means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety."
SECTION 4.
Said chapter is further amended by striking Code Section 40-14-2, relating to permit re quirements, and inserting in lieu thereof the following:
"40-14-2.
(a) The law enforcement officers of the various counties, municipalities, colleges, and uni versities may use speed detection devices only if the governing authorities of such coun ties and municipalities or the president of such college of university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter.

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(b) No county, municipality, college, or university shall be authorized to use speed detec tion devices where any arresting officer or official of the court having jurisdiction of traf fic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.
(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs full-time or part-time, certified peace officers."
SECTION 5.
Said chapter is further amended by striking Code Section 40-14-3, relating to application for permit, and inserting in lieu thereof the following:
"40-14-3.
(a) The governing authority of any county or municipality and the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, munici palities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation.
(b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such per mits and to prescribe the required information to be submitted by the applicants. The Department of Public Safety may deny the application or suspend the speed detection device permit for failure to provide information or documentation at the department's request!"
SECTION 6.
Said chapter is further amended by striking subsection (b) of Code Section 40-14-5, relating to testing of radar devices, and inserting in its place a new subsection (b) to read as follows:
"(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4."
SECTION 7.
Said chapter is further amended by striking Code Section 40-14-6, relating to the require ment for warning signs, and inserting in its place a new Code Section 40-14-6 to read as follows:
"40-14-6.
(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this Code hucliuii subsection.

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(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the munici pality, the county boundary or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection."
SECTION 8.
Said chapter is further amended by striking Code Section 40-14-10, relating to unlawful use of devices, and inserting in lieu thereof a new Code Section 40-14-10 to read as follows:
"40-14-10.
It shall be unlawful for radar speed detection devices to be used in any county or munici pality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such ladai speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such radar speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor."
SECTION 9.
Said chapter is further amended by striking Code Section 40-14-11, relating to investiga tions by the commissioner of public safety, and inserting in lieu thereof a new Code Section 40-14-11 to read as follows:
"40-14-11.
(a) Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing radar speed detection devices for pur poses other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device permit, the commis sioner or his the commissioner's designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or univer sity with respect to radar speed detection devices. If, as a result of this investigation, the commissioner or his the commissioner's designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
(b) Upon the suspension or revocation of any speed detection device permit for the rea sons set forth in this Code section, the commissioner of public safety shall notify the executive director of the Georgia Peace Officer Standards and Training Council of the action taken.
(c) Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of public safety or the commissioner's designee shall suspend the speed detection device permit tor the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council."

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SECTION 10.
Said chapter is further amended by striking Code Section 40-14-12, relating to administra tive hearing upon permit suspension or revocation, and inserting in lieu thereof a new Code Section 40-14-12 to read as follows:
"40-14-12.
Upon issuance by the commissioner of public safety of an order suspending or revoking the radar speed detection device permit of any county, municipality, college, or univer sity, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and following the hear ing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated."
SECTION 11.
Said chapter is further amended by striking Code Section 40-14-13, relating to appeal of permit suspension or revocation, and inserting in lieu thereof the following:
"40-14-13.
Any county, municipality, college, or university aggrieved by a decision of the commis sioner or deputy commissioner of public safety suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or univer sity affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be de nied the use of the tadai speed detection device until after such appeal is decided by the court."
SECTION 12.
Said chapter is further amended by striking Code Section 40-14-14, relating to petition for reconsideration following permit suspension or revocation, and inserting in lieu thereof the following:
"40-14-14.
At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner, petition the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use radar speed detection devices within their respective jurisdictions."
SECTION 13.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14.
All laws and parts of laws in conflict with this Act are repealed.
Senators Ray of the 19th and Bowen of the 13th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1256 by striking lines 8, 9, and 10 of page 1 and inserting in their place the following:

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"employing agencies; to amend Title 40 of the Official Code of Georgia Annotated, relat ing to motor vehicles and traffic, so as to provide for the offenses of homicide by interfer ence 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; to provide for penalties; to change the definition of a little".
By inserting between lines 29 and 30 of page 3 the following:
"SECTION 2A.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section immediately following Code Section 40-6-395, to be designated Code Section 4-6-396 to read as follows:
"40-6-396.
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-26 commits the offense of homicide by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.
(b) Any person who, without malice aforethought, causes bodily harm to another by de priving such other person of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of subsection (a) of Code Section 40-6-26 commits the offense of serious injury by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.'"
By striking lines 31, 32, and 33 of page 3 and inserting in their place the following:
"Said title is further amended by striking paragraph (4) of Code Section".
By striking "chapter" and inserting in its place "title" on lines 4 and 27 of page 4, lines 10 and 31 of page 5, lines 22 and 40 of page 6, line 36 of page 7, and lines 12 and 34 of page 8.
On the adoption of the amendment, the yeas were 35, nays 0, and the Ray and Bowen amendment to the committee substitute was adopted.
Senators Marable of the 52nd and Dean of the 31st offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1256 by striking from lines 8 through 10 on page 1 the following:
"Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to radar speed detection devices, so as",
and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a special license plate honoring and supporting the Shriner hospitals 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;"
By striking in their entirety lines 31 through 33 on page 3 and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Article 2 of Chapter 2, relating to the registration and licensing of vehicles generally, the following: '40-2-50.
(a) Because the Shrine hospitals for handicapped children have done immeasurable good for the children of this state, it is meet and proper that there shall be issued beginning in

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1997 special license plates to honor and support the Shriner hospitals for handicapped children.
(b) The commissioner shall prepare special distinctive license plates of a design appropri ate to honor and support the Shriner hospitals for handicapped children. Such Shriner hospital 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 whose total charac ters do not exceed the sum of seven, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on the license plates issued under this Code section.
(c) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the pay ment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate.
(d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Shriner logo or other acceptable design or as may otherwise be neces sary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Shriner or ganization or its licensor allowing the state to be the beneficiary of and to receive such portion of the tag fee as exceeds the actual cost of manufacturing and issuing the tags or $10.00 per tag, whichever is less. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Shriner logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commis sioner may take steps necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design, except as authorized by the commissioner.'
SECTION 3A.
Said title is further amended by striking paragraph (4) of Code Section".
By striking from lines 4 and 27 on page 4, lines 10 and 31 on page 5, lines 22 and 40 on page 6, line 36 on page 7, and lines 12 and 34 on page 8 the word "chapter" and inserting in lieu thereof the word "title".
On the adoption of the amendment, the yeas were 36, nays 1, and the Marable and Dean amendment to the committee substitute was adopted.
Senator Clay of the 37th offered the following amendment:
Amend the committee substitute to HB 1256 by adding on page 9 a new Section 13 to read as follows:
To amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, 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 his toric sites.

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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:
"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,

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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.
(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 Act are repealed.
On the adoption of the amendment, the yeas were 30, nays 0, and the Clay amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour Black 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
Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill
Oliver Perdue

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Pollard Ragan Ralston Ray Scott

Starr Stokes Tanksley Taylor Thomas

Voting in the negative was Senator Harbison.

Those not voting were Senators:

Blitch Boshears

Bowen (excused) Hooks (excused conferee)

Thompson Turner Tysinger Walker
Slotin

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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.

Senator Taylor of the 12th moved that the Senate adhere to its substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Perdue of the 18th, Pollard of the 24th and Taylor of the 12th.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:
The Committee of Conference on SB 500 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 500 be adopted.

FOR THE SENATE:
/&/ Steve E. Langford Senator, 29th District
/s/ Richard O. Marable Senator, 52nd District
/s/ Nathan Dean Senator, 31st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ L. Charles Watts Representative, 26th District
/s/ Robert Hanner Representative, 159th District
/s/ DuBose Porter Representative, 143rd District

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Committee of Conference 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 surface-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 no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met; to provide exceptions; 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 surface-water use, is amended by striking in its entirety Code Section 12-5-23.2, relating to the prohibited discharge of certain waste water, which reads as follows:
"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, 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.",
and inserting in lieu thereof the following: "12-5-23.2.
(a) 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 Na tional 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 such person's water pollution control plants which contains more than 0.75 milligrams of phosphorus 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.
(b) Notwithstanding the provisions of subsection (a) 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 as such order appeared on the date this subsection became effective. Except as provided in subsection (c) of this Code section, compliance with the discharge limitation provided by this Code section shall not be extended beyond July 4, 1996, and the order shall re quire that person to make his or her best efforts to achieve compliance with the discharge limitation by December 31, 1993.

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(c)(l) Notwithstanding the provisions of subsection (b) of this Code section, any person who entered into a consent order as provided in subsection (b) of this Code section but fails to complete the required phosphorus reduction improvements by July 4, 1996, shall not later than such date submit to the division a schedule stipulating annual construction milestones for the completion of all improvements required to achieve a discharge level of 0.64 milligrams of phosphorus per liter of water at each of such per son's individual waste-water plants by not later than January 1, 2001; provided, how ever, that such person shall not discharge waste water from such person's water pollution control plants after February 1,1997, which exceeds 0.64 milligrams of phos phorus per liter of water.
(2) If the director approves the schedule submitted pursuant to paragraph (1) of this subsection, such person shall be bound by that schedule. If the director does not ap prove said schedule by August 1, 1996, the director shall not later than September 1, 1996, establish an alternative schedule with a final completion date not later than January 1, 2001, and such person shall be bound by the alternative schedule.
(3) Any monetary penalties stipulated in any consent order regarding phosphorus ef fluent limitations executed by the director and another person prior to the date this subsection became effective shall be the only monetary penalties required to be paid by such person as long as such person is in compliance with the construction milestones in the schedule approved or established by the director in paragraph (2) of this subsec tion; provided, however, that if such order is declared invalid by the courts, then the penalties for noncompliance with subsections (a) or (b) of this Code section shall be as provided for in Code Sections 12-5-51 through 12-5-53.
(4) If such person fails to meet a construction milestone, he or she shall pay a penalty in the amount of $25,000.00 per day until that construction milestone is met. If a par ticular construction milestone is not met for six months after the date specified, the penalty shall be increased to $100,000.00 per day until that construction milestone has been met. Failure to meet a construction milestone shall not affect the date of any succeeding construction milestones.
(5) If the person fails to complete all required construction by January 1, 2001, he or she shall pay a civil penalty in the amount of $100,000.00 per day until construction is completed. After construction is completed, the suspension of the liabilities and penal ties provided for in Code Sections 12-5-51 through 12-5-53 for noncompliance with the provisions of subsection (a) of this Code section shall be ended.
(6) If in any month after July 1, 1996, and before December 31, 1998, a person dis charges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person dis charges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individ ual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not permit any addi tional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsection and shall not be suspended or terminated."
SECTION 2.
Said article is further amended by inserting at the end of Code Section 12-5-29, relating to sewerage and waste disposal and related matters, the following:
"(d)(l) The director shall not authorize any new water pollution control discharge permit which if granted would permit water drawn from one river basin to be deposited into

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another river basin in the discharge of sewerage, industrial waste, treated waste water, or other wastes unless for both the basin of origin and receiving river basin unless:
(A) The director has assessed all waters in order to identify those waters for which applicable effluent limitations are not sufficiently stringent to allow such waters to meet applicable water quality standards and has established total limitation for the pollutants which cause the waters to fail to achieve such water quality standards;
(B) The director has established water quality standards for the nearest downstream lake as provided in Code Section 12-5-23.1; and
(C) All applicable provisions of this article and all rules and regulations promulgated pursuant to this article are met.
(2) All new permits issued after January 1, 2001, discharging in excess of 3 million gal lons per day, shall be required to meet a minimum standard of 0.30 milligrams of phos phorus per liter of waste water.
(3) The provisions of this subsection shall not apply to the reissuance of existing permits, permits for the expansion of existing facilities, permits for the withdrawal of water for agricultural use, or permits for mining activities which use water for the transportation of materials.
(e) If any treatment plant is not in compliance with permit requirements at any time between July 1, 1996, and July 1, 1997, the division shall be authorized to decrease the permitted capacity of such treatment plant in an amount up to 10 percent of the permit ted capacity and may issue a new permit based upon such amount of decrease."
SECTION 3.
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 mini mum, 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:
(iXA) Any person who submitted a plan pursuant to subsection (b) of this Code section priorto 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
(2KB) 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:
(AXi) 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;
(BMii) The CSO owners shall prepare approvable plans and specifications by October 1, "IS92, 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
teXiii) The construction shall be substantially complete and operations to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995.
(2) Any pbisun The owner of any combined sewer overflow system which discharges into the Chattahoochee Kiver or its tributaries who fafls tailed to implement an ap proved plan by the dalea provided in this subsection December 31, 1995, shall, after
Llic ci^/^jlu^aljlQ utt ciiiu uiiLil &udi pl~&0i~.t iiii^lcillciitiJ till fLp^l'OVcCl ^jlaii,DC SUOjcv^L Lv
in lieu of the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and tHrough 12-5-53, pay a civil penalty in the amount of $10,000.00 per day until the

FRIDAY, MARCH 15, 1996

1869

construction is completed but not later than October 1, 1997, after which date the pen alty shall be increased to $100,000.00 per day until construction is completed; pro vided, however, that if such person owns or operates two separate combined sewer overflow systems, he or she shall pay a separate penalty on the second such system in the amount of $10,000.00 per day until construction is completed, but not later than July 1,1998, after which date the penalty shall be increased to $100,000.00 per day for such system. On and after the dates the penalties for each such system increase to $100,000.00 per day, the owner or operator shall be subject to the liabilities and penal ises provided in Code Sections 12-5-51 through 12-5-53 with regard to the respective system.
(3) In addition to the penalties provided in paragraph (2) of this subsection, the owner or operator of a combined sewer overflow system shall not permit any additional sewer connections to such system until construction has been completed."

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 Act are repealed.
Senator Langford of the 29th moved that the Senate adopt the Conference Committee report on SB 500.
Senator Dean of the 31st moved the previous question.
On the motion by Senator Dean of the 31st, the yeas were 30, nays 8; the motion pre vailed, and the previous question was ordered.
On the motion by Senator Langford of the 29th to adopt the Conference Committee report on SB 500, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 26th Clay Crotts Dean Edge Farrow Gillis Glanton Griffin Harbison

Hill Hooks Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Perdue Pollard Ragan Ralston Ray Scott Starr Tanksley Thomas Thompson Turner

Those voting in the negative were Senators:

Black Boshears Burton Cagle Cheeks Day

Egan Gochenour Guhl Henson James Johnson of 2nd

Johnson of 1st Oliver Slotin Taylor Tysinger Walker

Those not voting were Senators:

Abernathy Balfour

Blitch Bowen (excused)

Stokes

On the motion, the yeas were 33, nays 18; the motion prevailed, and the Senate adopted the Conference Committee report on SB 500.

1870

JOURNAL OF THE SENATE

The Calendar was resumed.

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.
Senate Sponsor: Senator Clay of the 37th.

Senator Oliver of the 42nd offered the following amendment:
Amend HB 339 by inserting in line 27 of page 1, immediately following the word "court" the following:
"; provided, however, that the court shall not order payment of the guardian ad litem by the Department of Human Resources''!
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Broun of 46th Brown of 26th Burton Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hooks James Johnson of 2nd 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:

Abernathy Boshears Bowen (excused)

Cagle Clay Hill

Johnson of 1st Scott

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 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:

FRIDAY, MARCH 15, 1996

1871

SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to pro vide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respon dent to a term of confinement in a diversion center and participation in a diver sion program operated by the Department of Corrections, a sheriff, or a county.
The Calendar was resumed.

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.
Senate Sponsor: Senator Tanksley of the 32nd.

Senator Tanksley of the 32nd offered the following amendment:
Amend HB 1467 by changing "1997" on line 9 of page 2 to "1998".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black
Broun of 46th
Brown of 26th Burton Cagle Clay
Day Dean Edge
Farrow Glanton Gochenour Griffin
Guhl
Harbison

Henson
Hill
Hooks James Johnson of 2nd Kemp
Lamutt Land Madden
Marable McGuire Middleton Newbill
Oliver
Perdue

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

Those voting in the negative were Senators:

Balfour

Johnson of 1st

Tysinger

Those not voting were Senators:

Abernathy Blitch Boshears

Bowen (excused) Cheeks Crotts

Egan Gillis Langford

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Griffin of the 25th.

Senator Clay of the 37th offered the following amendment: Amend HB 1268 as follows:
On page 2 after line 19 add a new Section 2 to read: 30-4-2

b(2) Any person granted rights in b(l) shall have the option of using a service capuchin monkey in lieu of a service dog provided that such service capuchin monkey be identified as having been trained by a school for service capuchin monkeys.
and renumber Section 2 as Section 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, 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
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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen (excused)

Harbison Langford

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 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.
Senate Sponsor: Senator Land of the 16th.

FRIDAY, MARCH 15, 1996

1873

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Bowen (excused)

Hooks Ragan

Starr Taylor

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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.
The House insists on its position in disagreeing to the Senate amendments and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following resolutions of the House:

HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A Cone.
The Speaker has appointed on the part of the House, Representatives Jenkins of the 110th, Barnes of the 33rd and Davis of the 60th.

1874

JOURNAL OF THE SENATE

HR 884. By Representative Davis of the 60th:
A resolution compensating Ms. Margaret C. Ritchie.
The Speaker has appointed on the part of the House, Representatives Jenkins of the 110th, Barnes of the 33rd and Davis of the 60th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has disagreed to the Senate amendment to the following bill of the House:
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.
The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Watson of the 139th, Porter of the 143rd and Powell of the 23rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrongful receipt of public assistance and ben efits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligi ble for such assistance or benefits.
The House has disagreed to the Senate amendment to the following bill of the House:
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

FRIDAY, MARCH 15, 1996

1875

as to change certain provisions relative to the method of establishment of such districts.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Oliver of the 42nd.
Senators Marable of the 52nd and Pollard of the 24th offered the following amendment:
Amend HB 1654 by striking on line 1 of page 1 the word "To" and inserting in lieu thereof the following:
"To amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide for the offense of obstructing or hindering emergency medical professionals or persons working under the direction of emer gency medical professionals; to clarify certain terms; to provide a definition; to provide pen alties; to".
By inserting immediately following line 32 on page 1 the following:
"SECTION 1
Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, is amended in Article 2 by striking in its entirety Code Section 1610-24.2, relating to obstructing or hindering emergency medical technicians, and inserting in lieu thereof the following:
'16-10-24.2.
(a) As used in this Code section, the term:
(1) "Emergency medical technician" means any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursu ant to Chapter 11 of Title 31.
(2) "Emergency medical professional" means any person performing emergency medi cal services who is licensed or certified to provide health care in accordance with the provisions of Chapter 11, Chapter 26, or Chapter 34 of Title 43.
(b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any emergency medical technician, any

1876

JOURNAL OF THE SENATE

emergency medical professional, or any properly identified person working under the di rection of an emergency medial professional in the lawflil discharge of the emergency medical technician's official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a misdemeanor.

(c) Whoever knowingly and willfully resists; or obstructs, 01 opposes any emergency med ical technician, any emergency medical professional, or any properly identified person
working under the direction of an emergency medical professional in the lawflil dis charge of the emergency medical technician's) official duties of the emergency medical
technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional by olleriiig threatening or doing vio
lence to the person of such emergency medical technician, emergency medical profes sional, or properly identified person working under the direction of an emergency medical professional is guilty of a telony and shall, upon conviction thereof, be punished
by imprisonment for not less than one nor more than five years.'"

By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.

Senator Land of the 16th requested a ruling by the Chair as to the germaneness of the Marable, Pollard amendment.
The President ruled the amendment not germane.

Senator Madden of the 47th offered the following amendment:

Amend HB 1654 by adding on line 5 page 2 after "any person to" insert "illegally" before "manufacture"

On the adoption of the amendment, the yeas were 33, nays 0, and the Madden amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Boshears
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 Bowen (excused) and 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.

FRIDAY, MARCH 15, 1996

1877

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.
Senate Sponsor: Senator Marable of the 52nd.
Senators Ragan of the llth, Newbill of the 56th and others offered the following amendment:
Amend HB 1754 by adding on line 12 on page 1 immediately preceding "to provide an" the following:
"to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for definitions of certain terms; to prohibit the creation, use, or procurement of a false and fraudulent certificate, license, permit, credential, or other document with intent to deceive; to provide that the same is good and sufficient cause for termination, suspension, or nonrenewal of a contract of employment; to provide that the creation, use, or procurement, with intent to deceive, of a false and fraudulent certificate, license, permit, credential, or other document shall be a felony; to provide for criminal penalties; to provide that the Professional Practices Commis sion shall have authority to investigate allegations concerning false and fraudulent certifi cates, licenses, permits, credentials, or other documents; to provide for relaying investigative reports to law enforcement agencies and district attorneys; to provide that the Professional Standards Commission shall maintain records of, and report to appropriate authorities, those persons who have created, used, or procured false and fraudulent certifi cates, licenses, permits, credentials, or other documents with intent to deceive;"
By renumbering Sections 2 and 3 as Sections 6 and 7, respectively, and inserting new Sec tions 2, 3, 4, and 5 to read as follows:
"SECTION 2.
Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by striking 'or' at the end of paragraph (3), by substituting '; or' for the period at the end of paragraph (4), and by adding after para graph (4) of subsection (a) of Code Section 20-2-796, relating to investigations by the Pro fessional Practices Commission, a new paragraph (5) to read as follows:
'(5) Alleged violations by any person of Code Section 20-2-811.'
SECTION 3.
Said article is further amended by adding after subsection (b) of Code Section 20-2-797, relating to recommendations of the Professional Practices Commission, a new subsection (c) to read as follows:
'(c) Upon completion of a commission investigation of an alleged violation by any person of Code Section 20-2-811, the executive director may submit the investigative report to an appropriate law enforcement agency or district attorney for purposes of an independ ent investigation or decision whether to prosecute.'
SECTION 4.
Said article is further amended by striking in its entirety Part 2 and inserting in its place a new Part 2 to read as follows:
'Part 2
20-2-810
As used in this part, the terms "commission," "local board," "local school system," and "local superintendent" shall have the same meanings as provided by Code Section 20-2792

1878

JOURNAL OF THE SENATE

20-2-811.
Whoever, with intent to defraud the state or any local school system, local board, local superintendent, county, town, ui tity or any person, shall falsely and fraudulently make, forge, alter, or counterfeit or cause or procure to be falsely and fraudulently made, forged, altered, or counterfeited or shall willingly aid or assist in falsely and fraudulently mak ing, forging, altering, or counterfeiting any certificate, or license, permit, credential, or other document issued or purportedly issued by any co'unty school superintendent or tlie executive officer of any local school board to a teacher or other professional educator by the Professional Standards Commission or by any other state's certificating or licensing authority shall be guilty of a violation of this part, and such violation shall constitute good and sufficient cause for termination or suspension of an employment contract pur suant to Code Section 20-2-940 or nonrenewal of an employment contract pursuant to Code Section 20-2-942 tjuch violation shall be also a felony and, upon conviction, shall be punished as prescribed by Code Sections 16-9-1 and 16-9-2.'

SECTION 5.

Said article is further amended by adding after subsection (d) of Code Section 20-2-988, relating to the Professional Standards Commission, a new subsection (e) to read as follows:
'(e)(l) The commission shall maintain records of those persons who have been deter mined, pursuant to findings and conclusions issued in accordance with Code Section 202-797 or upon criminal conviction, to have violated Code Section 20-2-811.
(2) In any case provided for by paragraph (1) of this subsection, where the conclusion or conviction is based upon a fraudulent certificate, license, permit, credential, or other doc ument issued or purportedly issued by another state's certificating or licensing authority, the commission shall have authority to notify that other state's certificating or licensing authority of the conclusion or conviction.
(3) The commission shall request the Professional Practices Commission to investigate and make recommendations regarding any application made to the commission for a valid professional certificate by any person regarding whom a record has been main tained by the commission pursuant to paragraph (1) of this subsection.'"
On the adoption of the amendment, the yeas were 33, nays 0, and the Ragan et al. amendment was adopted.
Senator Newbill of the 56th offered the following amendment:
Amend HB 1754 by adding on page 2 line 25 the following: the state board shall be author ized to fund services programs, and initiatives provided for in subsection (a) of this Code section through RESA's either by contract or cooperative agreement.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Cagle Clay Crotts

Edge Egan Farrow Glanton Gochenour Guhl James Johnson of 1st

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Cheeks Dean

Gillis Griffin Harbison Hill

Lamutt Land McGuire Newbill Ralston Tanksley Tysinger
Hooks Kemp Madden Marable

FRIDAY, MARCH 15, 1996

1879

Middleton Oliver Perdue Pollard Ragan

Ray Scott Slotin Starr Stokes

Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Bowen (excused)

Day Henson

Johnson of 2nd Langford

On the adoption of the amendment, the yeas were 23, nays 27, and the Newbill amend ment lost.
Senators Abernathy of the 38th, Cheeks of the 23rd and others offered the following amendment:
Amend HB 1754 by adding after the semicolon on line 12 of page 1 the following:
"to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances;".
By renumbering Sections 2 and 3 as Sections 4 and 5 and inserting new Sections 2 and 3 to read as follows:

"SECTION 2.

Said article is further amended by striking subsection (b) of Code Section 20-2-212, relating to salary schedules, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of adminis tration unless such local unit of administration lias conducted at least one public hearing
icgaliliiig SQCrilici^ifiiiSt, uuLiC^; vl WliiCll licciiiii{^ tile liiCiiluiliL Sl^Lall CdiiSc CO Oc jjuU-
iiiijllcCl 111 tlic legal Oi"jiil Ol tlic Cuuiltv wllidi iS Llic ic^dl SitUS 01 SUCli lOC&l UliiL uuc Lmic
<iL IciiSL bcvci^ ClcLyfa ^ji'njl tu Llit? ilalc^ audl iic^arnl^ IS \AJ be litilu.

SECTION 3.

Said article is further amended by striking Code Section 20-2-220, relating to limitations upon decreases in local salary supplements for school bus drivers and food service manag ers or employees, and inserting in lieu therefore a new Code Section 20-2-220 to read as follows:
'20-2-220.
In any fiscal year in which school bus drivers or full-term school food service managers or food service employees receive any increase in state funds in their salaries, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of admiiiisti atioii has
CuiiClliCLtiCi <lt> ItickSL Olic pUbliC llcctiiil^ i'ti^cti'Qiri^ SUCii ucCi'cfl.Sfej liOtiCfe Ol^WrilCii IlCcti'itl^J
Ihe local unit shall cause to be published in the legal organ of the county which is the
lti^(il SiLlib 01 SUCli 10C&1 Liiiit uiic tiiilci cit ItteiSC SfeVtill Q&yS JJFlOrTO Lliti utlLti bU.Cli licciliii^ iS
tO D6 Ilcilu..
Senator Egan of the 40th requested a ruling by the Chair as to the germaneness of the Abernathy amendment.

1880

JOURNAL OF THE SENATE

The President ruled the amendment not germane.
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 Brown of 26th Burton Cheeks Crotts Dean Edge Egan Farrow Gillis Griffin

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

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

Those voting in the negative were Senators:

Cagle Clay Glanton

Gochenour Johnson of 1st Lamutt

McGuire Newbill Tanksley

Those not voting were Senators:

Bowen (excused) Broun of 46th

Day Henson

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 Cagle of the 49th moved that Senator Day of the 48th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Day was excused. The following bill was taken up to consider House action thereto:

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.
Senator Oliver of the 42nd moved that the Senate insist on its amendment to HB 1420.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1420.
The following bill was taken up to consider House action thereto:

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.

FRIDAY, MARCH 15, 1996

1881

The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for zero assessment of a driver's operating record for violation of the child safety restraint law; to change the provisions relating to maximum lawful speed limits; to change provisions relating to mandatory use of child passenger re straining systems; to eliminate certain exceptions to such mandatory use; to provide for penalties; to change provisions relating to use of safety belts in passenger vehicles; to change provisions relating to penalties for violations; to provide for probable cause for vio lations; to provide that violations of seat belt requirements shall not constitute probable cause for violations of any other Code sections; to provide for effective dates and applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subparagraph (c) (1) (A) of Code Section 40-5-57, relating to suspension of driver's licenses and the point system of operating records, and inserting in its place a new subpar agraph to read as follows:
"(c) (1) (A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Reckless driving ....................................................... 4 points Unlawful passing of a school bus ........................................ 6 points Improper passing on a hill or a curve .................................... 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ...................................................... 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ...................................................... 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ...................................................... 4 points Exceeding the speed limit by 34 miles per hour or more .................... 6 points Disobedience of any traffic-control device or traffic officer ................... 3 points Too fast for conditions .................................................. 0 points Possessing an open container of an alcoholic beverage while driving ......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident........... 2 points Violation of child safety restraint requirements............................ 0 points All other moving traffic violations which are not speed limit violations ...... 3 points"
SECTION 1.1.
Said title is further amended by striking subsection (b) of Code Section 40-6-181, relating to maximum lawful vehicle speed limits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(1.1) Thirty-five miles per hour on an unpaved county road unless designated other wise by appropriate signsT
(2) Sixty-five Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which is are outside of an urbanized area of 50,000 population or more, provided that such speed"limit is desig nated by appropriate signs; and

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JOURNAL OF THE SENATE

(3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
(4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is desig nated by appropriate signs; ari5'
(5) Fifty-five miles per hour in other locations."
SECTION 2.
Said title is further amended by striking Code Section 40-8-76, relating to safety belts and child passenger restraining systems, and inserting in its place a new Code section to read as follows:

(aXi) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
\) Any person violciting pcH'ci^ji'ctpii vi/ 01 Liiis suossc110n sli3.ll DG guilty ot u
(b)(l) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than one operated for hire a taxicab as defined by Code Section 40-9-101 or a public transit vehicle as defined by Code Section 16-5-20, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger re straining system is installed and being used in accordance with the manufacturer's directions for such system. However, if the child is three or four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply when the child's personal needs are being attended to.
(2)(A) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $25.00. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00.
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(c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, W69 1997. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers' Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein.

FRIDAY, MARCH 15, 1996

1883

(d) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of child safety restraint requirements shall not be the basis for cancellation of coverage or increase in insurance rates."
SECTION 3.
Said title is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following:
"40-8-76.1.
(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age.
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.
(c) The requirement of subsection (b) of this Code section shall not apply to:
(DA driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(3) A driver or passenger possessing an official certificate or license endorsement is sued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse;
(5) A passenger vehicle with a model year prior to 1965;
(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;
(8) A passenger vehicle from which a person is delivering newspapers; or
(9) A passenger vehicle performing an emergency service.
(d) Failure to wear a seat safety belt shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, mainte nance, occupancy, or operation of a passenger vehicle.
(e)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a per son failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance and
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comply with the provision!) of this Code setliuii. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-571
(2) A person failing to comply with the requirements of subsection (b) of this Code section who is ali.o charged with violating Code Section 40-0-181, Code Section 40-0180, Code Section 40-0-271, Code Sectiuii 40-0-390, Code Section 40-0-391, Code Sec tion. 40-0-090, Cude Beetiuu 40-0-394, or Ccide Section 40-0-095 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined

1884

JOURNAL OF THE SENATE

not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety.
(f) Probable cause for violation of this Code section shall be based solely upon a law en forcement officer's clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section.
(g) Notwithstanding anything in the law to the contrary, no failure to wear a seat belt shall be admissible in any civil action whatsoever."
SECTION 4.
Section 1.1 of this Act shall become effective July 1, 1996. The remaining provisions of this Act shall become effective January 1, 1997, and shall apply with respect to offenses com mitted on or after that date. The provisions of this Act shall not apply to or affect offenses committed prior to that effective date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate disagree to the House substitute to SB 606.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 606.
The Calendar was resumed.
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.
Senate Sponsor: Senator Middleton of the 50th.
The Senate Education Committee offered the following substitute to HB 1785:
A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to add a provision dealing with the appropriation of funds for any fiscal year begin ning July 1, 1996; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1996

1885

BE IT ENACTED THAT THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to financing under the "Quality Basic Education Act," is amended by adding to the end of Code Section 20-2-160, relating to the determination of funds to be appropriated, a new subsection (f) to read as follows:
"(f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program."
SECTION 2.
(a) The General Assembly finds and determines that certain changes should be made in the program weights allotted to state authorized instructional programs for purposes of the Qualify Basic Education Formula. This section accordingly provides for the assignment of certain program weights which shall apply beginning July 1, 1996. (b) Said part is further amended by striking subsection (b) of Code Section 20-2-161, relat ing to the Quality Basic Education Formula, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ra tios and specific services typically required to address the special needs of students en rolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program ........................................ 1.3280 1.3175 (2) Primary grades program (1-3) ................................. 1.2432 1.2398 (3) Upper elementary grades program (4-5) ........................ 1.0197 1.0074 (4) Middle grades program (6-8) .................................. 1.0242 1.0122 (5) High school general education program (9-12) ......................... 1.0000 (6) High school nonvocational laboratory program (9-12) ............. 1.2420 1.1580 (7) Vocational laboratory program (9-12)........................... 1.3057 L2643 (8) Program for the handicapped: Category I ....................... 2.3419 2.3359 (9) Program for the handicapped: Category II ...................... 2.7204 2.7174 (10) Program for the handicapped: Category III..................... 3.4579 3.4517 (11) Program for the handicapped: Category IV ..................... 5.0838 5.5687 (12) Program for intellectually gifted students: Category V........... 1.0374 1.6366 (13) Remedial education program ................................ 1.2985 1.2884"
SECTION 3.
This Act shall become effective on July 1, 1996.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed. Senators Abernathy of the 38th, Cheeks of the 23rd and others offered the following
amendment: Amend the committee substitute to HB 1785 by adding after the semicolon on line 6 of page 1 the following:

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JOURNAL OF THE SENATE

"to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances;".
By renumbering Sections 3 and 4 as Sections 5 and 6 and inserting new Sections 3 and 4 to read as follows:

"SECTION 3.

Said article is further amended by striking subsection (b) of Code Section 20-2-212, relating to salary schedules, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of adminis tration unless such local unit uf admiiiisliaticm lia!> conducted at least one public hearing
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SECTION 4.

Said article is further amended by striking Code Section 20-2-220, relating to limitations upon decreases in local salary supplements for school bus drivers and food service manag ers or employees, and inserting in lieu thereof a new Code Section 20-2-220 to read as follows:
'20-2-220.

In any fiscal year in which school bus drivers or full-time school food service managers or food service employees receive any increase in state funds in their salaries, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has
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to be held.'"
Senator Abernathy of the 38th asked unanimous consent that the Abernathy, et al. amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Newbill of the 56th offered the following amendment:
Amend the Education Committee substitute to HB 1785 by striking on page 1 line 12 all of Section 1 and renumber accordingly.
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 Boshears Burton Cagle Clay

Egan Glanton Gochenour Guhl Lamutt

McGuire
Newbill Tanksley Tysinger

FRIDAY, MARCH 15, 1996

1887

Those voting in the negative were Senators:

Abernathy Black Blitch Broun of 46th Brown of 26th Cheeks Crotts Dean Edge Farrow Gillis Griffin Harbison

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

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

Those not voting were Senators:

Bowen (excused)

Day (excused)

Land

On the adoption of the amendment, the yeas were 14, nays 39, and the Newbill amend ment to the committee substitute lost.
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 Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Edge Egan Farrow Gillis Griffin

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

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

Those voting in the negative were Senators:

Glanton Gochenour

McGuire Newbill

Those not voting were Senators:

Bowen (excused)

Cheeks

Day (excused)

On the passage of the bill, the yeas were 49, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Tanksley of the 32nd.

Senator Edge of the 28th offered the following amendment:
Amend HB 1295 by striking from line 12 on page 2 the following: "sum",

and inserting in lieu thereof the following:
"amount".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears
Broun of 46th
Brown of 26th Burton Cagle Cheeks
Clay Crotts 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 Thomas
Thompson Turner Walker

Those not voting were Senators:

Bowen (excused) Day (excused)

Egan Tysinger

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

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.
Senate Sponsor: Senator Ragan of the llth.

FRIDAY, MARCH 15, 1996

1889

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

Those not voting were Senators:

Black Bowen (excused) Day (excused)

Egan Hill

Oliver Tysinger

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

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.
Senate Sponsor: Senator Crotts of the 17th.
The Senate Health and Human Services Committee offered the following substitute to HB 1655:
A BILL
To be entitled an Act 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 registered nurses and physician's assistants practicing in nursing homes; 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 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-16 to read as follows:

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JOURNAL OF THE SENATE

"31-7-16.
When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a physician's assistant or a regis tered professional nurse licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when said patient is a registered organ donor, only a physician may make the determina tion or pronouncement of death; provided, further, that when it appears that a patient died from other than natural causes, only a physician may make this determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department."

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:

Balfour Blitch Boshears Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts 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 Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Black Bowen (excused)

Day (excused) Guhl James

Scott Tysinger

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

HB 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.
Senate Sponsor: Senator Starr of the 44th.

FRIDAY, MARCH 15, 1996

1891

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

Those voting in the affirmative were Senators:

Balfour Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts 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 Thomas Turner Walker

Those not voting were Senators:

Abernathy Black Blitch

Bowen (excused) Day (excused) Hill

Thompson Tysinger

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

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.
Senate Sponsor: Senator Guhl of the 45th.
The Senate Public Safety Committee offered the following substitute to HB 713:
A BILL
To be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide procedures for seeking permission to use any municipal or county police department's nomenclature or symbols; to authorize the local governing authority of any municipality or county to grant permission to use such nomenclature or symbols under certain circumstances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil damages for certain violations; to provide for criminal penalties; to provide that no law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name of law enforcement authority on its vehicles other than the name of the applica ble county or municipality or the state; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1892

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking in its entirety Chapter 10, known as the "Law Enforce ment Integrity Act of 1994," and inserting in lieu thereof a new Chapter 10 to read as follows:

35-10-1.

"CHAPTER 10

This chapter shall be known and may be cited as the "Municipal and County Police De partments' Nomenclature Act of 1996.'
35-10-2.
It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal or county police department or with a member thereof when in fact the individual or organization is not the municipal or county police department or a member thereof. Furthermore, the municipal or county police department, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any municipal or county police department's name or any term used to identify the department or its members without the expressed permission of the local governing authority. The provi sions of this chapter are in furtherance of the promotion of this policy.
35-10-3.

As used in this chapter, the term:
(1) 'Badge' means any official badge used in the past or present by members of munici pal or county police departments.
(2) 'Chief of police' means the chief of police for any municipal or county police department.
(3) 'Department' means any municipal or county police department.
(4) 'Director of public safety' means the director of public safety for any municipal or county police department.
(5) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.
(6) 'Local governing authority' means, with respect to a county, the governing author ity of the county and, with respect to a municipality, the governing authority of the municipality.
(7) 'Person' means any person, corporation, organization, or political subdivision of this state.
(8) Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chap ter. Any person whose agent or representative is a willful violator and who has knowl edge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this chapter, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.

FRIDAY, MARCH 15, 1996

1893

35-10-4.
Whoever, except with the express written permission of the local governing authority, knowingly uses words pertaining to a particular municipal or county police department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, tele cast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other pub lication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department shall be in viola tion of this chapter.
35-10-5.
Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or exe cution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a man ner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, tele cast, telemarketing, or other production is approved, endorsed, or authorized by or asso ciated with the department without written permission from the local governing authority shall be in violation of this chapter.
35-10-6.
Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety shall send a notice with his or her recommendation to the local governing authority stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the chief of police or director or public safety, the local governing authority shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing authority does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permis sion under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local gov erning authority under such conditions as the local governing authority may impose.
35-10-7.
Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 3510-5, the local governing authority shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.

In addition to any other reliefer sanction for a violation of Code Section 35-10-4 or 3510-5, where the violation is willful, the local governing authority shall be entitled to col lect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing authority shall be entitled to recover rea sonable attorney's fees for bringing any action against the violator. The local governing authority shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.
35-10-9.
Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the viola tion was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

1894

JOURNAL OF THE SENATE

35-10-10.
Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.
35-10-11.
No law enforcement agency shall enforce the traffic laws of this state or any traffic ordi nances with any name of law enforcement authority on its vehicles other than the name of the applicable county or municipality or the state."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with Act are repealed.
Senator Hill of the 4th offered the following amendment:
Amend the Senate Public Safety Committee substitute to HB 713 by striking from line 17 of page 4 the word "denied" and inserting lieu thereof the word "approved".
On the adoption of the amendment, the yeas were 35, nays 0, and the Hill 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:

Balfour Blitch Boshears 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 Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Black Bowen (excused)

Day (excused) Glanton

Slotin Tysinger

FRIDAY, MARCH 15, 1996

1895

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 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 it shareholders.
Senate Sponsor: Senator Oliver of the 42nd.

The Senate Judiciary Committee offered the following amendment:
Amend HB 1425 by striking lines 30 through 35 of page 6 and inserting in lieu thereof the following:
"(2) In connection with any other proceeding with respect to conduct for in which he was adjudged liable on the basis that personal benefit was improperly received by him, whether or not involving action in his official capacity."
By striking lines 18 through 21 of page 11 and inserting in lieu thereof the following:
"(4) For any transaction from which he received an improper personal benefit."
By striking lines 25 and 26 of page 12 and inserting in lieu thereof the following:
"(D) Receipt of an improper personal benefit."
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks 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 Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen (excused)

Crotts Day (excused)

Slotin

On the passage of the bill, the yeas were 51, nays 0.

1896

JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Farrow of the 54th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Blitch and Cheeks.

Those not voting were Senators:

Bowen (excused) Day (excused) Egan

Gochenour Lamutt

McGuire Slotin

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

HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th, Hanner of the 159th, Porter of the 143rd and others:

Senate Sponsor: Senator Guhl of the 45th.

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; to provide that such trust shall not be subject to certain provisions of the Constitution; to provide for submission of this amend ment for ratification or rejection; and for other purposes.

FRIDAY, MARCH 15, 1996

1897

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 (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of a State Land Trust for the purchase and maintenance of lands for the purpose of preserv ing land in its natural state, protecting river corridors and environmentally sensitive lands from development, and increasing the area of state parks. The General Assembly may provide by general law for the dedication and deposit of revenues raised from speci fied sources into the fund. Any other appropriation of moneys into the 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 creation of a State ( ) NO Land Trust for the purchase and maintenance of lands to preserve land in its
natural state, to protect river corridors and environmentally sensitive lands, and to increase the area of state parks?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Guhl of the 45th moved that HR 1129 be placed on the Table.
On the motion, the yeas were 29, nays 2; the motion prevailed, and HR 1129 was placed on the Table.
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.
Senate Sponsor: Senator Johnson of the 1st.
The Senate State and Local Government Committee offered the following amendment:
Amend HB 1683 by striking from lines 7 through 9 of page 1 the following:
"to provide that no member of a county board of tax assessors shall be eligible to serve as a county tax appraiser;"
By striking lines 31 through 33 of page 2 and inserting in lieu thereof the following:
"for regular appointment to a full term of office."
By striking lines 34 through 37 of page 2. By redesignating Section 3 as Section 2.
On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment to HB 1683 was adopted.
Senators Crotts of the 17th, Johnson of the 1st, and others offered the following amendment:

1898

JOURNAL OF THE SENATE

Amend HB 1683 by inserting on line 9 on page 1, following the word and symbol "ap praiser;", the following:
"to 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 witnesses, so as to provide for records and information not subject to subpoena;".
By inserting following line 33 on page 2 the following:

"SECTION 1A.

Code Section 48-5-300, relating to the authority of county boards of tax assessors to sub poena witnesses, is amended by inserting at the end of subsection (a) the following:
The authority provided for in this subsection shall not apply to the following documents or records:
(1) Any income tax records or returns;
(2) Any property appraisals prior to the appeal process;
(3) All insurance policies; or
(4) Any individual tenant sales information.'"
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 Cagle Cheeks Crotts Glanton Gochenour

Griffin Harbison Hill Johnson of 2nd Johnson of 1st Kemp Lamutt

Land Langford McGuire Pollard Tanksley Thompson Walker

Those voting in the negative were Senators:

Abernathy Black Brown of 26th Burton Clay Dean Edge Egan Farrow Guhl

Henson Hooks James Madden Marable Middleton Newbill Oliver Perdue Ragan

Ralston Ray Scott Starr Stokes Taylor Thomas Turner Tysinger

Those not voting were Senators:

Bowen (excused) Broun of 46th

Day (excused) Gillis

Slotin

On adoption of the amendment, the yeas were 22, nays 29, and the Crotts et al. amend ment to HB 1683 lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Broun of 46th

FRIDAY, MARCH 15, 1996

1899

Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow 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 Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen (excused) Day (excused)

Gillis Langford

Slotin

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 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.
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 Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Gillis Glanton

Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 1st Kemp Land 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 Farrow

Henson Lamutt

1900

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Bowen (excused) Day (excused)

Johnson of 2nd Langford Slotin

Tanksley Walker

On the passage of the bill, the yeas were 44, nays 4. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Scott of the 36th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 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 Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Bowen (excused) Day (excused)

Langford Slotin

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 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.
Senate Sponsor: Senator Guhl of the 45th.

FRIDAY, MARCH 15, 1996

1901

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the 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 Dean Edge Gillis Glanton

Gochenour 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 Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Voting in the negative was Senator Henson.

Those not voting were Senators:

Bowen (excused) Day (excused) Egan

Farrow Griffin Scott

Slotin Starr Thompson

On the passage of the bill, the yeas were 46, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Johnson of the 1st moved that the Senate suspend Senate Rule 30, in order to consider the following bill of the House which is on the Rules Calendar for today:

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.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senate Rule 30 was suspended. HB 1368 was read the third time and put upon its passage.
Senator Johnson of the 1st moved that HB 1368 be placed on the Table.
On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 1368 was placed on the Table.

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.
Senate Sponsor: Senator Bowen of the 13th.

1902

JOURNAL OF THE SENATE

Senator Johnson of the 1st offered the following amendment:
Amend HB 1486 by adding on page 2, line 7, after the word "deed," and before the word "plus" the following--
"plus any special assessments on the property,"
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts 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 Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen (excused)

Day (excused)

Slotin

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

HB 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 ing 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.
Senate Sponsor: Senator Brown of the 26th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch

Boshears Broun of 46th Brown of 26th
Cagle

Cheeks Clay Crotts
Dean

FRIDAY, MARCH 15, 1996

1903

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 Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen (excused) Burton

Day (excused) Langford

Slotin

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 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.

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.
The House has agreed to the Senate amendment, to the House substitute, to the fol lowing bill of the Senate:
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.
Senator Perdue of the 18th moved that, pursuant to SR 702, adopted previously, the Senate adjourn until Monday at 10:00 A.M.; the motion prevailed, and at 12:02 A.M., the President announced the Senate adjourned.

1904

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 18, 1996 Fortieth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, March 15, proceed ings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:
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 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 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 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 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.

MONDAY, MARCH 18, 1996

1905

HB 1518. By Representative Holmes of 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 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 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 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 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 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 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.

1906

JOURNAL OF THE SENATE

HB 1740. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
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 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.
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 284. By Representatives Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to provide for a change in the method of compensation of part-time magistrates.
HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention.
HB 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.
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.

MONDAY, MARCH 18, 1996

1907

The House has agreed to the Senate amendments to the following bills of the House:
HB 1888. By Representatives Wiles of the 34th, Woods of the 32nd, Ehrhart of the 36th 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 of Cobb County.
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 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 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 1494. By Representatives Byrd of the 170th and Mosley of the 171st:
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 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 sensus, so as to change the provi sions relating to the United States decennial census used for the population classifications of such counties.
HB 1430. By Representative Baraes 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.

1908

JOURNAL OF THE SENATE

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.
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 1130. By Representatives Walker of the 87th, Ladd of the 59th, Williams of the 114th and others:
A bill to amend Chpater 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 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 power and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects.
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.
The House has agreed to the Senate amendments to the following resolutions 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.
HR 1017. By Represenative Holland of the 157th:
A resolution compensating Mr. Nathaniel A. Blakney.
HR 973. By Representative Barnes of the 33rd:
A resolution compensating Mr. Terry Wanzer.

MONDAY, MARCH 18, 1996

1909

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.

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.
The House has adoped the reports of the Committees of Conference on the following bills of the House and Senate:
SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to 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.

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.

HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:

A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make purchases
through the Department of Administrative Services, so as to provide the emer gency purchases made during a declared state of emergency by the Georgia Emergency Management need not be made through such department.

The following committee report was read by the Secretary:

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

HB 1378. Do pass.

HB 1898. Do pass as amended.

HB 1764. Do pass by substitute.

HB 1900. Do pass.

HB 1837. Do pass as amended.

HB 1901. Do pass.

HB 1885. Do pass.

HB 1902. Do pass by substitute.

HB 1894. Do pass.

HB 1903. Do pass.

HB 1895. Do pass.

HB 1904. Do pass.

HB 1896. Do pass.

HB 1905. Do pass.

1910

JOURNAL OF THE SENATE

HB 1897. Do pass.

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

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

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

Those not answering were Senators:

Abernathy Farrow

Kemp Scott

Thompson Turner

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 a chaplain of the day, Dean Day Smith, his mother, of Atlanta, Georgia, who offered scripture reading and prayer.
Senator Middleton of the 50th, introduced a chaplain of the day, Dr. Barbara Brown Taylor of Clarksville, Georgia, who offered scripture reading and prayer.
The following statement was filed with the Secretary:
To: Secretary of the Senate
I was outside the door on Senate business for roll call on 3-18-96, the final day of the session.
/s/ Loyce Turner 8th District
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, March 18, 1996 FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

MONDAY, MARCH 18, 1996

1911

HB 1378 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
An Act to amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are dis abled or 65 years of age or over, so as to change a definition.
*HB 1764 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
An Act to amend an Act providing a homestead exemption from all ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 or who are 65 years of age or over, so as to increase the annual income ceiling to $25,000.00. (SUBSTITUTE)
*HB 1837 Madden, 47th JACKSON COUNTY
An Act to amend an Act entitled "An Act to create a board of county commission ers," so as to provide that the board of commissioners shall be composed of a chairperson and five commissioners. (AMENDMENT)
HB 1885 Farrow, 54th CATOOSA COUNTY
An Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the Superior Court.
HB 1894 Thomas, 10th Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Day, 48th Henson, 55th Newbill, 56th CITY OF ATLANTA FULTON COUNTY
An Act to amend an Act creating the City of Atlanta and Fulton County Recrea tion Authority, so as to change the provisions relating to revenue bonds.

1912

JOURNAL OF THE SENATE

HB 1895 McGuire, 30th CITY OF VILLA RICA
An Act to amend an Act providing a new city charter, so as to change the corpo rate limits of the city.
HB 1896 Crotts, 17th Guhl, 45th CITY OF SOCIAL CIRCLE
An Act to amend an Act incorporating the City of Social Circle, so as to change the maximum penalties in recorder's court.
HB 1897 Brown, 26th TWIGGS COUNTY
An Act to create the Twiggs County Recreation Authority; and for other pur poses.
*HB 1898 Bowen, 13th CITY OF SYCAMORE
An Act to provide a new charter for the City of Sycamore; and for other pur poses. (AMENDMENT)
HB 1900 Boshears, 6th PIERCE COUNTY
An Act to amend an Act establishing the State Court, so as to provide for the compensation of the judge and solicitor.
HB 1901 Griffin, 25th JONES COUNTY
An Act to amend an Act creating a new board of commissioners, so as to change the provisions relating to the annual publication of the name, department, and salary of each county employee.
*HB 1902 Taylor, 12th STEWART COUNTY
An Act to create the Board of Commissioners of Stewart County; and for other purposes. (SUBSTITUTE)
HB 1903 Farrow, 54th CATOOSA COUNTY
An Act to amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, so as to change the number of vot ing members required to take action by the authority.
HB 1904 Perdue, 18th CITY OF HAWKINSVILLE
An Act to amend an Act providing for a new city charter, so as to provide for authority to lease or otherwise dispose of municipally owned property generally.

MONDAY, MARCH 18, 1996

1913

HB 1905 Boshears, 6th CITY OP OFFERMAN
An Act to provide a new charter for the City of Offerman; and for other purposes.
The substitute to the following bill was put upon its adoption:
*HB 1764:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1764:
A BILL To be entitled an Act 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," approved March 24, 1988 (Ga. L. 1988, p. 4147), so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents," approved March 24, 1988 (Ga. L. 1988, p. 4147), is amended by striking in their entirety Sections 1 and 2 and inserting in lieu thereof the following:
"Section 1.
For the purposes of this Act, the term: (1) 'Ad valorem taxes for educational purposes' means all ad valorem taxes levied by, for, or on behalf of the Richmond County School District, including but not limited to taxes to retire school bond indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated. (3) 'Senior citizen' means a person who is 65 years of age or older.
Section 2.
Each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full value of that homestead."
SECTION 2.
The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1995.
SECTION 3.
A soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Richmond County shall call and conduct an election for the purpose of submitting this Act to the electors of the Richmond County School District for approval or rejection. The super intendent 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 Richmond County. The ballot shall have written or printed thereon the words:

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JOURNAL OF THE SENATE

"( ) YES Shall the Act be approved which provides a homestead exemption from all ( ) NO Richmond County School District ad valorem taxes for educational purposes
for that school district for residents of that district who are age 65 and older without regard to income level?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more that one-half of the votes cast on such question are for the approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by Richmond County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
SECTION 4.
All laws and parts of laws in conflict with Act are repealed.
On the adoption of the substitute, the yeas were 1, nays 42, and the substitute lost.
The amendment to the following bill was put upon its adoption:
*HB 1837:
Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1837 by striking lines 7 and 8 on page 1 and inserting in lieu thereof the following:
"to provide that the chairperson shall be elected at large and the commissioners shall be elected from districts; to provide that the".
By inserting on line 10 on page 1, between the word and symbol "elections;" and the word "to", the following:
"to provide that the chairperson shall serve part time and the commissioner shall be au thorized to employ a county manager;".
By striking lines 32 and 33 on page 1 and inserting in lieu thereof the following:
"consist of a chairperson elected by a plurality of votes cast in the county at large and four commissioners elected from districts by a plurality of votes cast in the respective districts in elections held".
By striking the quotation marks at the end of line 3 on page 3 and inserting between lines 3 and 4 of page 3 of the following:
"(d) The position of chairperson shall be a part time position. The commission is author ized to employ a county manager and to specify his or her powers and duties by ordinance.
(e) Notwithstanding the provisions of an Act approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), the chairperson shall receive as his or her total compensation the sum of $8,500.00 per annum, payable in equal monthly installments.'"

MONDAY, MARCH 18, 1996

1915

By striking line 17 on page 3 and inserting in lieu thereof the following:
"time of the general primary in 1996. The".
By striking lines 29 through 31 on page 3 and inserting in lieu thereof the following:
"large and four commissioners elected from districts?"
By attaching to such bill the description of commissioner districts attached hereto.
Operator: local____________Client: jackson____________Plan: jackcc95p2
District No. 1
JACKSON Tract:0101. Block: 253, 255, 256, 257, 276, 277, 278, 279, 280, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 341, 342, 343, 372, 373, 374, 375, 376, 377, 378, 384, 385, 386, 388, 389 Tract:0106. Block: 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214C, 214D, 214E, 214F, 214G, 214H, 214J, 214K, 214L, 214M, 214N, 214P, 214R, 214T, 215A, 215B, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 263, 264, 265A, 265B, 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307, 308A, 308B, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 357, 358 Tract:0107. Block: 109A, 109B, 109C, 109D, 109E, 109F, 110, 111A, 111B, 111C, HID, HIE, 111F, 111G, 111H, 112, 124, 127, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 130A, 130B, 130C, 137A, 137B, 138A, 138B, 138C, 138D, 138E, 138F, 138G, 138H, 138J, 138K, 138L, 138M, 138N, 138P, 138R, 140, 142A, 142B, 143, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, 145A, 145B, 145C, 146, 147, USA, 148B, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 155C, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 157A, 157B, 157C, 157D, 158, 159, 160, 161A, 161B, 161C, 162A, 162B, 162C, 162D, 162E, 162F, 162G, 162H, 162J, 162K, 162L, 162M, 162N, 163, 164A, 164B, 165, 166A, 166B, 166C, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 190C, 190D, 190E, 190F, 191, 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192J, 193A, 193B, 194A, 194B, 195A, 195B, 195C, 196A, 196B, 196C, 196D, 196E, 196F, 197 Block Group: 3 Block Group: 4
District No. 2
JACKSON Tract:0102. Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113,114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159, 160, 161, 162, 163 Track:0103. Track:0104.
District No. 3
JACKSON Tract:0101. Block: 201, 202, 203, 204A, 204B, 204C, 205A, 205B, 206A, 206B, 207, 208A, 208B, 209, 210, 211,212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221C, 222A, 222B, 222C, 223, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230A, 230B, 230C, 230D, 231A, 231B, 231C, 232A, 232B, 232C, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246A, 246B, 246C,

1916

JOURNAL OF THE SENATE

246D, 247, 248A, 248B, 249, 250, 251A, 251B, 252, 254, 258, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 281, 282, 301 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338A, 338B, 339, 340A, 340B, 344A, 344B, 344C 344D, 345A, 345B, 346, 347, 348 Block: 349, 350A, 350B, 351, 352, 353, 354A, 354B, 354C, 354D, 354E, 354F, 355A, 355B, 355C, 356, 357A, 357B, 357C, 358, 359A, 359B, 359C, 359D, 359E, 360, 361, 362, 363, 364, 365A, 365B, 365C, 366A, 366B, 367, 368A, 368B, 369A, 369B, 370, 371, 379A, 379B, 380, 381A, 381B, 382, 383, 387, 390, 391, 392, 393, 394, 395, 396, 397 Tract:0102. Block: 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 167, 168, 169, 170, 171, 172, 173, 177A, 177B, 178A, 178B, 178C, 178D, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189A, 189B, 190A, 190B, 190C, 191, 192, 193, 194, 195, 196, 197 Tract:0107. Block: 103, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 131A, 131B, 131C, 132, 133A, 133B, 133C, 133D, 133E, 134A, 134B, 134C, 134D, 134E, 135A, 135B, 136, 139, 141
District No. 4
JACKSON Tract:0102. Block: 164, 165, 166, 174, 175, 176 Tract:0105. Tract:0106. Block: 201, 202, 203, 204, 205, 214B, 214U, 214V, 214W, 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, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 325, 326, 328, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356 Tract:0107. Block: 101, 102, 104, 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 125, 126A, 126B, 126C Block Group: 2
On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.
The amendment to the following bill was put upon its adoption:
*HB 1898:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1898, LC 21 4031S, by striking on line 29 on page 14 following: "2.21"
and inserting in lieu thereof the following: "2.22".
By striking lines 6 through 13 on page 16 and by renumbering Section 2.30 as Section 2.29.
B"myasyt"r.iking on line 37 on page 19 the word 'shall' and inserting in lieu thereof the word

MONDAY, MARCH 18, 1996

1917

By inserting on line 12 on page 20, between the word The' and the word 'city", the following:
"city attorney,".
B"myasyt"r.iking on line 18 on page 20 the word 'shall' and inserting in lieu thereof the word
By striking line 22 on page 20 and inserting in lieu thereof the following:
"(2) The establishment and administration of a position classification".
By striking line 37 on page 20 and inserting in lieu thereof the following:
"of city clerk, city tax collector, and city accountant or".
By striking lines 40 and 41 on page 20 and lines 1 through 14 on page 21 and inserting in lieu thereof the following:
"other positions."
By striking line 42 on page 32 and lines 1 through 8 on page 33 and inserting it lieu thereof the following:
"and quadrennially thereafter. Two council members shall be elected at the municipal elec tion held on the Tuesday next following the first Monday in November in 1999 and qua drennially thereafter. Such elections shall be held in compliance with Section 5.12 of this Act and with".
On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1902:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1902:
A BILL
To be entitled and Act to create the Board of Commissioners of Stewart County; to provide for continuation of certain obligations and liabilities; to provide for members and officers of the board; to provide for a chairperson; to provide for elections and terms of office; to pro vide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to pro vide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adop tion, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for submission; to provide for the specific repeal of a local Act; to provide for a referendum; 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.
There is created the Board of Commissioners of Stewart County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Stewart County and shall continue to have the obligations and liabili ties of the commissioner of Stewart County as they existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Stewart

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JOURNAL OF THE SENATE

County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term "board," whenever used in this Act, shall mean the Board of Commissioners of Stewart County, including the chairperson and all members.
SECTION 2.
(a) The Board of Commissioners of Stewart County shall consist of a chairperson and two additional commissioners. The chairperson shall be a resident of the county and shall be elected by the electors of the county at large. Each of the other two commissioners shall be a resident of his or her respective commissioner district described in subsection (b) of this section and shall be elected by the electors of such district as provided in Section 3 of this Act.
(b) For the purpose of electing members of the board of commissioners, Stewart County shall be divided into two commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the territory of Stewart County as contained in the description of the districts attached to this Act and made a part hereof and further identified as: "Operator: local Client: stewart Plan: stewart 6."
(c) For purposes of subsection (b) of this section:
(1) The terms "Tract," "Block," and "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geo graphical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for conven ience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of Stewart County which is not included in any commissioner district de scribed in subsection (b) of this section shall be included within that commissioner dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Stewart County which is described in subsection (b) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
SECTION 3.
(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as chairperson of the board, a person must be 21 years of age or older, must have resided in the county for at least 12 months prior to election thereto, and must receive the number of votes cast for that office by the electors of Stewart County as required by the general laws of this state for election to such office. A person elected as chairperson of the board must continue to reside in the county during that person's term of office or that office shall thereupon become vacant. In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must

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have resided in that district for at least 12 months prior to election thereto, and must re ceive the number of the votes cast for that office by the electors of the district as required by the general laws of this state for election to such office. At the time of qualifying for elec tion as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
SECTION 4.
(a) The members of the Board of Commissioners of Stewart County shall be elected at a special election conducted on the date of the state-wide general election on the Tuesday next following the first Monday in November, 1996. The chairperson and other members of the board elected thereto shall take office on 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 qualification of their respective successors. Those and all future suc cessors to the 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 on 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.
(b) 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."
(c) The commissioner of Stewart County who is in office on January 1, 1996, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 1996.
SECTION 5.
(a) In the event of a vacancy occurring on or after January 1, 1997, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as pro vided in this section.
(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Stewart County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson is elected for the unexpired term.
(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commission ers shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and end ing on the date the successor member of the board takes office for the unexpired term fol lowing his or her appointment as provided for in this subsection.

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(d) A vice chairperson serving as chairperson shall be authorized to vote as a member of the board of commissioners during such service.
SECTION 6.
Before entering upon the discharge of their duties, the commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful perform ance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each com missioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury.
SECTION 7.
(a) The chairperson shall be paid a salary equal to the annual base salary of the sheriff of Stewart County plus $2,400.00 per annum. Commissioners, other than the chairperson, shall be paid a salary of $150.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Stewart County.
(b) The chairperson and the other commissioners may be reimbursed for reasonable ex penses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authori ties for which their membership is provided by law.
SECTION 8.
At the first regular meeting of each odd-numbered year, the board of commissioners shall select from its members a vice chairperson. In the event of death, disqualification, or resig nation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the two-year period in which selected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall select a new vice chairperson to serve for the remainder of the two-year period.
SECTION 9.
The board of commissioners shall hold regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such addi tional meetings as shall be necessary when called by the chairperson or any two commis sioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Any two commissioners or the chairperson and any one commissioner shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least two members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on any ques tion or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.

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SECTION 10.
The chairperson shall preside over the meetings of the board of commissioners. The poli cies, rules, and regulations adopted by the board of commissioners shall be carried out, executed, and enforced by the chairperson and the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Maintaining an office for the board of commissioners;
(2) Presiding at all public meetings;
(3) Representing the county government at ceremonial functions;
(4) Being available to the constituency on a regular basis;
(5) Coordinating intergovernmental activity among municipalities, other counties, the state, and the United States and any agencies thereof;
(6) Being empowered to submit motions to the board of commissioners for action;
(7) Taking the lead role in initiating needs assessments, evaluations of county services, and policy development; and
(8) Appointing subcommittee chairpersons with the approval of the board of commissioners.
SECTION 11.
The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those ad ministrative powers which are necessarily and properly incident to its functions as a policymaking or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and provide for the execution of contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the author ity to accept subdivision plats when the requirements established by the board of com missioners for subdivisions have been met;
(8) To establish, abolish, or change election precincts and militia districts according to law;
(9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;
(10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Stewart County in respect to zoning and planning;
(11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances or other legislation which the county may be given author ity to enact;

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(14) To determine the priority of capital improvements;
(15) To call elections for the voting of bonds;
(16) To exercise all of the power and authority formerly vested by law in the commis sioner of Stewart County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated;
(17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and
(18) To require all county officers to report on the general or specific conduct of the finan cial affairs of their respective offices.
SECTION 12.
Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Adver tisements for such bids shall be published for two consecutive weeks in the official organ of Stewart County. The need for such bids may be dispensed with by the board of commis sioners if it decides that an emergency exists which will not permit a delay.
SECTION 13.
The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions trans ferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14.
The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reason able fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 15.
The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publica tion of such notice and of the proposed budget in the official organ of Stewart County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commission ers, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be ac companied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Stewart County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; pro vided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall

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apply, and shall be adopted at least one month prior to said beginning date. The proce dures for budget preparation, submission to the governing authority, review by the gov erning authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A.
SECTION 16.
No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners shall enforce compliance with this provision by all depart ments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.
SECTION 17.
The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual contin uous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Stewart County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Stewart County a copy of each annual report furnished by said accountant to the board of commissioners.
SECTION 18.
An Act continuing the office of commissioner of Stewart County, approved March 30, 1990 (Ga. L. 1990, p. 5025), is repealed in its entirety.
SECTION 19.
It shall be the duty of the governing authority of Stewart County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.
SECTION 20.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of Stewart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stewart County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in June, 1996, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Stewart County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which changes the governing authority of Stewart ( ) NO County from a single commissioner form of government to a board of commis
sioners to be composed of a chairperson elected by the voters of the entire county and two commissioners elected from two single-member districts by the voters residing within each district?"
All persons desiring to vote for approval of the Act shall vote "Yes" and those persons desir ing to vote against the Act shall vote "No." If more than one-half of the votes cast are for approval of the Act, this Act shall become effective as provided in this section. If more than one-half of the votes cast are against approval of such Act or if the election is not conducted

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as provided in this section, then Sections 1 through 18 of this Act shall not become effective and this Act shall be automatically repealed on August 1, 1996.
If this Act is approved in the special election provided in this section, it shall become effec tive immediately for the sole purpose of conducting the elections required by Section 4 of this Act and for all purposes on January 1, 1997, and no further election shall be held for the office of sole commissioner of Stewart County and any person nominated in the general primary of 1996 to the office of sole commissioner, which office is abolished by this Act if approved in the special election provided in this section, shall not take office.
The expense of such election shall be borne by Stewart County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 21.
The provisions of Sections 19, 20, and 22 of this Act and this section shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective as provided in Section 20 of this Act.
SECTION 22.
All laws and parts of laws in conflict with this Act are repealed.
Operator: local_____________Client: stewart_____________Plan: stewart6
District No. 1
STEWART Tract:9501. Block Group:! Block: 201, 202, 203, 204, 205, 206, 219, 220, 221, 222, 223A, 223B, 285, 286, 287, 288, 289, 290, 291 Tract:9502. Tract:9503. 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110A, HOB, 111, 112A, 112B, 113, 114A, 114B, 115A, 115B, 116, 117, 118A, 118B, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 165, 168,169, 215A, 215B, 216A, 216B, 217A, 217B, 219, 221, 222, 223, 224A, 227, 228A, 229, 230, 231, 240, 292
District No. 2
STEWART Tract:9501. Block: 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 224, 225, 226, 227, 228A, 228B, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284 Tract:9503. Block: 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156A, 156B, 157, 158,159, 160,161, 162, 163, 164, 166, 167, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213A, 213B, 214A, 214B, 218A, 218B, 220, 224B, 224C, 225, 226, 228B, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297
On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of 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 Burton Cagle Cheeks Clay Crotts Day Dean Edge

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 1st Lamutt Land Madden Marable

McGuire Middleton Oliver Perdue Pollard Ralston Ray Slotin Starr Tanksley Taylor Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Brown of 26th Egan James Johnson of 2nd

Kemp Langford Newbill Ragan

Scott Stokes Thomas Thompson

On the passage of the local bills, the yeas were 42, nays 1.
All the bills on the Local Consent Calendar, except HB 1837, HB 1898, and HB 1902, having received the requisite constitutional majority, were passed.
HB 1902, having received the requisite constitutional majority, was passed by substitute.
HB 1837 and HB 1898, having received the requisite constitutional majority, were passed as amended.
The following resolutions were read and adopted:

SR 703. By Senator Farrow of the 54th: A resolution expressing condolences on the passing of Alf Anderson.

SR 704. By Senators Griffin of the 25th, Henson of the 55th, Black of the 53rd and others:
A resolution recognizing the Georgia State Employees Union.

SR 705. By Senators Hooks of the 14th, Johnson of the 1st and Johnson of the 2nd:
A resolution recognizing the 300th anniversary of the birth of General James Edward Oglethorpe.

SR 706. By Senators Thomas of the 10th and Starr of the 44th: A resolution commending Linda Summerlin.

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SR 707. By Senator Dean of the 31st: A resolution honoring Ned and Eugene Lester and the Lester family of Dallas, Georgia.
SR 708. By Senator Dean of the 31st: A resolution honoring Coleman H. Camp.
SR 709. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Bessie S. Hannah.
SR 710. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Louise Youngblood.
SR 711. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Mamie Lewis.
SR 712. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Laura Bradshaw.
SR 713. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Edna Williams.
SR 714. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Rosa Giles.
SR 715. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Ruth Polite.
SR 716. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Daisy Mills.
SR 717. By Senator Johnson of the 2nd: A resolution recognizing and commending Sister Ruth Stripling.
The following bill was taken up to consider House action thereto:
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.
Senator Egan of the 40th moved that the Senate insist on its amendment to HB 1555. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1555.

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The following resolution was taken up to consider House action thereto:
HR 884. By Representative Davis of the 60th:
A resolution compensating Ms. Margaret C. Ritchie.
Senator Madden of the 47th moved that the Senate adhere to its amendment to HR 884 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference, on the part of the Senate, the following: Senators Madden of the 47th, Ragan of the llth, and Ralston of the 51st.
The following resolution was taken up to consider House action thereto:
HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A. Cone.
Senator Madden of the 47th moved that the Senate adhere to its amendment to HR 876 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference, on the part of the Senate, the following: Senators Madden of the 47th, Ragan of the llth, and Ralston of the 51st.
The following bill was taken up to consider House action thereto:
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 House amendment was as follows: Amend SB 749 by adding on line 10 of page 1 between the semicolon and the word "to" the following:
"to provide that certain private waste water treatment companies shall be subject to the authority of any municipal or county development authority in the municipality or county wherein such private company is located; to define a certain term;" By adding between lines 16 and 17 on page 1 the following: "amended by adding between paragraphs (5) and (6) of Code Section 36-62-2, relating to definitions applicable under said chapter, a new paragraph (5.1) to read as follows:
'(5.1) "Private waste water treatment company" means any private entity which owns or operates a waste water treatment system which serves 1,000 or more customers.'
SECTION 2.
Said chapter is further" By striking from line 25 on page 2 the following:
"SECTION 2."
and inserting in lieu thereof the following:
"SECTION 3."
By renumbering former Sections 3 and 4 on page 3 as Sections 5 and 6, respectively, and adding between lines 27 and 28 on page 3 a new Section 4 to read as follows:

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"SECTION 4."
Said chapter is further amended by adding at the end thereof a new Code Section 36-62-14 to read as follows:
'36-62-14.
The authority and jurisdiction of any authority created under this chapter shall extend to private waste water treatment companies located in the jurisdiction of any such authority.'"
Senator Edge of the 28th moved that the Senate disagree to the House amendment to SB 749.
On the motion, the yeas were 31, nays 0, and the Senate disagreed to the House amendment to SB 749.
The following bill was taken up to consider House action thereto:
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.
Senator Gillis of the 20th moved that the Senate adhere to its substitute to HB 1647 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed and the President ap pointed as a Committee of Conference, on the part of the Senate, the following: Senators Gillis of the 20th, Madden of the 47th and Marable of the 52nd.
The following resolution was taken up to consider House action thereto:
SR 578. By Senator Cagle of the 49th:
A resolution to create the Gainesville-Hall County Task Force on Governmental Unification.
The House substitute was as follows:
A RESOLUTION
To create the Gainesville-Hall County Task Force on Governmental Unification and pro vide for its composition, powers, and funding; to provide for a special election; and for other purposes.
WHEREAS, the voters of the City of Gainesville and Hall County have indicated an inter est in having a study conducted of the advantages and disadvantages of consolidating the governments of that city and county; and
WHEREAS, until such a study can be completed, creation of a charter commission to imple ment such consolidation would be unnecessary; and WHEREAS, the expenditure of city and county funds for a study of possible consolidation constitutes a valid public service for which public funds may be spent.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Gainesville-Hall County Task Force on Governmental Unification. The task force shall be composed of 19 members. Five members shall be appointed by the councilmembers of the City of Gainesville by each of such councilmembers appointing one member. One member who is a resident of the unincorporated part of the county shall be appointed by each member of the House of Representatives who represents a portion of Hall County. Four members who are residents of the unincorporated part of the county

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shall be appointed by the Senator from Hall County. One member shall be appointed by the governing authority of each of the following four cities: Flowery Branch, Clermont, Lula, and Gillsville. The governing authority of the City of Oakwood shall appoint two members. In the event that any municipality has failed to appoint the member or members authorized by April 15, 1996, the judges of the Superior Court of Hall County shall appoint such member or members. No member of the task force may be a current or former elected officer of Hall county or any municipality located therein. The chairperson of the board of commissioners of Hall County shall call the first meeting of the task force within 30 days after this resolution becomes effective at which meeting the task force shall elect from its members a chairperson and vice chairperson and otherwise organize itself. All decisions of the task force shall be made by a majority of members present. Thirteen members will be required to constitute a quorum. The task force shall operate according to Robert's Rules of Order.
BE IT FURTHER RESOLVED that members of the task force shall receive no compensa tion or expenses for their services upon the task force. The task force may employ no more than one staff member and may contract with persons or organizations with knowledge and expertise in governmental consolidation. The task force may accept donations, grants, or funds from any legal source. The task force may use the Georgia Mountains Regional De velopment Commission as the official repository of such funds. All local governments within Hall County are authorized to provide assistance to the task force.
BE IT FURTHER RESOLVED that the task force shall study all matters relating to consol idating the governments of the City of Gainesville and Hall County. It shall also explore alternatives other than consolidation to provide a more effective and efficient government for the county and the cities within the county in the event consolidation is not feasible or desirable. The task force shall issue a report of its findings no later than January 31, 1997, to the governing authorities of Hall County and the cities within Hall County, upon which date the task force shall be abolished. Those governing authorities shall make available at no cost to the public copies of such report and shall have published in the legal organ of Hall county for at least once a week for four consecutive weeks a notice specifying where such copies may be obtained. The cost of such copies and notice shall be paid from funds donated, granted, or received by the task force.
BE IT FURTHER RESOLVED that the task force may pass a resolution, based on the results of its report, asking for a special election on a question which shall be specified in the resolution. If such a resolution is passed, it shall be transmitted to the election super intendent of Hall County prior to the abolition of the task force. If the election superinten dent receives such a resolution, that superintendent shall issue the call for the special election according to law and conduct the special election on such question at the time of any Hall County special election otherwise conducted prior to the next state-wide general primary, unless no such special election is conducted prior to that primary, in which event the special election shall be conducted at the next state-wide general primary. The super intendent shall cause the date and purpose of such special election to be published once a week for two consecutive weeks immediately preceding the date thereof in the official organ of Hall County. The expense of such election shall be borne by Hall County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Senator Cagle of the 49th moved that the Senate agree to the House substitute to SR 578.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 578.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

1930

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
SB 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to provide for the availa bility of curriculum-based assessment results to students and their parents.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to provide that contrac tors, officials, agents, or other appropriate representatives of the Department of Public Safety may teach the alcohol and drug course; to change certain provisions regarding cur riculum-based assessments; 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 in Code Section 20-2-142, relating to pre scribed courses in public schools, by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b)(l) The State Board of Education and the Board of Public Safety shall jointly estab lish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs is connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its dura tion. The Board Commissioner of Public Safety shall make available officers, or employees, officials, agenTs, contractors, or other appropriate representatives as determined by the commissioner of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to assessments of educational programs, and inserting in its place a new Code section to read as follows:
"20-2-281.
(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educa tional pi ograilih of the state implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curric ulum based assessments of the quality coie curriculum and nationally Nationally normreferenced instruments in reading, and mathematics, science, and social studies shall be administered to students in grades three, five, and eightT-and-Hr. The State Tioard of Education shall review, revise, and upgrade the "quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for de velopment of criterion-referenced tests to measure the quality core curriculum and such tests shall be administered to students in three grades not lower than grade three. This action shall be completed within two years. A curriculum-based assessment shall be ad ministered in grade 11 for graduation purposes. Only the curriculum based assessments

MONDAY, MARCH 18, 1996

1931

in giade& thiee, five, and eighl and the eleventh giade iiuim referenced iiisti miieut may

lie aJmiuihteied by malm sample. Writing assessments shall be administered to stu

dents in grades three, five, eight, and 11. The writing assessments shall provide stu

dents and their parents with performance outcome measures resulting from the

administration of such tests. The curriculum based assessments thai the state bodid

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(b) The nationally normed assessments provided for in subsection (a) of this Code section

shall provide students and their parents with grade equivalencies and percentile ranks

which result from the administration of such tests. Gunlculum based d&&ehhiueiits Cri

terion-referenced tests and the high school graduation test provided for in subsection (a)

of this Code section shall provide tor results that reflect student achievement at the indi

vidual student, classroom, school, system, and state levels. The State Board of Education

shall participate in the National Assessment of Educational Progress (NAEP). The re

sults of such testing shall be provided to the Governor, the General Assembly, and the

State Board of Education and shall be reported to the citizens of Georgia. Further, the

state board shall adopt a school readiness assessment for students entering first grade

and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code

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the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of

salary supplements as part of a pay for performance or related plan pursuant to Code

Section 20-2-213 or other Code sections under this article may be assessments of student

achievement.

(c) The State Board of Education shall have the authority to condition the piomotiun uf a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handi capped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a spe cial education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.

(Ci) IjOCcil tiCllGOl S^ySCSlllS iXk&y 110t> USfi SLcltt; lUilufe LO pill Clliiiti 01 cKliiiiliiS ttil <ASfcttSSillcHLS

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piugiam fundb for such testing purposes. Subject to appropriations by the General

1932

JOURNAL OF THE SENATE

Assembly, the State Board of Education, in addition to the assessment program provided for in subsection (a) of this Code section, shall provide each local school system funds to be used for additional assessment as deemed necessary and appropriate by the local school system. The additional funds shall be calculated based on the number of FTE student counts reported for the preceding school yearT
(e) Teachers in grades three through 12 shall participate annually in a staff development program on the use of tests within the instructional program designed to improve stu dents' academic achievement. This program shall instruct teachers on curriculum align ment related to tests, disaggregated student test data to identity student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 11.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Day

Farrow Henson

Ray (presiding)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 11.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment (AM 24 0062) to HB 1399 by striking lines 3 through 27 of page 1 and inserting in their place the following:

MONDAY, MARCH 18, 1996

1933

"Amend HB 1399 by striking lines 1 through 32 of page 1 and inserting in their place the following:
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, so as to revise and change an exemption from sales and use tax regarding the sale of certain types of agricultural machinery; to revise and change an exemption from sales and use tax regarding the sale of certain concessions or admission tickets by certain schools; to provide for an exemption from the sale of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A.; to authorize the imposition of the special county 1 percent sales and use tax for certain capital outlay projects consisting of public safety facili ties and related capital equipment or airport facilities and related capital equipment, or both; to provide for conditions and limitations; to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which purpose becomes economically infeasible; to provide that the sales tax for educational purposes shall be levied and collected in the same manner as the special county 1 percent sales and use tax under Article 3 of said chapter; to provide for additional re quirements with respect to the issuance of certain debt in conjunction with such tax; to provide for the authority for this Act; to provide for legislative intent; to provide for effec tive dates; to provide for automatic repeal under certain circumstances; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, is amended by striking subparagraph (I) of paragraph (29) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subpara graph (I) to read as follows:
"(I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term "farm crops" includes only those crops which are planted and harvested within a 12 month period; and".
SECTION 2.
Said chapter is further amended by striking paragraph (39) of Code Section 48-8-3, relating to exemptions from sales and use tax, 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;".
SECTION 3.
Said chapter is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by striking "or" at the end of paragraph (56), by striking the period at the end of paragraph (57) and inserting in its place "; or", and by adding a new paragraph immedi ately following paragraph (57), to be designated paragraph (58) to read as follows:
"(58) Sales of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A."

1934

JOURNAL OF THE SENATE

SECTION 4.
Said chapter is further amended in paragraph (1) of subsection (a) of Code Section 48-8111, relating to procedure for imposing the special county 1 percent sales and use tax by striking "or" at the end of subparagraph (G); by redesignating subparagraph (H) as subparagraph (I); and by adding a new subparagraph immediately following subparagraph (G), to be designated subparagraph (H), to read as follows:
"(H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capital equip ment to operate such facilities, airport facilities and capital equipment to operate such facilities, or both; or"
SECTION 4A.
Said chapter is further amended by striking paragraph (1) of subsection (h) of Code Section 48-8-121, relating to use of the proceeds of a special purpose local option sales tax, and inserting in lieu thereof the following:
"(1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article on or after April 1, i999 1992, and prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible then the provi sions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts an appropriate resolution or ordinance deter mining that the development of the sanitary landfill has become or is economically infea sible. Upon the adoption of such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously collected and future proceeds of the tax (or such portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal purposes as are determined by the county governing authority to constitute the best feasible alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and operation expenditures."
SECTION 5.
Said chapter is further amended by adding a new article at the end thereof, to be desig nated Article 4, to read as follows:
"ARTICLE 4
48-8-140.
This article is enacted pursuant to the authority of Article VIII, Section VI, Paragraph TV of the Constitution of Georgia and it is the intent of the General Assembly in the enact ment of this article to further define and implement such provision of the Constitution.
48-8-141.
Except as otherwise expressly provided in Article VIII, Section VI, Paragraph W of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed, levied, and collected by such board or boards of education in the same manner as the special county 1 percent sales and use tax provided for under Article 3 of this chapter and the provisions of Article 3 of this chapter shall apply equally to such board or boards of education.

MONDAY, MARCH 18, 1996

1935

48-8-142.
If general obligation debt is to be issued in conjunction with the imposition of the sales tax for educational purposes authorized by Article VIII, Section VI, Paragraph IV of the Constitution, the resolution or concurrent resolutions imposing such tax shall specify the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. If such general obligation debt is to be issued, the ballot shall have written or printed thereon, in addition to the descriptions required by Article VIII, Section VI, Paragraph IV(e) of the Constitution, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _____________ in the principle amount of $_____________ for the above purpose.""

SECTION 6.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1996.
(b) Section 5 of this Act shall become effective on January 1, 1997; provided, however, that Section 3 of this Act shall only become effective on January 1,1997, upon the ratification of House Resolution 728 at the November, 1996, state-wide general election, which resolution authorizes the imposition, levy, and collection of a 1 percent sales and use tax for educa tional purposes. If such resolution is not so ratified, Section 5 of this Act shall not become effective and Section 5 of this Act shall stand repealed in its entirety on January 1, 1997.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.'"
Senator Land of the 16th moved that the Senate agree to the House amendment to the Senate amendment to HB 1399.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Boshears Bowen Day

Farrow Henson Hooks

Ray (presiding) Thomas Walker

1936

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1399.
The following bill was taken up to consider House action thereto:

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.

Senator Lamutt of the 21st moved that the Senate recede from its amendments to HB 1630. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy
Boshears Bowen Clay

Day
Edge Henson

Ray (presiding)
Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from its amendments to HB 1630.

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

Mr. President:

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

SB 785. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park" in the County of Clayton, as amended, so as to change the corporate limits.

The President resumed the Chair.

MONDAY, MARCH 18, 1996

1937

The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 members of the board of education of any local system which has a budget deficit and submits a correc tive action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly expenditures submitted by the system's local school superintendent; 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 operations statement to the Department of Education; to provide for public inspection; to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, re lating 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 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 school boards of education, is amended by adding at the end thereof a new Code Section 202-67 to read as follows:
"20-2-67.
(a) The local system superintendent employed by any local school system which is re quired 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 acknowlegment 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 meet ings of the board of education.
(b) 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.

1938

JOURNAL OF THE SENATE

(c) 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 and the local county board of commissioners or local city governmen tal administration. 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.

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 partici pate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association or other agen cies and associations, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the 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 reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Griffin of the 25th moved that the Senate agree to the House substitute to SB 516.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour Black Blitch Bowen 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

MONDAY, MARCH 18, 1996

1939

Middleton Newbill Perdue Pollard Ragan Ralston

Ray Scott Slotin Starr Stokes Tanksley

Those not voting were Senators:

Boshears Broun of 46th

Day Henson

Taylor Thomas Thompson Turner Tysinger Walker
Oliver

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 516.
The following bill was taken up to consider House action thereto:

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 House amendments were as follows:
Amendment #1:
Amend SB 19 as follows:
Line 8, page 2 (b) Any vendor who, either directly or through another person, makes a gift to a public employee with whom the vendor is selling or contracting or with whom the vendor is attempting to sell or contract.
Line 25, page 1 ... provided, however, that any single item valued $100.00 or less shall not be a gift.
Amendment #2:
Amend SB 19 by striking lines 22 through 26 of page 1 and inserting in lieu thereof the following:
"(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.".
By striking lines 8 through 14 of page 2 and inserting in lieu thereof the following:
"(b) Any vendor who, either directly or through another person, makes a gift or gifts to one or more public employees exceeding in the aggregate $250.00 in value during any calendar year 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 each public employee receiving such a gift."
Senator Newbill of the 56th moved that the Senate agree to the House amendments to SB 19.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears

Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Day

1940

JOURNAL OF THE SENATE

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 Oliver Pollard Ragan

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

Those not voting were Senators:

Abernathy Bowen

James Johnson of 2nd

Perdue Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 19.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 1788 as follows: On page 4, line 10 after 1993 add "and interested parties".
Senator Farrow of the 54th moved that the Senate agree to the House amendment to the Senate substitute to HB 1788.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day
Dean Edge 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 Pollard
Ragan Ralston Scott Slotin
Stokes Tanksley Taylor Thomas
Thompson Turner Tysinger Walker

MONDAY, MARCH 18, 1996

1941

Those not voting were Senators:

Abernathy Bowen Egan

James Oliver Perdue

Ray Starr

On the motion the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1788.
The following bill was taken up to consider House action thereto:

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th, Dean of the 31st and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to provide for fourmonth registration by local Act; to change certain licensing and registration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.
The House substitute was as follows:
A BILL
To be entitled and Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provi sions relating to operation of unregistered vehicles; to change certain provisions relating to registration and licensing requirements; to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month staggered or nonstaggered registration by local Act; to provide for staggered motor vehicle registration for certain vehicles owned by entities other than natural persons; to change certain licensing and registration dead lines; to change certain provisions relating to license plates and revalidation decals; to pro vide for penalties for late registration; to change certain provisions relating to special license plates for certain military personnel and veterans; to provide that certain license plates may be transferred between vehicles under certain circumstances; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions relating to penalties for failure to make return or pay tax; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to provide that certain local laws shall not be repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subsection (b) of Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following:
"(b) Any vehicle operated in the State of Georgia after May 1 uf any year which is re quired to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right hand a corner or corners of the license plate as designated by the commissioner, if requireH, shall He stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current

1942

JOURNAL OF THE SENATE

and valid registration or used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 2i 30 day period within which the purchaser is required by Code Section 40-2-20 to registeFor transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehi cle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties."
SECTION 2.
Said chapter is further amended by striking Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"40-2-20.
(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, un 01 before May 1 except as provided in paragraph (3) of this subsection, during the owner's registration period in each yearr-bel'iiit; npeiatiiig such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensu ing yea.i 12 month period until such person's next registration period. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 2i 30 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year period remaining until such person's next registration period. The purchaser of every used motor vehi cle, including tractors and motorcycles, or trailer which is currently registered shall, within 24 30 days of the purchase of such vehicle, transfer such registration as pro vided in Code Section 40-2-42. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the cur rent Georgia certificate of registration on such vehicle at the time of such sale or trans fer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other invol untary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subse quently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may not be submitted sepa rately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An and an application for a certificate of title for a motor vehicle may be submitted separately from the appli cation for the registration of such motor vehicle.
(3) In calendar year 1997, motor vehicles registered in this state prior to January 1, 1997, shall:

MONDAY, MARCH 18, 1996

1943

(A) In those counties which, prior to January 1, 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due; or
(B) In those counties which, prior to January 1, 1996, do not have a four-month stag gered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions ex cept to the extent provided by Code Section 40-2-37;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;
(3) To any trailer which has no springs and which is being employed in hauling un processed farm products to their first market destination;
(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;
(5) To any motorized cart; or
(6) To any moped.
(c) Any person who fails to register a new or used motor vehicle within 2i 30 days of its purchase as required in subsection (a) of this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."
SECTION 3.
Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety, and inserting in lieu thereof the following:
"40-2-21.
(a) As used in this chapter, the term:
(A) For natuial persons, the surname of Lhe uwnei whose name appears first on the cei'tilitatti of title ui other record of ownership; or
(D) For entities other than natural pei&oiih, the first letter ui wurd uf the owner wliobe name appeals, Hist un the certificate uf title 01 other I'uuurd uf ownership.
(2) (1) 'Registration period' means:
(A) The month of January fui an owner whose name begins with the letter A, D, 0, or
(D) The month of February for an owner whose name begins, with the letter E, F, O, II, I, J, or K,
(C) The month of March for an owner whose name begins with the letter L, M, N, O, P, Q, or R, 01 (D) From April 1 until on or before May 1 for an uwner whose name begins with the letter G, T, U, V, W, X, Y, or Z.
(A) In all counties except those for which a local Act has been enacted pursuant to this Code section?
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or

1944

JOURNAL OF THE SENATE

(ii) For entities other than natural persons:
B(I;) The month of January for the owner whose name begins with the letter A or"
(II) The month of February for the owner whose name begins with the letter C or B;
(III) The month of March for the owner whose name begins with the letter E or Fj
(IV) The month of April for the owner whose name begins with the letter G or H;
(V) The month of May for the owner whose name begins with the letter I or J;
(VI) The month of June for the owner whose name begins with the letter K or L;
(VII) The month of July for the owner whose name begins with the letter M or N;
(VIII) The month of August for the owner whose name begins with the letter O orT;
(I)) T--h--e --m--o--nt--h --of--S--ep--te--m--b--e--r f--or--t--he--o--w--n--er--w--h--os--e--na--m--e--b--eg--i--ns--w--i--th--th--e--l--et--te--r --Q
(X) The month of October for the owner whose name begins with the letter S or Tj
(XI) The month of November for the owner whose name begins with the letter U, V, or W; and
X(X, IYI), TorheZ;moof--nt--h --of--D--e--ce--m--b--er--f--or--t--he----ow--n--e--r w--h--o--se--n--a--m--e--b--eg--in--s--w--i--th--t--he--l--e--tte--r
(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January 1 through April 30 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or
(B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
(i) For natural persons:
(I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and
(IV) The month of April for the owner whose surname appears first on the certif icate of title or other record of ownership and whose birthday is in the month of October, November, or December; or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name begins with the letter A, B, C, or D;
(II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
(III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; an3
(IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or

MONDAY, MARCH 18, 1996

1945

(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January 1 through April 30 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or
(C) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding re gistration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-ggT

(9X2) Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.

(.0) i lie JuXC~6iptJ IS3.U.tilOf12&tl ~~i.il SUDSeCtiOii \C/ Ot tiliSv/OCrc SSCtiOH,~~i.il cclCllCOUilty tO
which the provisions uf this Code section are made lu apply at> piuvided in sub&ectiori (0 of this Code section, the owner of every vehicle registered in the previous calendar year shall, between Januaiy 1 and May 1 of each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to must register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee ur the lusher.
(c) The owner of any vehicle registered in the previous calendar year who moves his or her residence butweeii January 1 aiiJ May 1 fium a county to which this Code sectiuiils nut applicable tu a cuuiity lu which tlil& Cude sccliuii is applicable from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between January 1 and May I after new owner's registration period who resides in a county tu which this Code suction is applicable which has a staggerecTregistration period shall, unless such vehicle has been legislered during the current calendar year a current registration, register and obtain a license to operate such vehicle prior to the last day of the such new owner's icaewal registration period or, if such renewal regis tration period has passed for that year at the time of the change of residence or at the time of transfer, on or before MayHr not later than 30 days following the date of the change of residence or the date of transfer.

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I The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20.

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provisions ol tiiis t/ode sectiOii pu.iLsuan.c t^o & local law ^11acted uy trie \jrciicinii AfeStiiiDiy and shall apply beginning January 1 of the calendar year specified in such local law. If sueli local la^v is conuitioiied upon approval iii a ffelerGiiuUjj.i, tlic icsiilts or sucii rei6i*eiT" dum shall be miified to the Depaitmeat of Revenue. Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a

1946

JOURNAL OF THE SENATE

nonstaggered registration period of four months. If such local law is conditioned upon

approval in a referendum, the results of such referendum shall be verified to the Depart

ment of Revenue!

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SECTION 4.

Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-31.
(a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign to the vehicle a license plate bearing a distinctive number.
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, ex-
CcjjL UlclL liCGilSG1 j[^i<iLcib ifi&Ucu 101* VdliClfeS 111 tiA-OcifeS OI s*ijUUU pOUHuS S113.ll DC J-SSUtiu
annually and no Tevalidation decal shall be issued for such plates. Metal licenses issued on or after January 1, 1983, may be used until Deceaibei 31, 1989. Metal license plates issued on or after January 1, 1990 1997, shall be used for a period of five years. Dicenteniiicii licenses ^jiat^s issutid in J.yvu oH.ari riot D&Tiseci ai
(c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet.
(d) In those years in which a metal plate is not issued, a revalidation decal with a distinc tive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle which shall indicate the year and month through which the regis tration of the vehicle shall be valid; provided, however, that if the commissioner deter mines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal.
(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other informa tion required to be present on the plate. A omnly decal shall be issued with each
i'c VctliuiclLiuii ucCcil iSSUeu 111 .Li/ oil &ilu Sfl fl.il uc pi ujjcfiy clliiAcn-l td trie liCcllSc jjIclLtf.
(f) A county tag agent shall issue a county name decal for the agent's county only if:
(1) The applicant is a resident of or a business located in vehicle fui which Hie decal is issued is cmTuiitly registered jit the county named on the decal;
(2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to registration fur the

MONDAY, MARCH 18, 1996

1947

vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or and
(3) The An application for registration of the vehicle fui which the decal it> issued is being made in the county named on the decal."
SECTION 5.
Said chapter is further amended by striking Code Section 40-2-40, relating to the registra tion of delinquent vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-40.
(a) On and after May 2 in each year, the The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current yean shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, 011 May 2 and thereafter after the expiration of the owner's registration period, be subject to a pen alty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to May 2 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 3& 30 days of its purchase.
(b) All applications for the registration of a delinquent vehicle shall, before being ac cepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax com missioner, or a tax collector. The officer endorsing the delinquent application shall indi cate, with his endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section and the sum of $1.00, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant.
(c) All penalties assessed under this Code section shall be accredited in the office of the tag agent when received in the name of the officer making the endorsement, without regard to the residence of the applicant, whether such penalty is received through the exercise of such officer's authority as an arresting officer or through appearance of the applicant at his office for proper endorsement on an application.
(d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state highway patrolmen, state revenue special agents or enforcement officers, or Department of Transportation enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered.
(e) The penalty levied and designated in this Code section shall be waived if the penalty
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SECTION 6.
Said chapter is further amended by striking Code Section 40-2-65, relating to special li cense plates for active reserve components of the United States, in its entirety and in serting in lieu thereof the following:
"40-2-65.
(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for

1948

JOURNAL OF THE SENATE

whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licens ing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be enti tled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 4810-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one addi tional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the United States military reserve.' The major commanders of each active reserve compo nent program shall furnish to the commissioner each year prior to the date that liteiihb plates aie is&ued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each yeai piiui1 to the date that license plates are is sued a list of the members of that state's National Guard unit who reside in Georgia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the United States military reserve,' such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such re servist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regula tion. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate or license plates be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free li cense plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been dis charged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after he has purchased purchas ing a regular license plate for the his or her current year registration period, the com manding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the com missioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such a new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private

MONDAY, MARCH 18, 1996

1949

passenger cars and trucks before issuing these plates in lieu of the regular Georgia li cense plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 7.
Said chapter is further amended by striking Code Section 40-2-66, relating to special li cense plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"40-2-66.
(a)(l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner cacli yeai, prior tu the date that license plates are issued, a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each re tired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual regis tration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, piiui lu lliu dale thai license plates are issued, a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words "National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard ac quire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired

1950

JOURNAL OF THE SENATE

motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharge member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commis sioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, on 01 before March 1 in each .yeai, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce compli ance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specif ically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 8.
Said chapter is further amended by striking Code Section 40-2-67, relating to special li cense plates for state commanders of nationally chartered veterans' organizations, in its entirety and inserting in lieu thereof the following:
"40-2-67.
(a) The state commanders of nationally chartered veterans' organizations, upon applica tion and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-231 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner.

MONDAY, MARCH 18, 1996

1951

(b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but may be transferred to another vehicle as provided in Code Section 40-2-80, except thatrantt such plates shall not be used by any person after -he hah vacated vacating the office of com mander of any of the organizations enumerated in this Code section."
SECTION 9.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, in its entirety and inserting in lieu thereof the following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are resi dents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates may be transferred to another vehicle as provided in Code Section 40-2-80."
SECTION 10.
Said chapter is further amended by striking Code Section 40-2-70, relating to special li cense plates for certain disabled veterans, in its entirety and inserting in lieu thereof the following:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate may be transferred to another vehicle as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Depart ment of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of vet erans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 11.
Said chapter is further amended by striking Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, in its entirety and in serting in lieu thereof the following:
"40-2-71.
(a) The commissioner is directed to furnish the license plates provided for in Code Sec tions 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each

1952

JOURNAL OF THE SENATE

plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words 'Disabled Veteran' or 'Disabled Vet."
(b) Such license plates so issued shall be iiontraiisferable may be transferred to another vehicle as provided in Code Section 40-2-80.
(c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section."
SECTION 12.
Said chapter is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registra tion fees, shall be issued additional distinctive personalized license plates. Such license plates may be transferred to another vehicle as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles."
SECTION 13.
Said chapter is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for persons with disabilities, in its entirety and inserting in lieu thereof the following:
"(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section may be transferred to another vehicle as provided in Code Section 40-2-80.''
SECTION 14.
Said chapter is further amended by striking subsection (c) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof the following:
"(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passen ger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall may be 11011 transferable transferred to another vehicle as provided in Code Section 40-2^0?'
SECTION 15.
Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows:
"48-5-451.
Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00 $5.00, whichever is greater, for his the failure to make the return or pay the tax in accordance with this article, provided Ihat such penally shall in iw event be levied ^}i lOi* to jy.i.3.y tt iiotwitnst3.11cim^ tiicit t>H6 owner i&ii^u. to iic^iStciL su.cri vGiiicic WHHAH ^L
Q3.yS OT ZtS pUi'CliciSG.

MONDAY, MARCH 18, 1996

1953

SECTION 16.

This Act shall become effective on January 1, 1997.

SECTION 17.

Any local Act enacted pursuant to Code Section 40-2-21 which is in conflict with the provi sions of this Act shall stand repealed on the effective date of this Act; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(l)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act.

SECTION 18.

Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed.

SECTION 19.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 280.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Burton

Egan Oliver

Taylor Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 280.

1954

JOURNAL OF THE SENATE

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

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

HB 1902. By Representative Greene of the 158th: A bill to create the Board of Commissioners of Stewart County.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on HB 1265 recommends that both the Senate and House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1265 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator George Hooks 14th District

/s/ Representative Terry Coleman 142nd District

/s/ Senator Charles Walker 22nd District

/s/ Representative Larry Walker 141st District

/s/ Senator Walter Ray 19th District

/s/ Representative Tom Buck 135th District

Conference Committee 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, including unappropriated surplus, reserves and a revenue estimate of $10,629,000,000 (ex cluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997.

MONDAY, MARCH 18, 1996

1955

PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly ................................. .$26,278,571 Personal Services--Staff ...................................... .$14,022,258 Personal Services--Elected Officials .............................. $3,840,461 Regular Operating Expenses .................................... $2,639,647 Travel--Staff.................................................... $98,000 Travel--Elected Officials ........................................... $7,000 Capital Outlay .................................................... $--0-- Per Diem Differential............................................ $585,000 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 ......................................... $26,278,571 State Funds Budgeted ......................................... $26,278,571

Senate Functional Budgets Total Funds

Senate and Research Office

$ 4,107,790

Lt. Governor's Office

$

658,038

Secretary of the Senate's Office

$ 1,181,350

Total

$ 5,947,178

State Funds 4,107,790 658,038 1,181,350 5,947,178

House Functional Budgets Total Funds

House of Representatives and Research Office

10,634,940

Speaker of the House's Office

553,080

Clerk of the House's Office

1,413,794

Total

12,601,814

State Funds 10,634,940 553,080 1,413,794 12,601,814

Joint Functional Budgets Total Funds

Legislative Counsel's Office

2,781,605

Legislative Fiscal Office

2,272,611

Legislative Budget Office

1,006,538

Ancillary Activities

1,291,672

Budgetary Responsibility Oversight Committee

377,153

Total

$ 7,729,579

State Funds

$ 2,781,605

$ 2,272,611

$ 1,006,538

$ 1,291,672

$

377,153

$ 7,729,579

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

1956

JOURNAL OF THE SENATE

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 .............................. .$19,706,494 Personal Services ............................................. $16,470,396 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 ......................................... $19,706,494 State Funds Budgeted ......................................... $19,706,494
PART II.
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch ................................... .$85,346,430 Personal Services ............................................ .$12,311,126 Other Operating ..............................................$70,149,871 Prosecuting Attorney's Council................................... $2,227,465 Judicial Administrative Districts ................................. $1,346,564 Payment to Council of Superior Court Clerks ........................ $26,240 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $683,800 Total Funds Budgeted ......................................... $87,045,066 State Funds Budgeted ........................................ .$85,346,430

MONDAY, MARCH 18, 1996

1957

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 6,641,102

Court of Appeals

$ 7,945,611

Superior Court--Judges

$ 35,735,637

Superior Court--District Attorneys

$ 27,700,551

Juvenile Court

$ 1,053,172

Institute of Continuing Judicial Education

$

758,378

Judicial Council

$ 2,026,094

Judicial Qualifications Commission

$

168,197

Indigent Defense Concil

$ 3,000,000

Georgia Courts Automation Commission

$ 1,767,256

Georgia Office of Dispute Resolution

$

249,068

Total

$ 87,045,066

State Funds

$ 6,015,631

$ 7,895,611

$ 35,667,637

$ 26,745,386

$ 1,053,172

$

758,378

$ 2,026,094

$

168,197

$ 3,000,000

$ 1,767,256

$

249,068

$ 85,346,430

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............ .$42,233,157
Personal Services .............................................$50,508,741 Regular Operating Expenses ................................... $12,758,301 Travel ......................................................... $432,865 Motor Vehicle Purchases ......................................... $696,459 Equipment .................................................... $1,517,294 Computer Charges ............................................ $16,539,556 Real Estate Rentals ............................................ $3,529,997 Telecommunications ............................................ $2,881,122 Per Diem, Fees and Contracts ................................... $2,809,296 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 ....................................................... $550,000 Direct Payments to Georgia Building Authority for
Operations ................................................... $540,699 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 ....................................... .$185,912,104 State Funds Budgeted ......................................... $42,233,157

Departmental Functional Budgets Total Funds

Executive Administration

$ 2,244,975

Departmental Administration

$ 2,188,359

Statewide Systems

$ 12,701,985

Space Management

$

530,934

Procurement Administration

$ 3,061,819

General Services

$

617,501

State Funds

$ 1,662,773

$ 2,057,172

$ 9,727,188

$

530,934

$ 3,061,819

$

--0--

1958

JOURNAL OF THE SENATE

Central Supply Services

$ 20,929,144 $

--0--

Data Processing Services

$ 44,756,080 $ 14,069,599

Motor Vehicle Services

$ 4,580,312 $

--0--

Communication Services Printing Services

$ 78,138,178 $ $ 3,252,953 $

5,850,000 ---0--

Surplus Property

$ 2,662,254 $

--0--

Mail and Courier Services

$ 1,300,879 $

--0--

Risk Management

$ 3,652,876 $

700,000

State Properties Commission

$

668,788 $

668,788

Distance Learning and Telemedicine Office of the Treasury

$

--0-- $

--0--

$

965,065 $

519,051

State Office of Administrative Hearings Total

$ 3,660,002 $ 3,385,833 $ 185,912,104 $ 42,233,157

B. Budget Unit: Georgia Building Authority ............................ $--0-- Personal Services ............................................ .$22,260,369 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.................................................. $550,000 Utilities.......................................................... $--0-- Contractual Expense .............................................. $--0-- Facilities Renovations and Repairs .................................. $--0-- Total Funds Budgeted ........................................ .$37,538,499 State Funds Budgeted ............................................. $--0--

Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total

Departmental Functional Budgets Total Funds

$ 2,035,634

$ 5,475,952

$ 4,453,839

$ 6,785,722

$

382,451

$ 4,097,175

$ 12,927,239

$

451,635

$

928,852

$ 37,538,499

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture......................... $38,270,166
Personal Services ............................................ .$32,289,979 Regular Operating Expenses .................................... $4,514,508 Travel ......................................................... $959,114 Motor Vehicle Purchases ......................................... $692,227

MONDAY, MARCH 18, 1996

1959

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 ......................................... $2,719,702 Veterinary Fees................................................. $312,000 Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $633,431 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 ........................................ .$50,001,824 State Funds Budgeted ......................................... $38,270,166

Departmental Functional Budgets Total Funds

State Funds

Plant Industry Animal Industry

$ 8,278,240 $ 7,497,240 $ 15,989,933 $ 12,857,798

Marketing

$ 6,875,043 $ 3,200,043

Internal Administration

$ 6,444,560 $ 6,175,060

Fuel and Measures

$ 3,590,525 $ 3,460,825

Consumer Protection Field Forces

$ 8,241,420 $ 5,079,200

Seed Technology Total

$

582,103 $

--0--

$ 50,001,824 $ 38,270,166

B. Budget Unit: Georgia Agrirama Development Authority ............... $--0-- Personal Services ............................................... $894,967
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 .......................................... $1,375,300
State Funds Budgeted ............................................. $--0--

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................. $9,318,265 Personal Services .............................................. $7,701,330 Regular Operating Expenses ..................................... $455,685 Travel ......................................................... $400,000

1960

JOURNAL OF THE SENATE

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 .......................................... $9,318,265 State Funds Budgeted .......................................... $9,318,265

Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$137,198,138 Personal Services ............................................. $84,478,421 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 ................................... $5,045,409 Utilities.............................................. \........ $2,382,853 Institutional Repairs and Maintenance ............................ $509,559 Grants to County-Owned Detention Centers ....................... $3,715,495 Service Benefits for Children ................................... $17,610,980 Purchase of Service Contracts .................................. $17,129,342 Capital Outlay .................................................... $--0-- Total Funds Budgeted ....................................... .$142,719,890 State Funds Budgeted ....................................... .$137,198,138

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 32,131,875

Milledgeville State YDC

$ 15,263,805

Augusta State YDC

$ 13,211,291

Atlanta State YDC

$ 6,759,822

Macon State YDC

$ 5,543,517

Court Services

$ 19,060,780

Community Treatment Centers

$

--0--

Day Centers

$

496,745

Group Homes

$ 1,043,480

Purchased Services

$ 36,005,238

Runaway Investigation/Interstate Compact

$

996,262

Assessment and Classification

$

591,587

Youth Services Administration

$ 7,669,558

Multi-Service Centers

$ 3,945,930

Total

$ 142,719,890

State Funds

$ 30,153,314

$ 14,540,112

$ 12,390,355

$ 6,428,866

$ 5,206,920

$ 18,913,976

$

--0-

$

496,745

$ 1,043,480

$ 34,911,033

$

996,262

$

591,587

$ 7,669,558

$ 3,855,930

$ 137,198,138

Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs.................... $40,635,112 Personal Services .............................................. $6,167,136 Regular Operating Expenses ..................................... $334,749 Travel ......................................................... $167,696

MONDAY, MARCH 18, 1996

1961

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 with Regional Planning and Development................ $2,167,374 Local Assistance Grants ....................................... $17,412,335 Appalachian Regional Commission Assessment ..................... $112,439 Community Development Block Grants (Federal) ................. $30,000,000 National and Community Service Program ........................... $--0-- Payments to Music Hall of Fame Authority ........................ $715,278 Payments to Sports Hall of Fame ................................. $281,541 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 ............ $2,407,840 Regional Economic Business Assistance Grants .................... $6,650,000 Local Government Efficiency Grant Program ....................... $500,000 State Commission on National and Community Service .............. $214,856 Business Flood Disaster Recovery Program........................... $--0-- EZ/EC Administration ........................................... $209,499 Capital Felony Expenses ........................................... $--0-- Total Funds Budgeted ........................................ .$76,410,979 State Funds Budgeted ........................................ .$40,635,112

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 39,810,207

Planning, Information and Management Division

$ 3,852,592

Business and Financial Assistance Division

$ 32,748,180

Total

$ 76,410,979

State Funds $ 35,272,840
$ 3,678,064 $ 1,684,208 $ 40,635,112

Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........ .$675,173,004
Personal Services ........................................... .$480,202,792 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 ................................... $6,964,855 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

1962

JOURNAL OF THE SENATE

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 ....................................... .$695,760,881 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$675,173,004

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 77,582,278 $ 75,587,278

Institutions and Support

$ 510,037,754 $ 495,706,489

Probation

$ 108,140,849 $ 103,879,237

Total

$ 695,760,881 $ 675,173,004

B. Budget Unit: Board of Pardons and Paroles ...................... $43,239,164 Personal Services ............................................ .$33,387,213 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 ........................................ .$43,239,164
State Funds Budgeted ........................................ .$43,239,164

Section 10. Department of Defense. Budget Unit: Department of Defense............................... $4,230,851
Personal Services .............................................. $9,103,886 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 ........................................ .$15,780,248 State Funds Budgeted .......................................... $4,230,851

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,443,315

Georgia Air National Guard

$ 5,220,673

Georgia Army National Guard

$ 9,116,260

Total

$ 15,780,248

State Funds

$ 1,404,166

$

509,289

$ 2,317,396

$ 4,230,851

MONDAY, MARCH 18, 1996

1963

Section 11. State Board of Education Department of Education A. Budget Unit: Department of Education ....................... $4,035,960,314
Operations: Personal Services ............................................. $32,159,685 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 Per Diem, Fees and Contracts .................................. $18,698,646 Utilities ........................................................ $912,272 Capital Outlay .................................................... $---0---
QBE Formula Grants: Kindergarten/Grades 1-3 ..................................... .$997,621,233 Grades 4-8 ..................................................$856,200,685 Grades 9-12 .................................................$350,962,605 High School Laboratories ..................................... $168,564,020 Vocational Education Laboratories ............................ .$111,007,756 Special Education ............................................ $384,401,822 Gifted ...................................................... .$58,064,303 Remedial Education ........................................... $89,508,479 Staff Development and Professional Development ................ .$33,759,340 Media ......................................................$106,022,187 Indirect Cost ................................................$691,835,455 Pupil Transportation ......................................... $142,429,530 Local Fair Share ........................................... $(673,892,309) Mid-Term Adjustment Reserve...................................... $--0-- Teacher Salary Schedule Adjustment................................ $--0--
Other Categorical Grants: Equalization Formula ....................................... .$165,250,422 Sparsity Grants................................................ $3,609,604 In School Suspension .......................................... $25,291,984 Special Instructional Assistance ................................ $87,838,070 Middle School Incentive....................................... .$77,226,063 Special Education Low-Incidence Grants ........................... $563,759 Limited English-Speaking Students Program ..................... $14,363,735
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................................. $44,078,591 School Lunch (Federal) ...................................... .$188,375,722 School Lunch (State) .......................................... $29,128,663 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification ................... $1,491,147 Regional Education Service Agencies ............................. $9,722,497 Georgia Learning Resources System .............................. $3,489,010 High School Program .......................................... $21,712,907 Special Education in State Institutions ........................... $5,041,480 Governor's Scholarships......................................... $1,720,000 Counselors .................................................... $7,580,313 Vocational Research and Curriculum .............................. $293,520 Even Start ....................................................$2,720,906

1964

JOURNAL OF THE SENATE

Salaries and Travel of Public Librarians ......................... $13,194,595 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 Drug 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 ............................... $16,877,102 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 .......................................... $15,289,138 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,535,002,896 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $4,035,960,314

Departmental Functional Budgets Total Funds

State Administration

$ 6,133,471

Instructional Services Governor's Honors Program

$ 22,722,235 $ 1,217,128

Administrative Services

$ 16,255,601

Special Services

$ 5,203,803

Professional Practices Commission Local Programs

$ 1,100,049 $ 4,466,921,216

Georgia Academy for the Blind

$ 5,399,800

Georgia School for the Deaf

$ 5,002,287

Atlanta Area School for the Deaf

$ 5,047,306

Total

$ 4,535,002,896

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

State Funds $ 5,244,236 $ 17,909,854 $ 1,139,539 $ 11,752,413 $ 2,265,454 $ 1,100,049 $ 3,981,855,412 $ 5,146,415 $ 4,773,191 $ 4,773,751 $ 4,035,960,314
$283,218,263 $185,136,919
$3,650,000 ......... $--0--

MONDAY, MARCH 18, 1996

1965

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 ....................................... .$283,218,263 Lottery Funds Budgeted ..................................... .$283,218,263

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 ............................... $35,443,370 Personal Services ............................................. $29,678,437 Regular Operating Expenses .................................... $5,781,558 Travel ......................................................... $159,937 Motor Vehicle Purchases ......................................... $921,785 Computer Charges .............................................. $310,500 Equipment .................................................... $1,580,419 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 ........................................ .$40,350,065 State Funds Budgeted ........................................ .$35,443,370

Departmental Functional Budgets Total Funds

Reforestation

$ 1,815,460

Field Serivces

$ 34,516,822

General Administration and Support

$ 4,017,783

Total

$ 40,350,065

State Funds

$

25,142

$ 31,568,600

$ 3,849,628

$ 35,443,370

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...................... $46,619,323 Personal Services ............................................. $35,463,836 Regular Operating Expenses .................................... $3,998,630

1966

JOURNAL OF THE SENATE

Travel ......................................................... $463,187 Motor Vehicle Purchases ......................................... $476,558 Equipment ..................................................... $606,640 Computer Charges .............................................. $680,837 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 ........................................ .$46,619,323 State Funds Budgeted ......................................... $46,619,323

Departmental Functional Budgets Total Funds

Administration

$ 3,803,372

Investigative

$ 24,683,509

Georgia Crime Information Center

$ 7,965,488

Forensic Sciences

$ 10,166,954

Total

$ 46,619,323

State Funds $ 3,803,372 $ 24,683,509 $ 7,965,488 $ 10,166,954 $ 46,619,323

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor............................ .$31,288,257
Personal Services ............................................ .$15,321,148 Regular Operating Expenses ..................................... $978,487 Travel ......................................................... $273,239 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $65,776 Computer Charges .............................................. $585,327 Real Estate Rentals ............................................ $1,014,258 Telecommunications ............................................. $458,681 Per Diem, Fees and Contracts ................................... $4,343,390 Cost of Operations ............................................. $3,432,344 Mansion Allowance ............................................... $40,000 Governor's Emergency Fund ..................................... $4,000,000 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 ........................................ .$38,459,653 State Funds Budgeted ......................................... $31,288,257

Departmental Functional Budgets Total Funds

Governor's Office

$ 7,637,344

Office of Fair Employment Practices

$

981,413

Office of Planning and Budget

$ 7,690,762

State Funds

$ 7,637,344

$

823,413

$ 7,590,762

MONDAY, MARCH 18, 1996

1967

Council for the Arts Office of Consumer Affairs Georgia Information Technology Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Governor's Commission for the Privatization of
Government Services Vocational Education Advisory Council Total

$ 5,215,130 $ 4,420,782

$ 3,251,629 $ 3,251,629

$

342,373 $

342,373

$ 1,361,166 $

421,847

$ 1,884,223 $

531,223

$

313,156 $

313,156

$ 4,389,399 $ 4,389,399

$ 5,009,163 $ 1,182,434

$

94,895 $

94,895

$

200,000 $

200,000

$

89,000 $

89,000

$ 38,459,653 $ 31,288,257

Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations........................ .$703,602,629
1. General Administration and Support Budget: Personal Services ............................................ .$51,827,306 Regular Operating Expenses .................................... $2,159,717 Travel ........................................................ $1,344,087 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 ....................................... .$170,538,703 Indirect DOAS Services Funding.................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 5,723,033

Budget Administration

$ 2,153,019

Office of Children and Youthh

$ 46,498,389

Administrative Support Servviicces

$ 20,166,502

Facilities Management

$ 5,480,691

Regulatory Services--I am Direction and Support

$

877,102

Child Care Licensing

$ 3,198,523

Health Care Facilities Reguilation

$ 9,960,897

Fraud and Abuse

$ 6,297,278

Financial Services

$ 6,178,684

State Funds $ 5,723,033 $ 2,153,019 $ 33,347,726 $ 18,523,348 $ 4,226,695

$

867,102

$ 3,198,523

$ 4,226,414

$ 2,322,749

$ 5,978,684

1968

JOURNAL OF THE SENATE

Auditing Services

1,845,416

1,845,416

Personnel Administration Indirect Cost

1,792,905 --0--

1,792,905 (8,505,478)

Public Affairs

485,785

485,785

Aging Services

56,480,871

27,891,704

State Health Planning Agency

1,695,639

1,615,639

DD Council

1,703,969

51,163

Total

170,538,703 $ 105,744,418

2. Public Health Budget: Personal Services ............................................. $54,525,860 Regular Operating Expenses ................................... $75,544,729 Travel ......................................................... $984,162 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $501,177 Real Estate Rentals ............................................ $1,483,527 Per Diem, Fees and Contracts ................................... $4,182,623 Computer Charges ............................................. $1,646,431 Telecommunications ............................................ $1,260,661 Special Purpose Contracts........................................ $580,732 Purchase of Service Contracts .................................. $12,233,236 Grant-In-Aid to Counties..................................... .$127,749,995 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $125,529 Medical Benefits ............................................... $4,462,872 Total Funds Budgeted ....................................... .$285,316,034 Indirect DOAS Service Funding................................... $549,718 State Funds Budgeted ....................................... .$155,470,170

Departmental Functional Budgets btal Funds

District Health Administration

12,912,404

Newborn Follow-Up Care

1,432,305

Oral Health

1,526,075

Stroke and Heart Attack Prevention

2,303,231

Sickle Cell, Vision and Hearing

4,221,570

High-Risk Pregnant Women and Infants

5,289,085

Sexually Transmitted Diseases

2,246,391

Family Planning

10,622,208

Women, Infants and Children Nutrition

83,023,436

Grant in Aid to Counties

66,560,208

Children's Medical Services

13,247,822

Emergency Health

3,240,976

Primary Health Care

1,921,994

Epidemiology

493,806

Immunization

1,009,244

Community Tuberculosis Control

6,160,873

Family Health Management

1,143,640

Infant and Child Health

1,189,590

State Funds

$ 12,782,729

$ 1,253,109

$ 1,203,900

$ 1,232,272

$ 3,806,565

$ 5,177,085

$

310,937

$ 5,755,192

$

-- 0--

$ 65,575,072

$ 5,925,874

$ 1,927,794

$ 1,774,413

$

341,024

$

-- 0--

$ 4,663,907

$

824,068

$

490,778

MONDAY, MARCH 18, 1996

1969

Maternal Health--Perinatal

2,455,855

937,945

Chronic Disease

474,068

474,068

Diabetes

556,495

556,495

Cancer Control Director's Office

4,799,455 1,248,503

4,799,455 1,051,278

Injury Control

419,838

216,973

Health Program Management Vital Records Health Services Research Environmental Health

1,862,931 1,956,452 2,751,587
887,072

1,862,931 1,718,713 2,528,769
697,999

Laboratory Services

6,321,774

6,051,774

Community Care Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health

4,286,886
136,214 9,856,546 9,215,767 3,250,000 3,259,555

1,611,282 136,214
5,107,508 745,341
2,493,380 2,135,951

Public Health--Planning Councils

174,591

157,094

Early Intervention Public Health--Division Indirect Cost

12,857,587 --0--

10,677,999 (1,535,718)

Total

285,316,034

155,470,170

3. Rehabilitation Services Budget: Personal Services ............................................ .$78,176,074 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 ................................. $11,323,436 Institutional Repairs and Maintenance ............................ $215,000 Utilities........................................................ $937,269 Postage ........................................................ $817,786 Total Funds Budgeted ....................................... .$149,381,470 Indirect DOAS Service Funding................................... $100,000 State Funds Budgeted ......................................... $23,764,351

District Field Services Independent Living Sheltered Employment Community Facilities

Departmental Functional Budgets Total Funds

$ 50,225,296

$

919,558

$ 1,752,185

$ 10,185,560

State Funds

$ 9,902,922

$

607,201

$

790,266

$ 3,630,710

1970

JOURNAL OF THE SENATE

State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication

7,074,449 $ 809,166 $
4,449,032 714,540
35,629,124

1,153,558 -- 0--
1,375,106 714,540 --0--

Georgia Factory for Blind

12,614,904

900,703

Roosevelt Warm Springs Institute

$ 25,007,656 $ 4,689,345

Total

$ 149,381,470 $ 23,764,351

4. Family and Children Services Budget: Personal Services ............................................. $47,464,566 Regular Operating Expenses .................................... $4,742,042 Travel ......................................................... $967,632 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $400,080 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 .......................................... $2,211,103 Cash Benefits ............................................... .$413,875,732 Special Purpose Contracts ....................................... $5,272,883 Service Benefits for Children ................................. .$217,877,671 Purchase of Service Contracts ................................. .$14,986,256 Postage ....................................................... $4,425,956 Grants to County DFACS--Operations ........................ .$295,896,802 Total Funds Budgeted ...................................... $1,070,462,205 Indirect DOAS Services Funding ................................. $2,565,582 State Funds Budgeted ....................................... .$418,623,690

Departmental Functional Budgets Total Funds

Director's Office

383,413

Social Services

4,497,072

Administrative Support

6,322,234

Quality Assurance

4,048,422

Community Services

11,716,524

Field Management

920,036

Human Resources Management

3,364,632

Public Assistance

30,943,716

Employment Services

1,640,152

Child Support Recovery

66,523,060

AFDC Payments

402,036,612

SSI-- Supplemental Benefits

100

Refugee Programs

2,799,420

Energy Benefits

9,893,600

County DFACS Operations-- Eligibility

113,143,816

County DFACS Operations-- Social Services

92,093,148

Food Stamp Issuance

3,190,752

State Funds

$

383,413

$ 3,969,969 $ 5,251,960 $ 4,048,422

$

480,299

$

920,036

$ 2,472,615

$ 13,263,776

$ 1,640,152

$ 5,226,150

$ 154,222,350

$

100

$

-- 0--

$

-- 0--

$ 56,605,568

$ 33,032,412

$

--0--

MONDAY, MARCH 18, 1996

1971

County DFACS Operations--Homemakers Services

$ 8,435,211 $ 2,586,800

County DFACS Operations--Joint and Administration

$ 62,945,236 $ 32,021,872

County DFACS Operations--Employability Program
Employability Benefits

$ 19,279,391 $ 26,830,224

8,017,486 11,206,449

Legal Services

$ 3,190,503

2,420,990

Family Foster Care

$ 32,960,883

18,405,691

Institutional Foster Care Specialized Foster Care

$ 10,757,999 $ 5,845,856

7,283,205 4,248,383

Adoption Supplement Prevention of Foster Care

$ 12,468,472 $ 11,544,785

9,374,838 7,408,642

Day Care Outreach--Contracts

$ 118,285,892

$

--0--

38,486,937 --0--

Special Projects Children's Trust Fund Indirect Cost

$ 2,189,941

$ 2,211,103

$

--0--

2,165,709 2,211,103 (8,731,637)

Total

$ 1,070,462,205

418,623,690

Budget Unit Object Classes: Personal Services ........................................... .$231,993,806 Regular Operating Expenses ................................... $94,973,446 Travel ........................................................ $4,514,869 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 .......................................... $2,211,103 Cash Benefits................................................$413,875,732 Special Purpose Contracts....................................... $6,842,860 Service Benefits for Children ................................. .$264,364,060 Purchase of Service Contracts .................................. $74,809,270 Grant-In-Aid to Counties..................................... .$127,749,995 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 ........................ .$295,896,802 Medical Benefits ............................................... $4,462,872

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................. .$510,059,039 Personal Services ........................................... .$361,024,936 Operating Expenses .......................................... .$57,904,598 Motor Vehicle Equipment Purchases .............................. $769,533 Utilities..................................................... .$11,595,417 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$273,179,392 Total Funds Budgeted ........................................ $706,601,666

1972

JOURNAL OF THE SENATE

Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$510,059,039

Departmental Functional Budgets Total Funds

Southwestern State Hospital

$ 41,113,165

Brook Run

$ 31,697,562

Georgia Mental Health Institute

$ 24,418,273

Georgia Regional Hospital at Augusta

$ 22,559,920

Northwest Regional Hospital at Rome

$ 28,878,781

Georgia Regional Hospital at Atlanta

$ 30,019,769

Central State Hospital

$ 135,385,724

Georgia Regional Hospital at Savannah

$ 20,584,213

Gracewood State School and Hospital

$ 53,750,312

West Central Regional Hospital

$ 20,408,161

Outdoor Therapeutic Program

$ 3,995,292

Metro Drug Abuse Centers

$ 1,717,088

Community Mental Health Services

$ 118,725,917

Community Mental Retardation Services

$ 104,163,673

Community Substance Abuse Services

$ 54,113,451

State Administration

$ 10,458,385

Regional Administration

$ 4,611,980

Total

$ 706,601,666

State Funds $ 26,550,099 $ 14,859,448 $ 22,500,471 $ 20,673,028 $ 22,006,682 $ 25,464,778 $ 88,884,752 $ 18,902,892 $ 24,426,776 $ 17,621,922 $ 3,086,357 $ 1,521,588 $ 112,506,177 $ 67,848,342 $ 31,587,611 $ 7,153,784 $ 4,464,332 $ 510,059,039

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism.......... .$20,841,481 Personal Services .............................................. $9,726,714 Regular Operating Expenses .................................... $1,623,319 Travel ......................................................... $347,500 Motor Vehicle Purchases .......................................... $31,100 Equipment ..................................................... $100,375 Computer Charges .............................................. $142,000 Real Estate Rentals ............................................. $999,191 Telecommunications ............................................. $323,058 Per Diem, Fees and Contracts ................................... $1,137,360 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 ........................................ .$21,097,481 State Funds Budgeted ......................................... $20,841,481

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 9,417,192 $ 4,610,936 $ 1,649,720 $ 5,419,633 $ 21,097,481

State Funds $ 9,417,192 $ 4,510,936 $ 1,649,720 $ 5,263,633 $ 20,841,481

MONDAY, MARCH 18, 1996

1973

Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,205,413 Personal Services ............................................. $13,594,230 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 ......................................... $16,512,068 State Funds Budgeted ........................................ .$15,205,413

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,448,673

Insurance Regulation

$ 6,615,343

Industrial Loans Regulation

$

517,776

Fire Safety and Mobile Home Regulations

$ 4,930,276

Total

$ 16,512,068

State Funds

$ 4,448,673

$ 6,615,343

$

517,776

$ 3,623,621

$ 15,205,413

Section 19. Department of Labor. Budget Unit: Department of Labor ................................ $9,628,869 Personal Services ............................................. $70,226,432 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 ....................................... .$155,808,877 State Funds Budgeted .......................................... $9,628,869

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,280,013

Employment and Training Services

$ 126,528,864

Total

$ 155,808,877

State Funds $ 7,768,177 $ 1,860,692 $ 9,628,869

Section 20. Department of Law. Budget Unit: Department of Law ................................. $12,521,718 Personal Services ............................................ .$11,221,772 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $129,322 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $31,350

1974

JOURNAL OF THE SENATE

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 ......................................... $13,427,658 State Funds Budgeted ......................................... $12,521,718

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................. $1,162,913,186
Personal Services ............................................. $15,544,436 Regular Operating Expenses .................................... $5,994,250 Travel ......................................................... $188,400 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $39,500 Computer Charges ............................................ $26,169,000 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts ................................ .$100,620,859 Medicaid Benefits, Penalties and Disallowances................ $3,204,220,602 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,354,739,927 State Funds Budgeted ...................................... $1,162,913,186

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,636,825 $

818,413

Benefits, Penalties and Disallowances Long Term Care Systems Management Professional Services

$ 3,204,220,602 $ 1,625,453 $ 33,705,941 $ 2,469,349

$ 1,118,526,507

$

680,530

$ 10,695,591

$ 1,051,609

Maternal and Child Health

$ 1,302,697 $

527,225

Reimbursement Services

$ 8,809,009 $ 3,671,701

General Administration

$ 91,399,022 $ 22,200,886

Managed Care Legal and Regulatory Total

$ 4,034,252 $ 5,536,777 $ 3,354,739,927

$ 1,972,336 $ 2,768,388 $ 1,162,913,186

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 .............................................. $8,806,316 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

MONDAY, MARCH 18, 1996

1975

Health Insurance Payments .................................. .$911,827,186
Total Funds Budgeted ...................................... $1,099,766,134 Other Agency Funds............................................. $152,001 Agency Assessments........................................... $11,927,339
Employee and Employer Contributions ....................... $1,087,461,889 Deferred Compensation .......................................... $224,905 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 2,858,888

Applicant Services

$ 2,634,656

Classification and Compensation

$ 1,602,242

Flexible Benefits

$ 1,250,694

Employee Training and Development

$ 1,256,551

Health Insurance Administration

$ 1,086,460,247

Accounting and Audits

$ 1,089,437

Administration and Systems

$ 2,613,419

Total

$ 1,099,766,134

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................ $97,790,864
Personal Services ............................................ .$74,842,887 Regular Operating Expenses .................................. .$15,068,303
Travel ......................................................... $543,147 Motor Vehicle Purchases ........................................ $2,087,217
Equipment .................................................... $2,455,943
Real Estate Rentals ............................................ $2,317,656 Per Diem, Fees and Contracts ................................... $3,456,651 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 ............................................... $818,810 Repairs and Maintenance ....................................... $2,907,140
Land Acquisition Support ........................................ $213,750 Wildlife Management Area Land Acquisition ....................... $754,174 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 Chattahoochee River Basin Grants ............................... $2,700,000
Contracts: Paralympic Games .............................................. $895,000
Technical Assistance Contract .................................... $101,213 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $202,448

1976

JOURNAL OF THE SENATE

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 ................................. .$10,280,472 Solid Waste Trust Fund ........................................ $6,792,756 Payments to Georgia Agricultural Exposition Authority............. $2,330,914 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $6,650 Total Funds Budgeted ....................................... .$139,063,103 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 ......................................... $97,790,864

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,610,512 $ 4,610,512

Program Support

$ 2,724,293 $ 2,724,293

Historic Preservation

$ 2,257,676 $ 1,767,676

Parks, Recreation and Historic Sites

$ 42,788,158 $ 16,835,241

Coastal Resources

$ 2,347,054 $ 2,222,336

Wildlife Resources

$ 35,824,919 $ 30,905,498

Environmental Protection

$ 47,405,709 $ 37,620,526

Pollution Prevention Program

$ 1,104,782 $ 1,104,782

Total

$ 139,063,103 $ 97,790,864

B. Budget Unit: Georgia Agricultural Exposition Authority ............... $--0-- Personal Services .............................................. $2,331,190 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 .......................................... $4,921,827 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,921,827

State Funds

$

--0--

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety ..................... .$101,367,574
1. Operations Budget: Personal Services ............................................. $61,440,577 Regular Operating Expenses .................................... $7,676,813 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $3,750,000 Equipment ..................................................... $542,054

MONDAY, MARCH 18, 1996

1977

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 ........................................ .$80,657,663 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ........................................ .$79,007,663
2. Driver Services Budget: Personal Services ............................................. $18,162,449 Regular Operating Expenses .................................... $1,232,457 Travel .......................................................... $57,181 Motor Vehicle Purchases ......................................... $157,500 Equipment ...................................................... $69,800 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 ......................................... $22,359,911 Indirect DOAS Service Funding..................................... $--0-- State Funds Budgeted ......................................... $22,359,911

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 22,497,017 $ 20,997,017

Driver Services Field Operations

$ 22,359,911 $ 22,359,911 $ 58,160,646 $ 58,010,646

Total

$ 103,017,574 $ 101,367,574

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,295,649
1. Attached Units Budget: Personal Services .............................................. $7,838,383 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 .................................. $3,972,660 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$18,170,166 State Funds Budgeted ........................................ .$14,295,649

1978

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,055,003

Georgia Peace Officers Standards and Training $ 5,418,406

Police Academy

$ 1,167,534

Fire Academy

$ 1,189,356

Georgia Firefighters Standards and Training Council

$

470,299

Georgia Public Safety Training Facility

$ 6,869,568

Total

$ 18,170,166

State Funds

$

330,486

$ 5,418,406

$ 1,077,534

$ 1,079,356

$

470,299

$ 5,919,568

$ 14,295,649

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

Section 26. Public Service Commission. Budget Unit: Public Service Commission ........................... $8,487,316 Personal Services .............................................. $7,211,209 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 ......................................... $10,536,019 State Funds Budgeted .......................................... $8,487,316

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,912,568 $ 3,556,979 $ 5,066,472 $ 10,536,019

State Funds $ 1,912,568 $ 1,716,480 $ 4,858,268 $ 8,487,316

Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ........................... $1,163,028,475
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,241,429,484 Sponsored Operations ....................................... .$204,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$295,648,162 Sponsored Operations ....................................... .$146,000,000 Special Funding Initiative ...................................... $20,352,506 Office of Minority Business Enterprise ............................ $1,276,046 Student Education Enrichment Programs .......................... $359,714 Forestry Research ............................................... $388,344 Research Consortium ........................................... $6,645,000 Capital Outlay ..................................................... --0-- Total Funds Budgeted ...................................... $1,916,099,256

MONDAY, MARCH 18, 1996

1979

Departmental Income.......................................... $42,000,000 Sponsored Income ............................................ $350,000,000 Other Funds.................................................$358,043,481 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ...................................... $1,163,028,475
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... .$174,879,707 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$274,341,856 Sponsored Operations ......................................... $69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$127,194,177 Sponsored Operations ......................................... $38,184,000 Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research .......................................... $2,397,136 Advanced Technology Development Center ........................ $2,062,129 Capitation Contracts for Family Practice Residency ................ $3,864,204 Residency Capitation Grants .................................... $2,119,378 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant .................................... $7,000,000 Morehouse School of Medicine Grant ............................. $5,868,890 Capital Outlay .................................................... $--0-- Center for Rehabilitation Technology ............................. $2,505,183 SREB Payments ............................................... $4,426,900 Medical Scholarships ........................................... $1,357,718 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 Area Health Education Centers ................................... $425,000 Direct Payments to the Georgia Public Telecommunications Commission for Operations ................................... $14,829,577 Total Funds Budgeted ....................................... .$558,727,817 Departmental Income.............................................. $--0-- Sponsored Income ........................................... .$109,767,000 Other Funds.................................................$273,525,410 Indirect DOAS Services Funding .................................. $555,700 State Funds Budgeted ....................................... .$174,879,707

Regents Central Office and Other Organized Activities Total Funds

Marine Resources Extension Center

$ 1,989,517 $

Skidaway Institute of Oceanography

$ 3,933,780 $

Marine Institute

$ 1,376,989 $

Georgia Tech Research Institute

$ 117,578,655 $

Education Extension Services

$ 11,038,929 $

Agricultural Experiment Station

$ 58,790,970 $

Cooperative Extension Service

$ 49,210,724 $

Medical College of Georgia Hospital and Clinics $ 253,861,493 $

Veterinary Medicine Experiment Station

$ 2,887,931 $

Veterinary Medicine Teaching Hospital

$ 2,827,763 $

Joint Board of Family Practice

$ 24,236,155 $

State Funds 1,359,434 1,519,510 976,989
13,348,554 2,617,757 38,202,317 31,398,407 32,956,551 2,887,931
527,752 24,236,155

1980

JOURNAL OF THE SENATE

Georgia Radiation Therapy Center

3,044,746 $

--0--

Athens and Tifton Veterinary Laboratories

3,128,504 $

128,504

Regents Central Office

24,821,661 $ 24,719,846

Total

558,727,817 $ 174,879,707

C. Budget Unit: Georgia Public Telecommunications Commission ........................................................ $--0-- Personal Services .............................................. $9,387,861 Operating Expenses ........................................... $14,325,274 Total Funds Budgeted ........................................ .$23,713,135 Other Funds..................................................$23,713,135 State Funds Budgeted ............................................. $--0--

D. Budget Unit: Lottery for Education ............................. $50,254,000 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...................................... $20,254,000 Special Funding Initiatives ..................................... $10,100,000 Total Funds Budgeted ........................................ .$50,254,000 Lottery Funds Budgeted ....................................... $50,254,000

Section 28. Department of Revenue. Budget Unit: Department of Revenue ............................. $91,872,904 Personal Services ............................................. $57,970,695 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 ......................................... $97,058,269 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ........................................ .$91,872,904

Departmental Functional Budgets Total Funds

Departmental Administration

7,000,705

Internal Administration

10,984,002

Electronic Data Processing

12,588,514

Field Services

18,872,921

Income Tax Unit

8,087,629

Motor Vehicle Unit

17,820,260

Central Audit Unit

7,901,991

Property Tax Unit

5,076,439

Sales Tax Unit

4,200,990

State Board of Equalization

43,700

State Funds 7,000,705 10,834,002 11,573,314 18,572,921 7,447,629
16,520,260 7,901,991 3,536,074 3,961,190
43,700

MONDAY, MARCH 18, 1996

1981

Taxpayer Accounting Total

$ 4,481,118 $ 4,481,118 $ 97,058,269 $ 91,872,904

Section 29. Secretary of State. A. Budget Unit: Secretary of State ............................... .$28,561,127
Personal Services ............................................. $17,954,645 Regular Operating Expenses .................................... $3,416,671 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 ........................................ .$29,606,127 State Funds Budgeted ........................................ .$28,561,127

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,840,529 $ 3,810,529

Archives and Records

$ 4,695,394 $ 4,620,394

Business Services and Regulation

$ 4,748,087 $ 3,978,087

Elections and Campaign Disclosure

$ 4,333,544 $ 4,313,544

Drugs and Narcotics

$ 1,128,044 $ 1,128,044

State Ethics Commission

$

382,676 $

382,676

State Examining Boards

$ 10,381,600 $ 10,231,600

Holocaust Commission

$

96,253 $

96,253

Total

$ 29,606,127 $ 28,561,127

B. Budget Unit: Real Estate Commission............................ $2,185,821
Personal Services .............................................. $1,302,862 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 .......................................... $2,185,821 State Funds Budgeted .......................................... $2,185,821

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,185,821 $ 2,225,821

Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission .............. $2,122,473 Personal Services .............................................. $1,150,400 Regular Operating Expenses ..................................... $209,454
Travel .......................................................... $43,268 Motor Vehicle Purchases .......................................... $25,322

1982

JOURNAL OF THE SENATE

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 .......................................... $2,657,810 State Funds Budgeted .......................................... $2,122,473

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission ...................... $32,732,855
Personal Services .............................................. $4,865,833 Regular Operating Expenses ..................................... $597,250 Travel .......................................................... $81,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $16,500 Computer Charges .............................................. $219,180 Real Estate Rentals .............................................. $45,600 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 ........................................ .$39,063,878 State Funds Budgeted ........................................ .$32,732,855

Departmental Functional Budgets Total Funds

State Funds

Internal Administration Higher Education Assistance Corporation

$ 5,547,664 $

$

_o_ $

--0-- --0--

Georgia Student Finance Authority

$ 32,960,683 $ 32,177,324

Georgia Nonpublic Postsecondary Education Commission

$

555,531 $

555,531

Total

$ 39,063,878 $ 32,732,855

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

MONDAY, MARCH 18, 1996

1983

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 ..... .$179,665,159
Personal Services .............................................. $4,245,834 Regular Operating Expenses ..................................... $409,948 Travel ......................................................... $142,500 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 ................................ $139,494,113 Operating Expenses--Institutions............................... $35,914,741 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $8,213,630 Area School Program ......................................... .$19,950,378 Regents Program.............................................. .$3,390,682 Adult Literacy Grants ........................................ .$18,778,860 Total Funds Budgeted ....................................... .$232,493,937 State Funds Budgeted ....................................... .$179,665,159

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,751,533 $ 4,681,547

Institutional Programs

$ 225,742,404 $ 174,983,612

Total

$ 232,493,937 $ 179,665,159

B. Budget Unit: Lottery for Education ............................ .$53,313,349 Computer Laboratories and Satellite Dishes--Adult Literacy ..................................................... $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ........... .$25,663,349 Equipment--Technical Institutes ............................... $21,355,000 Repairs and Renovations--Technical Institutes .................... $5,295,000 Total Funds Budgeted ........................................ .$53,313,349 Lottery Funds Budgeted ....................................... $53,313,349

Section 34. Department of Transportation. Budget Unit: Department of Transportation ..................... .$542,896,193 Personal Services ............................................$254,073,176 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

1984

JOURNAL OF THE SENATE

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................ $400,000 Total Funds Budgeted ...................................... $1,164,343,369 State Funds Budgeted ....................................... .$542,896,193

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

$ 2,003,250

Inter-Modal Transfer Facilities

$ 14,470,900

Harbor/Intra-Coastal Waterways Activities

$

700,000

Total

$ 17,174,150

State Funds $ 267,321,604 $ 230,011,616 $ 13,516,201 $ 24,150,579 $ 535,000,000

$

--0--

$ 1,616,250

$ 5,579,943

$

700,000

$ 7,896,193

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service...................... $21,567,780 Personal Services .............................................. $5,099,436 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 Expenses/Payments to Central State Hospital............ $8,187,345
Operating Expense/Payments to Medical College of Georgia ........ $7,595,980 Regular Operating Expenses for Projects and Insurance ............. $649,947 Total Funds Budgeted ........................................ .$29,275,348
State Funds Budgeted ........................................ .$21,567,780

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 12,747,576

Veterans Home and Nursing Facility-- Milledgeville

$ 8,528,945

Veterans Nursing Home--Augusta

$ 7,998,827

Total

$ 29,275,348

State Funds $ 12,476,076
$ 3,429,071 $ 5,662,633 $ 21,567,780

MONDAY, MARCH 18, 1996

1985

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................... .$10,702,701 Personal Services .............................................. $8,666,608 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 ........................................ .$10,892,701 State Funds Budgeted ......................................... $10,702,701
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)................................. .$373,438,501 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $408,438,501
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................... $6,136,450 Motor Fuel Tax Funds (New) ....................................... $--0-- $6,136,450
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 em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of 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 Automation Commis sion 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 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

1986

JOURNAL OF THE SENATE

Section 40. 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 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

Purpose
Recreational Equipment in Clayton County
Operation of "Hot Zone Policing"
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
Equip/Operate Haralson County Recreational Facility
Renovation 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

Amount $25,000
10,000 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

MONDAY, MARCH 18, 1996

Worth County

Construction of a Softball Complex

Candler County

Expansion of Visitors Center

City of Centerville

Construction of Fire Station

Charlton County

Purchase Fire and Rescue Equipment

Chatham County

Replant Trees Between Bryanwood and Talahi Island on Route 80

Clinch County Board of Education Construction of a Multi-purpose Building

Clayton County

Clayton County Board of Education Prevention Plus Program

City of Cochran

Renovations to the Fire Station

Gwinnett County Board of Education Lights and Handicapped Access for the Collins Hill High School Athletic Fields

City of Columbus

Operate the Liberty Theatre Cultural Center

City of Columbus

Renovations to the Springer Opera House

City of Commerce

Renovations to the Civic Center

Crawford County Board of Education Heating and Plumbing System Repairs for Education Gymnasium

City of Columbus

Operation of the Columbus Tourism Network

City of Columbus

Operation of the Play and Learn Together Program

Crawford County

Improvements at the Crawford County Industrial Authority Park

Crisp County

Equipment for Crisp County Board of Education Middle School Laboratory

Crisp County Board of Education

Lighting for Crisp County High School Softball Field

DeKalb County

Training at DeKalb United Child Care Association

City of Fort Oglethorpe

Construction of a Historical Museum

City of Franklin Springs

Renovations to Sedimentation Pool

Franklin County

Design and Construct Franklin County/Hart County Airport

Fulton County Board of Education Classrooms for Fulton County Board of Education

Fulton County

Operation of Center for Renewal of Democracy

City of Garden City

Improvements to Gymnasium and Stadium

City of Girard

Renovations to Gymnasium

City of Sardis

Improvements to City of Sardis

1987
25,000 10,000 50,000 15,000 10,000 10,000 25,000 25,000 50,000
75,000 50,000 35,000 5,000 25,000 25,000 50,000 25,000
15,000 25,000 10,000 45,000
5,000 60,000 25,000 8,000 7,500 7,500

1988

JOURNAL OF THE SENATE

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
Jenkins County
City of Kite Chatham County City of LaGrange
City of Lake City Lamar County Lanier County Board of Education
Long County City of Lincolnton City of Lula City of Gainesville Lumpkin County City of Lyerly Macon County
Madison County

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
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
Correction to Flood Control Problem
Renovations to Old City Hall Building
Operation of a Gainesville Community Facility
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

25,000 40,000
12,500 175,000 10,000
2,500 40,000 15,000 15,000
50,000
4,250 20,000 10,000
20,000 12,500 10,000
18,000 12,000 20,000 10,000 10,000 30,000 10,500
30,000

MONDAY, MARCH 18, 1996

Meriwether County Meriwether County City of Monroe
Muscogee County Muscogee County Muscogee County City of Dalton
Oconee Regional Library City of Odum City of Screven 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 of Rentz City of Savannah DeKalb County

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
Renovations to Oconee Regional Library Facility
To Repair Facilities
To Repair Facilities
Extension of Water Line to New Oglethorpe County Elementary School
Restorations to Old Governor's Mansion
Providing 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

1989
10,000 10,000 15,000
20,000 20,000 10,000 40,000
25,000 5,000 5,000 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

1990

JOURNAL OF THE SENATE

Gwinnett County Board of Education Construct Athletic Stadium at Shiloh High School in Gwinnett County

Cobb County Board of Education

Repairs and Renovation at South Cobb High School

Gwinnett County Board of Education Recreatioan Equipment for Suwanee and Lanier High Schools

Emanuel County

Construct and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority

Talbot County Board of Education

Construct Central High School Greenhouse in Talbot County

Telfair County

Production Costs for a Historical Drama

Telfair County

Operating Expenses for Sheriffs Office

Towns County

Production Costs for Reach of Song Drama

Twiggs County Board of Education Lights and Bleachers for Twiggs County High School Football Field

City of Tybee Island

Painting of the Historic Tybee Lighthouse

Lowndes County Board of Education Repairs to Valdosta City School System Facilities

City ofVidalia

Create Basketball Area for Recreation Department

Ware County Board of Education

Equipment Purchases for Ware County School System

Ware County

Promotion Expenses for WaycrossWare County Chamber Tourist Division

Wayne County

Equipment and Renovations to River Park

Wayne County

Repairs and Construction to Recreation Facility

City of Waynesboro

Acquiring and Renovating Human Development Centers

Webster County

Heating and Cooling Equipment for Webster County Agriculture Education Center

City of Willacoochee

Construction of a New City Hall

City of Fitzgerald

Construction of Airport

Clayton County

Shrubbery, Trees and Concrete Pipes and Containers

City of Bowersville

Equipment for Repairs to Water System

Gwinnett County Board of Education Improvements to Duluth High School Baseball Field

25,000
35,000 30,000 40,000
45,000 5,000 18,000 20,000 50,000 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

MONDAY, MARCH 18, 1996

1991

City of East Dublin City of Eastman Echols County Board of Education Emanuel County Fannin County City ofPelham City of Atlanta
City of Tallapoosa City of Bremen City of Cave Spring Fulton County Dade County Fulton County
Twiggs County Board of Education Gwinnett County Hall County Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Treutlen County

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
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
EquipmemVOperation of Recreational Facilities
Construction of Youth Athletic Complex
Construction of Recreation Field House

50,000 25,000 6,000 17,500 15,000 35,000 250,000
15,000 15,000 40,000 48,000 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

1992

JOURNAL OF THE SENATE

Hancock County

Equipment for Volunteer Fire Department

City of Social Circle

Renovation of Gunter Hall in Social Circle

DeKalb County

Repairs to Pine Lake Dike

DeKalb County

Operation of the Soapstone Arts Center

DeKalb County

Operate the South DeKalb Business Incubator

DeKalb County

Lighting for East Lake Neighbors

Screvens County Board of Education For Technology Equipment at the Screvens County School System

Jenkins County Board of Education Recreational Equipment for the Jenkins County School System

City of Plains

Fire Equipment for the City of Plains

Peach County

To Purchase Welcome Signs for Peach County

City of Montezuma

Paving for Blanks Civic Complex

Chatham County

Restoration and Renovation of Building for Con-Ed., Inc.

Chatham County

Operation of Chatham County Rape Crisis Center

Chatham County

Renovation/Construction of the Savannah Lucas Theatre

Mclntosh County Board of Education Construction of Bleachers for Mclntosh County School System

Long County

Purchase of Land for Long County Park

City of Greenville

Construction of Greenville Railroad Depot

Hart County

Operation of Hart County Parks

City of Cave Springs

Operation of Crossroads Program for Georgia School for the Deaf

Lumpkin County

Construction Veterans Park and Monument

Lumpkin County Board of Education Equipment Purchases for Lumpkin County High School

Bleckley County

Construction/Renovation of Courthouse

City of Pelham

For Lighting at the Pelham Livestock Complex

City ofEllijay

Renovation/Construction for Vocational Transitions, Inc.

Fannin County

Purchase Rescue Equipment

City of Douglas

To Construct Softball/Soccer Complex

10,000 15,000 20,000 20,000 20,000 20,000 25,000 7,000 10,000 8,145 50,000 10,000 10,000 35,000 35,000 25,000 50,000 25,000 50,000 15,000 15,000 50,000 15,000 15,000 30,000 75,000

MONDAY, MARCH 18, 1996

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 Aniericus City of Albany Quitman County DeKalb County Lowndes County Board of Education City ofValdosta City of Sardis City of Keysville Glynn County Fannin County Irwin County Seminole County Board of Education DeKalb County City of Milledgeville DeKalb County City of Chamblee Augusta/Richmond County Chatham County

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 Violence Prevention 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
Equipment for Initiative for Children and Families
Vocational Equipment for Lowndes County High School
To Construct Valdosta Historic Monument
Equipment/Operations for City of Sardis
Equipment/Operations for City of Keysville
To Provide for Project SHARE
For Operation of Georgia Mental Health Services
Construction of FFA Livestock Show Barn
Construction 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
Construction of Ralph Mark Gilbert Museum

1993
75,000 50,000 15,000 50,000 15,000 15,000 15,000 25,000 25,000 25,000 30,000 25,000 15,000 10,000 20,000 15,000 10,000 20,000 37,440 25,000 40,000 75,000 10,000 40,000 7,500 50,000 20,000

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JOURNAL OF THE SENATE

Chatham County

Operation of Savannah Tourism Network

10,000

Bibb County

Regional Health Education Center in 2,000,000 Macon to be operated by the Medical Center of Middle Georgia

Houston County

Construction of Warner Robins Engineering Facility

3,000,000

Newton County

Purchase of Land for Economic Development

7,100,000

Section 41. 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 $1,837.30. 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 12, Employees' Retirement System.

There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046.

Section 43. 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 benefits 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

Standards of Need

Maximum Monthly Amount

1

$235

$155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

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.
Provided, that of the appropriation relative to Community Mental Health/Mental Re tardation and Institutions, Regional Boards will be allocated State hospital funds equal to

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1995

their DHR approved formula fair share. Regional Boards must use their fair share alloca tion or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.
Section 44. 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 constract with Medicaid for services on a non-risk capitated rate.
Provided, that the Department shall implement a clinically based, automated prospec tive drug utilization review program.
Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $173.70 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 the 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 maretplace pric ing (other third party contract) accepted by the pharmacy provider.
Section 46. Provisions Relative to Section 23, Department of Natural Resources.
Provided, that to the extent State Parks and Historical 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.
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.
It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems.
Section 47. Provisions Relative to Section 32, Teachers' Retirement System.
There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025.
Section 48. 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.

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JOURNAL OF THE SENATE

Section 49. Provisions Relative to Section 34, 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 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 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total positions 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 50.
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 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 Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Serv ices from agency fund collectiions.

MONDAY, MARCH 18, 1996

1997

Section 51.
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 52.
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 53.
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 54.
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 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
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

1998

JOURNAL OF THE SENATE

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 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governors' 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 form whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 58.
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 59.
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 tures unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

MONDAY, MARCH 18, 1996

1999

Section 60. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 37 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)", $299,700 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $925,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,850,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $370,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 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)", $323,750 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by the means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,850,000 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 $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)", $157,250 is specifi cally appropriated for the purpose of financing Georgia Sports Hall of Fame Authority facil ities for the Department of Community Affairs, by means of the acquisition, construction,

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development, extension, enlargement, or improvements of land, waters, property, high ways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $231,250 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 $2,500,000 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)", $37,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturity not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $92,500 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 61. Salary Adjustments
The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a cost of living adjustment of 4% for employees of Judicial, Legislative and Executive branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996 (proposed salary adjustments are in conformance with the implementa tion of the Georgia Gain pay for performance system for Executive branch employees). 2.) To provide for a cost of living adjustment of 4% of 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 with the amount of the appropriations for this purpose determined according to an effective date October 1, 1996. 3.) To provide for a cost of living adjustment of 2% for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996. 4.) To provide for a 6% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1996. 5.) To provide for a 4% increase for local school bus drivers and lunch room workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1996. 6.) In addition to the cost of living adjustment in item 1, to provide for an additional 2% increase in the Technical Instructor Salary Schedule of the Department of Technical and Adult Education for instructors with the amount of the appropriation for this purpose, and for the purpose of item 1 as to this group, determined according to an effective date of September 1, 1996, such that the total increase on an annualized basis is 6 percent. 7.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel with the amount of the appropri ation for this purpose determined according to an effective date of July 1, 1996 for nonacademic personnel and of September 1, 1996 for academic personnel. 8.) In addition to

MONDAY, MARCH 18, 1996

2001

the cost of living adjustment in item 1 above, to provide a 5% salary increase for the Correc tional Officer class series with the amount of the appropriation for this purpose determined according to an effective date of October 1,1996, such that the total increase on an annualized basis is 9%.

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1997.

$11,341,527,653

Section 63.

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

Section 64.

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 1265.

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

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 voting in the negative were Senators:

Day

Glanton

Gochenour

Not voting was Senator Thomas.

On the motion, the yeas were 52, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1265.
At 12:37 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.
The following bill was taken up to consider House action thereto:

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

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JOURNAL OF THE SENATE

for the University System of Georgia the ability to purchase medical equipment and supplies necessary for medical teaching purposes.
The House substitute was as follows:
A BILL
To be entitled an Act 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 authority 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 and to enter into agreements with other states and their political subdi visions; to remove the department's authority to permit state agencies to make purchases in amounts less than $100.00; to raise the minimum dollar amount required for competi tive sealed bidding of contracts from those exceeding $10,000.00 to those exceeding $100,000.00; to raise the minimum dollar amount for soliciting bids by newspaper adver tisements from those exceeding $50,000.00 to those exceeding $250,000.00; to change the time within which such bids shall be advertised; to raise the minimum dollar amount for required solicitation of bids by mail from those exceeding $10,000.00 to those exceeding $100,000.00; to raise the minimum dollar amount for noncompetitive bidding for supplies, materials, or equipment not on state contracts or through statutorily required sources from $500.00 to $2,500.00; to raise the maximum amount state entities may be authorized to expend on purchases in their behalf from $5,000.00 to $100,000.00; to authorize the depart ment to permit agencies to use procurement cards to electronically pay and monitor pay ments; to provide for rules and regulations; to raise the minimum amount for construction or public works contracts to be conducted by the department from those exceeding $500.00 to those exceeding $100,000.00, subject to department review and approval; to delete the requirement for Georgia Correctional Industries Administration purchases to receive ap proval from the department as to competitive quality and price; to provide for reporting of certification criteria; to repeal provisions requiring the attachment of delivery receipts and purchase orders to paid invoices; to provide that it is unlawful for any person to make purchases or sell through the department for individual ownership; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Purchasing Reform Act of 1996."
SECTION 2.
The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureau cracy which can result in purchase delays and increased administrative costs.
SECTION 3.
Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relat ing to the general authority, duties, and procedures of the Department of Administrative services, is amended by striking Code Section 50-5-51, relating to the power, authority, and duty of the department, in its entirety and inserting a new Code Section 50-5-51 to read as follows:

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2003

"50-5-51.
The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part:
(1) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, services other than professional and per sonal employment services, and equipment required by the state government or any of its departments, institutions, or agencies under competitive bidding in the manner and subject to the conditions provided for in this article;
(2) To establish and enforce standard specifications which shall apply to all supplies, materials, and equipment purchased or to be purchased for the use of the state govern ment for any of its departments, institutions, or agencies;
(3) To contract for all telephones, telegraph, electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its departments, institutions, or agencies; or in lieu of such contract to authorize any department, institu tion, or agency to purchase or contract for any or all such services;
(4) To have general supervision of all storerooms and stores operated by the state govern ment or any of its departments, institutions, or agencies; to provide for transfer or ex change to or between all state departments, institutions, and agencies or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to main tain inventories of all fixed property and of all movable equipment, supplies, and materi als belonging to the state government or any of its departments, institutions, or agencies;
(5) To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as hereinafter provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefore and advertise, receive bids, and contract separately for the vari ous classes;
(6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a mini mum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commis sioner. Fidelity bonds covering state officials and employees which are procured pursu ant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or benefi ciaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any na ture resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commis sioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses neces sary to administer properly the insurance program. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession; and
(7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for

2004

JOURNAL OF THE SENATE

surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commission may acquire real or personal prop erty for such purposes. All personnel; personal property, including records, office equip ment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and outside the state treasury, funds, and vehicles; and all other similar property under the control of the State Board of Education and used for the direct support and operation of the state agency for surplus property are transferred to the Department of Administrative Services. Each state officer or employee affected under this paragraph shall be entitled to all rights which he or she possessed as a state officer or employee before July 1, 1978, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under law or administrative policy. This paragraph is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before July 1, 1978;
(8) To delegate, in the department's discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary tor medical teaching purposes; and
(9) To enter into agreements with other states and their political subdivisions to effectu ate the purposes and policies of this chapter."
SECTION 4.
Said part is further amended by striking Code Section 50-5-58, relating to cases where purchases through the department are not mandatory, in its entirety and inserting in its place a new Code Section 50-5-58 to read as follows:
"50-5-58.
(a) Unless otherwise ordered by the Department of Administrative Services, the purchase of supplies, materials, equipment, and services, other than professional and personal employment services, through the Department of Administrative Services shall not be mandatory in the following cases:
(1) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the state supported by state funds; also services;
(2) Livestock for slaughter and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry, and milk. No other article shall be considered perishable within the meaning of this clause unless so classified by the Department of Administrative Services; and
(3) Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment.
(b) In the purchasing of emergency supplies under paragraph (3) of subsection (a) of this Code section, it shall be the duty of the department making such purchases to report same to the Department of Administrative Services, giving the circumstances necessitat ing the purchases.
(c) Nothing in this part shall be construed to give the Department of Administrative Services any supervision over the selection or purchase of school textbooks, which is vested by law in the Department of Education.
t 1\ Tlic Dcpzki LmeiiL iif Adiillni -Stiijti vc ^^iViCc^, I-1, aUtliiji iz.t-tl tp Ot^iniiL ilcL>*ii tiliilL& IIIs
uient on cuiifmiiatiuu if these individual purchases do not exceed $100.00 and if these
l^lniS, iiiclLtil'icilSj clii.Cl tiQU.ipiii.611L Hlc^ ilOt LLiiu^i' COliLl'ctCL Oi pUl'CliclfetiCl Oil & COiltiilUj.jLl
^Tlift P6P3.rtiiiciit of Administrative Services niflv rc^rulflt^ tlte dollai limit of tlt^Ac

MONDAY, MARCH 18, 1996

2005

ussaiy to can1y out the intent of this subsection. Nothing in this subsection shall apply Lu
SECTION 5.
Said part is further amended by striking subsection (a) of Code Section 50-5-67, relating to competitive bidding procedure, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this Code section, contracts exceeding $10,000.00 $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $00,000.00 $250,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 wuikiiig calendar days prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisements, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids directly by mail from reputable owners of supplies in all cases where the total requirement will ex ceed $10,000.00 $100,000.00. When it appears that the use of the competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state;
(2) Proposals shall be solicited through a request for proposals;
(3) Adequate public notice of the request for proposals shall be given in the same man ner as provided for competitive sealed bidding;
(4) Proposals shall be opened in the same manner as competitive sealed bids. A regis ter of proposals shall be prepared and made available for public inspection;
(5) The request for proposals shall state the relative importance of price and other evaluation factors;
(6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reason able offerers who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of propos als; and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerers; and
(7) The award shall be made to the responsible offerer whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made."
SECTION 6.
Said part is further amended by striking Code Section 50-5-69, relating to purchases with out competitive bidding, in its entirety and inserting in its place the following:

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"50-5-69.
(a) If the needed supplies, materials, or equipment can reasonably be expected to be ac quired for less than $000.00 $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bid ding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $0,000.00 $100,000.00 and may provide the circum stances and conditions under which such purchases may be effected.
(b)(l) The Department of Administrative Services shall establish and maintain tErough printed and electronic media and shall sell a publication entitled the 'Georgia Procurement Register,' which shall list all procurement or purchase orders for goods, services, and supplies in excess of $2,500.00 by the various state departments, agen cies, and instrumentalities as provided in paragraph (2) of this subsection.
(2) At least 15 to 30 calendar days prior to the fixed date of purchase of any goods, materials, or supplies by a state department, agency, or instrumentality which can reasonably be expected to exceed $2,500.00, such department, agency, or instrumental ity shall, in a manner to be prescribed by the commissioner of administrative services, iubmit to the Department of Administrative Services notice of such entity's impending purchase. Such notice shall include all relevant information regarding such purchase, including the name, address, and phone number of a contact person within the purchasing entity
(3) Upon receipt of each notice from a purchasing entity as provided in paragraph (2) of this Code section, the Department of Administrative Services shall cause such infor mation to be listed on the 'Georgia Procurement Register' created under paragraph (1) oT"this subsection. Such register shall be made available electronically to any sub scriber to the electronic network or by purchase of a printed publication.
(c) The Department of Administrative Services is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) of this Code section subject to approval of the State Depository Board pursuant to tEe State Depository Board's authority to prescribe cash management policies and pro cedures for state agencies under Code Section 50-17-51. All purchases made through procurement card shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Depart ment of Administrative ServicesT
(d) The commissioner of administrative services shall promulgate rules and regula tions necessary to carry out the intent of this Code section.
(e) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases?'
SECTION 7.
Said part is further amended by striking Code Section 50-5-72, relating to construction and public works contracts conducted by the department, in its entirety and inserting in its place the a new Code Section 50-5-72 to read as follows:
"50-5-72.
Notwithstanding any other provision of this part or any other law dealing with the sub ject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $000.00 $100,000.00, of any depart ment, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the De partment of Administrative Services, which may approve noncompetitive expenditures of

MONDAY, MARCH 18, 1996

2007

up to $100,000.00. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the con tract is negotiated. The commissioner of administrative services is authorized and di rected to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized."
SECTION 8.
Said part is further amended by striking Code Section 50-5-73, relating to goods and serv ices to be obtained from correctional industries when certified as available, in its entirety and inserting in its place a new Code Section 50-5-73 to read as follows:
"50-5-73.
(a) All services provided or goods, wares, or merchandise produced wholly or in part by IHe Georgia Correctional Industries Administration and needed by the departments, in stitutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Adminis tration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections with the advice and consent of the Department of Administrative Services as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services.
(b) The Georgia Correctional Industries Administration and the commissioner of correc tions shall report to the Department of Administrative Services the certification criteria^ including but not limited to cost, delivery schedules, and availability within 15 days 6T notice of certification.
(c) The Georgia Correctional Industries Administration shall notify the Department of Administrative Services of any changes to certified products or services available purst> ant to this Code section within 15 days of notice of any such change's?'
SECTION 9.
Said part is further amended by striking Code Section 50-5-77, relating to the attachment of delivery receipts and purchase orders to paid invoices, which reads as follows:
"50-5-77.
To each and every invoice paid by any state agency or department there shall be attached the delivery receipt and also a copy of the purchase order issued by the Department of Administrative Services. It shall be the duty of the state auditor to disallow, as an illegal payment, any payments that do not have the receipts and purchase orders attached to the invoice paid. It shall also be the duty of the state auditor to point out these items in the annual audit of each agency or department of the state.",

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and inserting in lieu thereof the following:
"Reserved."
SECTION 10.
Said part is further amended by striking Code Section 50-5-80, relating to making it unlaw ful to make purchases or sell through the department for individual ownership, in its en tirety and inserting in its place a new Code Section 50-5-80 to read as follows:
"50-5-80.
(a) As used in this Code section, the term 'person' includes natural persons, firms, part nerships, corporations, or associations.
(b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any agency, department, board, or bureau of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, mer chandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any agency, department, board, or bureau of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposi tion or sale of other state property.
(c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or any other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any department, agency, board, or bureau of the state for the individual and personal owner ship of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property.
(d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
SECTION 11.
This Act shall become effective on July 1, 1996.
SECTION 12.
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 550 as amended by the following amendment:
Amend the House substitute to SB 550 by striking lines 30 through 42 on page 8 and lines 1 through 15 on page 9 and inserting in lieu thereof the following:
"(b) The department shall establish a central bid registry to advertise the various pro curement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appro priate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency to report to the department its bid opportunities in a manner prescribed by the Department of Adminis trative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities?'

MONDAY, MARCH 18, 1996

2009

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Abernathy Broun of 46th

Hooks Ray

Thomas

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 550 as amended by the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 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 House has disagreed to the Senate amendment to the following hill of the House:

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.
The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 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.

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JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Grindley of the 35th, Snelling of the 99th and Skipper of the 137th.
The following bill was taken up to consider House action thereto:

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.
Senator McGuire of the 30th moved that the Senate insist on its amendment to HB 1222.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1222.
The following resolution was taken up to consider House action thereto:

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 House amendment was as follows:

Amend SR 535 by adding "pharmacists, nurses," after "physicians," on line 5 of page 2.

Senator Walker of the 22nd moved that the Senate agree to the House amendment to SR 535.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Broun of 46th Brown of 26th Edge

Henson Langford Oliver Perdue

Starr Taylor Thomas

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 535.

MONDAY, MARCH 18, 1996

2011

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

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.

Senator Oliver of the 42nd moved that the Senate adhere to its amendment to HB 1420, and that a Conference Committee be appointed.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Egan 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 Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Brown of 26th

Edge Henson Hooks

Thomas Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference, on the part of the Senate, the following: Senators Land of the 16th, Farrow of the 54th and Oliver of the 42nd.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
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 general provisions regarding insurance, so as to provide that health benefit policies provide for the direct access of patients to services of an obste trician or a gynecologist; to provide for disclosures; to provide for legislative intent and

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JOURNAL OF THE SENATE

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

SECTION 1.

This Act shall be known and may be cited as the "Women's Access to Health Care Act."

SECTION 2.

Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section at the end thereof, to be designated Code section 33-24-58, to read as follows:
"33-24-58.
(a) The General Assembly finds and declares that the specialty of obstetrics and gynecology is devoted to health care of women throughout their lifetimes.
(b) As used in this Code section, the term Tiealth benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for deliv ery, or renewed in this state by a health care corporation, health maintenance organiza tion, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity.
(c) No health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall require as a condition to the coverage of services of an obstetrician or gynecologist who is within the health benefit policy network of health care providers that an enrollee, subscriber, or insured first obtain a referral from another physician; provided, however, that the services covered by this subsection shall be limited to those services defined by the published recommendations of the Accredita tion Council For Graduate Medical Education for training as an obstetrician or gynecolo gist, including but not limited to diagnosis, treatment, and referral.
(d) Each health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall disclose to enrollees, subscribers, or insureds, in clear, accurate language, such person's right to direct access to obstetricians and gyne cologists as provided in this Code section. Such information shall be disclosed to each such person at the time of enrollment or otherwise first becoming an enrollee, subscriber, or insured, and at least annually thereafter."

SECTION 3.

This Act shall become effective on July 1, 1996.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 592.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

MONDAY, MARCH 18, 1996

2013

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:

Abernathy Broun of 46th

Brown of 26th Taylor

Scott Slotin Starr Stokes Tanksley Thompson Turner Tysinger Walker
Thomas

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 592.
The following bill was taken up to consider House action thereto:

SB 785. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park" in the County of Clayton, as amended, so as to change the corporate limits.

The House amendment was as follows: Amend SB 785 by inserting immediately following line 10 on page 2 the following: "This Act shall become effective on January 1, 1997.
SECTION 4."

Senator Starr of the 44th moved that the Senate agree to the House amendment to SB 785.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th

Brown of 26th Thomas

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 785.

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JOURNAL OF THE SENATE

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

HB 1370. By Representatives Sinkfield 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.

The House amendment was as follows:
Amend the Senate amendment to HB 1370, designated as AM 22 0399, by striking line 8 of page 1 and inserting in lieu thereof the following:
"inserting two new paragraphs in subsection (e.l) to be designated paragraph (3) and para graph (4), respectively, to read as follows:"
By striking lines 14 and 15 of page 1 and inserting in lieu thereof the following:
"system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled.
(4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the department and employees of the department shall not be liable for dam ages incurred by reason of the department's failure to provide notice required by para graph (3) of this subsection.'"
Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate amendment to HB 1370.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen 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 Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Broun of 46th Brown of 26th

Egan Johnson of 2nd Langford

Perdue Tanksley

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1370.

MONDAY, MARCH 18, 1996

2015

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on SB 583 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 583 adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Harold Ragan llth District

/s/ Representative Harry Reaves 178th District

/s/ Senator Guy Middleton 50th District

/s/ Representative Johnny Floyd 138th District

/s/ Senator Paul Broun 46th District

/s/ Representative Ann Purcell 147th District

Committee of Conference substitute to SB 583:

A BILL
To be entitled an Act to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, 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 provi sions relating to labeling of seeds; to change the provisions relating to the required contents of labels; to change the provisions relating to prohibited acts and to provide for additional prohibitions; to change the provisions relating to records and samples which must be kept and the inspection thereof; to change the provisions relating to the powers and duties of the Commissioner of Agriculture; to change the provisions relating to licensing and the revoca tion of licenses; to provide for penalties; to repeal certain provisions relating to itinerant vendors and bonds; to change the provisions relating to the power of the Commissioner to promulgate and enforce rules and regulations; to repeal provisions relating to the Seed Advisory Committee; to change the provisions relating to applicability of certain laws; to change the provisions relating to the certification of seeds and plants; to change certain definitions; to change references to certain organizations or associations; to change the pro visions relating to the Seed Arbitration Council and the duties, power, authority, practices, and procedures of such council; to change the provisions relating to complaints, fees, and forfeitures; to change the provisions relating to membership of the Seed Arbitration Coun cil; to provide for arbitration concerning commercial fruit and nut trees which are alleged to be of a variety other than the variety represented to the purchasers; to provide penalties; to provide for other matters related to seed; to provide an effective date; to repeal conflict ing laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by striking Article 2, known as the "Georgia Seed Law," in its entirety and inserting in lieu thereof a new Article 2 to read as follows:

2-11-20.

"ARTICLE 2

This article may be cited as the 'Georgia Seed Law.' 2-11-21.

As used in this article, the term:
(1) 'Advertisement' means all representations, other than those on the label, dissemi nated in any manner or by any means, relating to any seed within the scope of this article.
(2) 'Agricultural seed' means the seeds of grass, forage, cereal, oil, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seed, lawn seed, and mixtures of such seeds and may include noxious weed seed when the Commissioner of Agriculture determines that such seed is being used as agricultural seed.
(3) 'Bulk' means a volume of seed in a container larger than a typical individual pack aging unit for that kind, e.g., bulk bags and boxes, bins, trucks, rail cars, or barges.
(4) 'Coated or encrusted seed' means seed that has been covered by a layer or layers of materials that obscure the original shape and size of the seed resulting in a substantial weight increase. The addition of biologicals, pesticides, identifying colorants, dyes, polymers, and other ingredients can be included in this process.
(5) 'Dormant seed' means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question?
O) (6) 'Flower seeds seed' means the seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state.

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(7) 'Germination' means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions?
(8) 'Hard seed' means seed that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.
(9) "Hybrid' means the first generation of a cross produced by controlling the pollina tion and by combining: (A) two or more inbred lines; (B) one inbred or a single cross with another single cross or with an open-pollinated variety; or (C) two varieties or species, except open-pollinated varieties of corn (Zea mays) and other open-pollinated crop kinds. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names and hybrids shall be labeled as hybrids.
(10) 'Inert matter' means all matter that is not seed, which includes but is not limited to broken seeds, sterile florets, chaft', fungus bodies, and stones as determined by meth ods defined by rule. The percent inert matter shall not exceed 3 percent for hybrid field corn, nor 4 percent inert matter for other agricultural crop seed, except as established

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2017

by rule for special crops. Inert matter will not include coating or pelleting material, fertilizer, or mulch, for which there are no limitations.

(11) 'Inoculated seed' means seed that has received a coating of a preparation contain

ing a microbial product, e.g., Rhizobium sp.

'

(5X12) 'Kind' means one or more related species or subspecies which singly or collectively are known by one common name, as, for example, corn, oats, alfalfa, and cotton.

(6X13) 'Labeling" means all labels and a tag or other written, printed, or graphic repre sentations, in any form whatsoever, on any container or accompanying in pertaining Lu any seed, whelliei in lot of bulk seeds, or in cuatainers, including such representations as those on invoices, purporting to set forth the information required on the seed label by this article.

(14) 'Lawn and turf pertains to seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications.

(?X15) 'Lot' means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which are required to appear in the labeling.

(16) 'Mixture,"mix,' or 'mixed' means seed consisting of more than one kind or variety or both, each in excess of 5 percent by weight of the whole.

(6X17) 'Noxious weed seeds' include 'prohibited noxious weed seeds' and 'restricted

noxious weed seeds,' as defined in subparagraphs (A) and (B) of this paragraph, pro

vided that the Commissioner of Agriculture may, through the promulgation of regula

tions, add to 01 subtract from the establish a list of seeds included under bubpdiagiaph

subparagraphs (A) or and (B), whenever he the Commissioner finds that such addi-

liuiih or subtiauCiunh die within seeds conform to the respective definitions.

(A)'
notn root

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tice: are those weed seeds that are prohibited from being present in agricultural,

vegetable, flower, tree, or shrub seed. They are the seed of weeds that are highly

destructive and difficult to control by good cultural practices and the use of

herbicides.

(B) 'Restricted noxious weed seeds' means the seeds uf such weeds as are those weed seeds that are very objectionable in fields, lawns, and gardens of this state but can be controlled by good cultural practice.

(18) 'Other crop seed' means seed of plants grown as crops (other than the kind or variety included in the pure seed) as determined by methods defined by rule.

(19) 'Pelleted seed' means coated or encrusted seed that also improves the plantability or singulation of the seed?

(9) (20) 'Person' means any an individual, partnership, corporation, company, society; association, receiver, trustee, or agent oi1 combination Ihtutiuf.

ft6) (21) 'Private hearing" means a discussion of facts between the person charged with a violation and eiifoi'cenieiil officers representatives of the Georgia Department of Agriculture.

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(22) Ture seed' means all seeds of each kind and variety under consideration that are present in excess of 5 percent of the whole. Kinds or varieties shown on a label as

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components of a mixture in amounts 5 percent or less of the whole may be considered pure seed when shown on a label as components of a mixtures
(2X23) "Record" means all information relating to the lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, and distribution of the seed and includes a file sample thereof.
(8X24) 'Seed' means any vegetative material used in the propagation uf a species the true seeds of all field crops, vegetables, flowers, trees, and shrubs, and any naturally occurring vegetative propagule, excluding plant parts of hybrids.
(4X25) 'Seizure' means a legal process carried out by court order against a definite amount of seed.
(5X26) 'Stop sale' means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed.
(6X27) 'Treated' means that the seed that has received an application a minimal cov ering according to the manufacturer's recommended rate of a substance or process which is designed to reduce; or control, ui1 repei certain disease organisms, insects, or other pests attacking such seed or seedlings growing therefrom 01 to otherwise im prove the planting value of the seed and the covering substance may contain identify ing colorants and dyes.
(7X28) 'Tree and shrub seeds' means seeds of woody plants commonly known and sold as tree or shrub seeds in this state.
(8X29) "Variety' means a subdivision of a kind characterized by growth, yield, fruit, seed, or that is distinct, uniform, and stable; 'distinct' in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics fay which it c.aa be ditreieiitlateU Hum other plants of the same kind from all other varieties of public knowledge; 'uniform' in the sense that the variations irT essential and distinctive characteristics are describable; and 'stable' in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted
(9X30) "Vegetable seeds' means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.
(20X31) Weed seeds' means the seeds of all plants generally recognized as weeds within this state, and determined by methods defined by rule, and includes the prohib ited and restricted noxious weed seeds.
2-11-22.
(a) Labeling required. Each bag, container, package, or bulk of seeds which are sold, offered for sale, exposed for sale, or transported within this state for planting purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information specified in subsec tions (b) through (f) (j) of this Code section, which statement shall not be modified or denied in the labeling or on another label attached to the container. The labeler is re sponsible to assure that the required labeling is applied to each container or, in the case of bulk seed, that required labeling is shown on the invoice. All invoices and records pertaining to the shipment or sale of seed must show each lot number!
(b) Treated seeds. For all treated seeds, as defined in this article, for which a separate label may be used, the following information shall be given:
(1) A word or statement that the seed has been treated;
(2) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance and the rate of application;
(3) If harmful to human 01 olhtii vertebrate animals If the level of treatment exceeds the established tolerance or is not subject to an exemption to a tolerance, a caution

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2019

statement, such as 'Do not use for food or feed or oil purposes.' The caution for mercurials and similarly toxic substances shall be a poison statement or symbol and the label shall carry the words 'poison treated':; and
(4) If the seed is treated with an inoculant, the label must state the inoculant manufac turer's lot number and expiration date as listed on the inoculant's original package.
(c) Agricultural seeds seed. For agricultural seeds seed the following information shall be given except for grass seed mixtures as provided in (d) of this Code section; and for hybrids that contain less than 95 percent hybrid seed as provided in (j) of this Code section:
(1) The commonly accepted name of kind and variety of each agricultural seed compo nent in excess of 5 percent of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word 'mixture' or the word 'mixed' shall be shown conspicuously on the label, pro vided that the Commissioner may, through the promulgation of regulations, allow cer tain kinds of seed to be labeled 'mixed' without showing the percentage of each variety present;
(2) The net weight;
(3) The lot number or other lot identification;
(4) The origin (state or foreign country);
(5) The percentage by weight of all weed seeds;
(6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;
(7) The percentage by weight of crop seeds other than those required to be named on the label;
(8) The percentage by weight of inert matter;
(9) For each named agricultural seed:
(A) The percentage of germination, exclusive of hard seed or dormant seed;
(B) The percentage of hard seeds seed or dormant seed, if present; and
(C) The calendar month and year the test was completed to determine such percentage;
following the information given pursuant to subparagraphs (A) and (B) of this para graph, the 'total germination and hard seed' or 'total germination and dormant seed' may be stated as such, if desired; and
(10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.
(d) For seed mixtures for lawn or turf purposes or both lawn and turf purposes the following information shall be given:
(1) The word 'mixed' or 'mixture' shall be stated with the name of the mixture;
(2) The headings 'pure seed' and 'germination' or 'germ' shall be used in the proper places;
(3) The net weight;
(4) The lot number or other lot identification;
(5) Commonly accepted name of kind, variety, and origin of each agricultural seed com ponent in excess of 5 percent of the whole and the percentage by weight of pure seed in order of its predominance and in columnar form;
(6) Percentage by weight of agricultural seed other than those required to be named on the label (which shall be designated as 'crop seed');

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(7) The percentage by weight of inert matter;

(8) Percentage by weight of all weed seeds;

(9) Noxious weeds that are required to be labeled will be listed under the heading

'noxious weed seeds';

~

(10) For each agricultural seed named under paragraph (5) of this subsection;

(A) Percentage of germination, exclusive of dormant seed; and

(B) Percentage of dormant seed, if present; and

(C) The calendar month and year the test was completed to determine such percent ages. The test date for each component may be labeled or, if each component does not show a test date, the oldest test date shall be used for the mixture; and

(11) Name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within the state.

(e) For Agricultural seeds that are coated or pelleted:

(1) Percentage by weight of pure seed with coating or pelleting material removed;

(2) Percentage by weight of coating or pelleting material;

(3) Percentage by weight of inert material exclusive of coating or pelleting material;

(4) Percentage of germination is to be determine on 400 pellets with or without seeds;

(5) In addition to the provisions of paragraphs (1) through (4) of this subsection, label ing of coated or pelleted seed shall comply with the requirements of Code Section 2-1122 for the specific seed kind.

(f)(d) Vegetable seeds in containers of one pound or less. For vegetable seeds in contain ers of one pound or less or preplanted containers, mats, tapes, or other planting devices, the following information shall be given:

(1) The name of kind and variety of seed;

(2) The lot number or other lot identification;

(2K3) The year for which the seed was packed for sale as 'Packed for

' or the

percent germination and the calendar month and year the test was completed to deter

mine the such percentage uf germination;

(9X4) For seeds seed which germinate less than the standard last established by the Commissioner under this article:

(A) The percentage of germination, exclusive of hard seed or dormant seed;

(B) The percentage of hard seed or dormant seed, if present;

(C) The calendar month and year the test was completed to determine such percent age; and

(D) The For seed that germinate less than the standard last established by the Com missioner, the words 'below standard' in not less than eight point typerantt must be printed or written with permanence on the face of the label, in addition to the other information required, provided that no seed marked 'below standard' shall be sold if
it falls more than 20 percent below the established standard for such seed;

HK5) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this stater; and

(6) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number
of seeds in the container;

(eXg) Vegetable seeds in containers of more than one pound.

(1) For vegetable seeds in containers of more than one pound, the following information shall be given:

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(A) The name of each kind and variety present in excess of 5 percent and the percent age by weight of each in order of its predominance;
(B) The net weight or seed count;
(fiXC) The lot number or other lot identification;
tXD) For each named vegetable seed:
(i) The percentage of germination, exclusive of hard seed or dormant seed;
(ii) The percentage of hard seed or dormant seed, if present; and
(iii) The calendar month and year the test was completed to determine such percentages;
following the information given pursuant to such divisions (i) and (ii) of this subparagraph, the 'total germination and hard seed' or the 'total germination and dormant seed' may be stated as such, if desired; and
(E) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; and
(2) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.
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(h) For flower seed in packets prepared for use in home gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices, the follow ing information shall be given''
(1) For all kinds of flower seeds:
(A) The name of the kind and variety or a statement of type and performance charac teristics as prescribed in the rules promulgated under this article;
(B) The calendar month and year the seed was tested or the year for which the seed was packaged;
(C) The lot number or other lot identification;
(D) The net weight or seed count; and
(E) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this state;
(2) For flower seed kinds for which standard testing procedures are prescribed and that germinate less than the germination standard last established by rule under this article:
(A) Percentage of germination, exclusive of hard seed or dormant seed;
(B) Percentage of hard seed or dormant seed, if present; and
(C) The words "below standard' in not less than eight-point type; and (3) For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. (i) For flower seed in containers other than packets and other than preplanted contain ers, mats, tapes, or other planting devices and not prepared for use in home flower gar dens or household plantings, the following information shall be given:

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(1) The name of the kind and variety or a statement of type and performance charac

teristics as prescribed in the rules promulgated under this article and tor wiidtlowers

the genus and species and, if appropriate, the subspecies;

"

(2) The lot number or other lot identification;

(3) The net weight or seed count;

(4) For wildflower seed only with a pure seed percentage of less than 90 percent:

(A) The percentage, by weight, of each component listed in order of their predominance;

(B) The percentage by weight of weed seed if present; and

(C) The percentage by weight of inert matter;

(5) For those seed kinds for which standard testing procedures are prescribed;

(A) Percentage of germination, exclusive of hard seed or dormant seed;

(B) Percentage of hard seed or dormant seed, if present;

(C) The calendar month and year that the seed was tested or the year for which the seed was packaged; anH

(D) For flower seed kinds that germinate less than the germination standard last established by rule under this article, the words 'below standard' in not less than eight-point type;

(6) For those kinds of seed for which standard testing procedures are not available, the year of production or collection; and"

(7) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.

(j) For hybrid agricultural and vegetable seed, the following is required:

(1) If any one kind or kind and variety of seed present in excess of 5.0 percent is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure ieed which is hybrid seed is shown separately, if two or more kinds or varieties are present in excess of 5.0 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 90 percent hybrid seed as a result of Incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90 percent hybrid seed;

(2) Hybrid wheat, hybrid millet, and other hybrids to be established by rule shall be labeled the same as all other hybrids except that if any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as" a result of incompletely controlled pollination shall be labeled to show the percent age of pure seed that is hybrid seed. No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed. Any seed containing less than 95 percent hybrids must be labeled as a mixture; and

(3) In addition to the provisions of paragraph (1) of this subsection, labeling of hybrid agricultural and vegetable seed shall comply with the requirements of Code Section 211-22 for the specific seed kind and, if appropriate, quantity.
2-11-23.

(a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricul tural, vegetable, flower, tree, or shrub seed within this state:

(1) Unless the test to determine the percentage of germination required in Code Sec tion 2-11-22 shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure

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for sale, offering for sale, or transportation. This prohibition does not apply to agricul tural or vegetable seed in hermetically sealed containers. Agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions defined in rules and regulations promulgated under the provisions of this article may be sold, exposed for sale, or ottered for sale or transportation for a period of 24 months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically sealed containers are sold, exposed for sale, or ottered tor sale or transpor tation more than 24 months after the last day of the month in which they were tested prior to packaging, they must have been retested within a nine-month period, exclu sive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or ottering for sale or transportation;
(2) Not labeled in accordance with this article or having false, or misleading, or illegi ble labeling;
(3) Pertaining to which there has been a false or misleading advertisement;
(4) Consisting of or containing prohibited noxious weed seeds;
(5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this article or in excess of the number declared on the label attached to the container of the seed or associated with the seed; or
(6) Represented to be 'certified seed,' 'registered seed,' or 'foundation seed,' unless it has been produced and labeled in accordance with the procedures and in compliance with rules and regulations of a legally authorized seed certification or registration agency:; or
(7) Labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which a United States certificate of plant variety protection under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a class of certified seed, provided that seed from a certified seed lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety
(b) It shall be unlawful for any person within this state:
(1) To detach, alter, deface, or destroy any label provided for in this article or the rules and regulations made and promulgated hereunder or to alter or substitute seed in a manner that may defeat the purpose of this article;
(2) To disseminate any false or misleading advertisements concerning seeds in any manner that may defeat the purpose of this article;
(3) To hinder or obstruct, in any way, any authorized person in the performance of his or her duties under this article;
(4) To fail to comply with a 'stop sale' order or to move from the premises or dispose of any lot of seed or the tags attached thereto held under a 'stop sale' order, except with express permission of the enforcing officer and for the purpose specified thereby;
(5) To use the word 'trace' as a substitute for any statement which is required; or
(6) To use the words 'or better,' 'more than,' 'less than,' or similar words in connection with any information required on purity analyses:;
(7) To use the word 'type' in any labeling in connection with the name of any agricul tural seed variety; or
(8) To alter or falsify any seed label, seed test, laboratory report, record, or other docu ment pertaining to seed dealings for the purpose of defrauding or misleading the pur chaser or to create a misleading impression as to kind or variety, history, quality, or origin of seed.

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2-11-24.
Each person whose name or approved A.M.S. code number or other approved designation appears on the label as handling seeds seecTsubject to this article shall keep, for a period of two years, complete records of each lot of agricultural, or vegetable, flower, tree, or shrub seed handled and shall keep, for one year, a file sample of each lot of seed after final disposition of such lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Commissioner or his the Commissioner's agent during customary business hours.
2-11-25.
The duty of enforcing this article and the carrying out of its provisions and requirements shall be vested in the Commissioner of Agriculture, who may act through his or her au thorized agents. He shall have authority:
(1) To sample, test, make analysis of, and inspect any seed transported, sold, or offered or exposed for sale within this state for planting purposes, at such time and place and to such extent as may be deemed necessary to determine whether such seed is in com pliance with this article;
(2) To enter upon any public or private premises during regular business hours in or der to have access to seeds and the records connected therewith subject to this article and rules and regulations promulgated hereunder;
(3) To issue and enforce a written or printed 'stop sale' order to the person or vendor of any seed which is in violation or is believed to be in violation of any of the provisions of this article or rules and regulations promulgated hereunder;
(4) To furnish adequate facilities for testing seed and to employ qualified persons for making such tests;
(5) To publish or cause to be published the results of the examination, analysis, and testing of any agricultural or vegetable seed sampled in accordance with this article, together with any other information that the Commissioner may deem advisable;
(6) To provide that any person in this state shall have the privilege of submitting seed samples for testing, subject to the charges made for samples submitted as prescribed in rules and regulations promulgated under this article; provided, however, that seed samples shall be tested without charge for farmers who do not have a seed license; and
(7) To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act.
2-11-26.
(a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each place of business point of sale, from which seed are sold, offered for sale, or exposed for sale. Out-of-state whole sale and retail seed dealers who sell or ship seed into this state shall obtain a license in the same manner. Such licenses shall be valid until levoked as provided by hubhuction (b) of this Code section renewable in August of every third year following issuance. Seed dealer license fees shall be established by rule promulgated under this article!
\u) .Any iictuifeti issu&d u.iiu.^1 LriiS fl-i'tidc ni3.y D6 I*GVOK.&Q Dy tlic LJOiiiiiiissioiiGi1 upoii sstisi&ctory pinooT trifli. trie licdiiScci ri&s viols.tcu Lliii <ii Liclc oi <my ru.16 01* i*6^uli.lijiOii .pFOiinir5
^3.tcQ Ullutil Lliife 3.1*1.1CiG. ING 11C6HS6 ISSUGu. Uilutir1 llllS tH'tlClG 5113.11 DSrGVOK.^u li^ tflG
vyOJUIUiSSiOilCr U-Q1&&S Llic LJuiUiillSSiOilt;!' lliiS gjiVcll Lllc liCtilifctiti iluLiCtiOr tllG iii.Ld.il' tG
I'ctVGitG illCll llCiillSci ch.iiu tile iGSSOil. tll6r6IOf clilu UiiLil tf!6 vjOHTHllSS10Il@r 11S.S ^[i'V'&il tfl6
licensee a hearing. The Commissioner may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this chapter

MONDAY, MARCH 18, 1996

2025

or the rules promulgated under this article or who impedes, obstructs, hinders, or other wise prevents or attempts to prevent the Commissioner or the Commissioner's agent in the performance of his or her duty in connection with the provisions of this article:
(1) Issuance of a warning letter;
(2) Imposition of an administrative fine not more than $1,000.00 per occurrence, sus pension of a license, or both; or
(3) Revocation of the seed dealer's license.
Actions stated in paragraphs (2) and (3) of this subsection shall be preceded by a depart mental hearing to consider evidence that the licensee has violated this article or any rule or regulation promulgated under this article.
(c) No person who has not complied with this Code section shall sell or offer for sale any seed within this state.
2-11-27.
\Si} J. 01 trie" pU.i'jjOiti OI CU*VyiI1^[ OUt tlliS S-itiClcj Ulcs LJOIlliHISSiOiIci', WiiG illa.y ctCt~uuOUgfX luS <iU.Lliui'iZtu. cij^ciiLfe, iS cILlLliul IZcCl tO piOV1Q6 t>11Lt/ 3.Hy ^i^lSGil WilO ClOciS HOC JllVc Si IlXcu plflCG Oi t)U.SlI16SS 01* WT1G IS trfl.VGTlllJ 01 p^uCtllH^ OT WIIO 16 Jill itiilOl 3.ilt flilu TWHG S & ITS 01*
otifii's tor fecili5 sfesd ill tins st<itt srtitll comply witri 3.11 tiifi rscfuir&iiiciitjS 01 tins idi'tiCitit 3.110. uf all seed laws uf this stale.
\O^ AS <1 1111*11161' in c(^U.ir^illciitj U.iy pOl'SOIl C0illiri Uiiu.5T* tftiS UOClc ScuLiuii S113.ll DC T&CJ^llirGtl, UpOll flpjlliCfl-t/lGlT tOl* 3 lICGilSft tO S6II ui* Oll^i tOl1 Sfl.lc SiiciCl lil tllife SLHLti, to lUl'IllSri 3.
sm'ety bond of not less than $1,000.00, payable tu the Commissioner, fei the uhe and D61T6T1L ot tri6 Duysr 01 sfesti Dou^iit iroiii sticri person wii.o is CI'^.VGIIII, pscicniiigj oin is <iii
iti.il6F3.ilt, Wil^rinS^SCl. 3.r6nSOlu WltrLOlit COlHpti&ilCc W'ltll 3.11CI Hi VlOlfl-tiOii. 01 tlUS SI'tlClG fltllu. OuI131~ ~S66u I3.W^S^OI tfliS SLctLc. oUCll DOliu Slitili uc ^iA*cil 101 tile pl'OtfeCtiwil OI tH^ IS.iniUSrS OI trliS StiiLc ciiiCl rOi til6 pU.i ^X)S^ 01 Ceii'l'yiil^ Ollt trtlS cll'tiClS.
(c) No peihon whu has nut complied with this Code hection shall sell or uffer fui sale auy iiaed williin thih stale, Reserved.
2-11-28.
The Commissioner shall have authority to promulgate and enforce such rules and regula tions as he the Commissioner may deem necessary to carry out or make effective this article. Such rules and regulations may:
(1) Provide such additional definitions of terms as the Commissioner believes are needed;
(2) Provide a noxious weed list and add to or subtract therefrom from time to time;
(3) Prescribe minimum standards of germination and purity and maximum amounts of inert matter and weed seed;
(4) Prescribe the maximum number of weed seeds per pound allowed for each type of restricted noxious weed;
(5) Govern Specify the methods of sampling, inspecting, analysis, testing, and exami nation of seed and the tolerance to be followed in the administration of this article, which shall be in general accord with the officially prescribed practice in interstate commerce;
\\j) A i'OVidC tOi lltilCl tcciUi.flf ctilCi iiliiKti IcCjUiI'fiUlGiltS I011 SpttCi&l pfii'illiLS 101 Lllc fe<HG OI ftyDl'iu COlH SSGu 111Q~ SttC11 OtH^l* iccuft uciii^ Svlu. lJ.riO.fei1 VSi'icty iictillGS <iS ill&y 0^

2026

JOURNAL OF THE SENATE

(7X6) Prescribe the form of tags or labels;
(8X7) Fix the number of tests allowed to any one person, firm, corporation, etc.;
(9X8) Fix charges for tests made; and
(9) Prescribe minimum standards for seed vigor when such standards have been devel oped and standardized by the Association of Official Seed Analysts (AOSA) and to re quire the results of any seed vigor test to be placed upon seed labels; and
(10) Prescribe such other rules and regulations as may be recommended by the Seed Advisuiy Committee necessary to secure the efficient enforcement of this article. 2-11-29.
(a)'There is created a Seed Advisory CoiHinitte^ ~fco-be composed of the ibH.Gwij.ig persons who, aside fiuni the eA uflluiu members, shall be selected by the heads uf the institutions
ie CommissiQii^r of Agriculture ex GfficjAj as chairman-*
ppOiiiLcfi ot trie (jrOveniGt1 WIIG is not tn6~~A\ttoi*ii6y-ijroii6raij
roiimeiiLal Sciences uf the University of Georgia,
(4) One inenibei from the Coastal Plains Experiment Station;
(\irj./\ r\JVH^jxK-.Ti.WriUc\-mT.KucJ.j' f1i1-.un.irun fwhiac vP_/Tu.ju\.^Tj.^cii'aa.i1-/^1FvJel nTT/A^ivjtC^niits:'mwiir.-QojeHitvrijiuj3c.-,
,
(7) Oue uieuibm from the College of Agricullmal and Environmental Sciences of the Univeihity uf Geuigia,
\o) vJiie iii&mDGr irom tus tjrooi is \jrop iiupi oVCJUGII* Association) me. , HUG
(9) One membui from the Georgia Farm Bureau Federation.
(ij) iiic LJuiiiillii&iOllti Slicill be COilipcilStltcfl cLS Jjiuviucu u^" IdW. i lltc OHici" liicilluci S 01 Llic uOilliilittcrc: 6i~iciil DC COiilpci'ifaaLcu ip^U.UU ^icz u^iy I0i~ cidCll uiy 01 iici'ViCc Oil OU&uicoD OI tile COixLlilitLcc?, tu Oc j^jaiii li Oiii trie; ILlilufi OI tOc XJc
) Hie: Cvjiiniiittcc Slicill iSct'Vc in 111 (iJvioOi^ CapcitiLy LO Llic OOiil j t>0 Lllib ciiLiClc. iNO I'tilc wl IcgtilciLiOtji Siirtll Uc; piOiiilii-
gatcu U_y Llic \Juiiinii66iOiici" vVitl~iOUt COiiSulLni^ Lilc idViSOl"y COiiiiiiiLLcc.
(uj X lit; octrCi AClviAOi^y DOiiiiiiittcc iS &&Sigjiicil CO tlic Uf^j^ai Ltliciit OI rx^iiCLlimit:; !Oi~ &u-
miiiistraLive pui puses only as prescribed in Code Section 00-4-0 Reserved. 2-11-30.
Any seed sold, offered for sale, or exposed for sale in violation of this article or rules and regulations promulgated under this article shall be subject to seizure on the complaint of any authorized agent of the Commissioner to the superior court of the county where the seed is located. If the court finds the seed to be in violation of this article and orders its condemnation, the seed shall be destroyed, reprocessed, relabeled, or otherwise disposed of in compliance with the laws of this state and as directed by the court. In no instance shall the court order such disposition of such seed without first having given the claimant an opportunity to apply to the court for the release of the seed or for permission to pro cess or relabel it to bring it into compliance with this article. 2-11-31.
The Commissioner is authorized to apply for and the court is authorized to grant a tem porary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or rules and regulations promulgated under this article, notwithstanding the existence of other remedies at law. Such injunctions shall be issued without bond.

MONDAY, MARCH 18, 1996

2027

2-11-32.
No person or vendor shall be subject to the penalties of this article for having sold or offered or exposed for sale in this state any seed incorrectly labeled or represented as to variety or origin when the variety or origin of such seed could not be identified by exami nation thereof, unless he or she failed to obtain an invoice, grower's declaration, or other document indicating variety and origin and failed to take such other precautions as were necessary or required to ensure that the identity and variety of the seed was were as stated. 2-11-33.
Code Sections 2-11-21 and 2-11-22 shall not apply;
(1) To seed sold by a farmer or grower to a seed dealer or piucusbui conditioner or in storage in or consigned to a seed cleaning or piucessing conditioning establishment for cleaning or processing, provided that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to this article;
(2) To seed grown by a farmer or other person, who sells it as such, when it is sold at his or her own farm and he or she does not advertise or transfer it by any public carrier provided such activity is not in conflict with paragraph (7) of subsection (a) of Code Section 2-11-23 or requirements of the United States Plant Variety Protection Act;
(3) To seed or grain not intended for planting purposes, provided that such seed or grain sold to a farmer or consumer which could be used for planting purposes shall be marked or tagged 'for feed" or 'not for planting"; and
(4) To any carrier, in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if such carrier is not engaged in produc ing, processing, or marketing agricultural or vegetable seed which is subject to this article. 2-11-34.
(a) Any person or vendor violating any of the provisions of this article or rules and regu lations promulgated under this article shall be guilty of a misdemeanor.
(b) When the Commissioner or any of his the Commissioner's authorized agents find that a person has violated any of the provisions of this article or rules and regulations promul gated under this article, he the Commissioner may institute proceedings in the superior court of the county in which the violation occurred to have such person convicted therefor or may file with the prosecuting attorney, with the view of prosecution, such evidence as may be deemed necessary.
(c) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted against the accused.
(d) Nothing in this article shall be construed as requiring the Commissioner or any of his the Commissioner's authorized agents to report, for prosecution or for the institution of seizure proceedings, minor violations of this article when he the Commissioner believes that the public interest will best be served by a suitable notice of warning in writing."
SECTION 2.
Said chapter is further amended by striking in its entirety Article 3, relating to certification of seeds and plants, and inserting in lieu thereof the following:
"ARTICLE 3
2-11-50.
The General Assembly declares that for the purpose of fostering improved agricultural methods, promoting advances in agricultural fields, and giving legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of this state a method for protecting the public in the guarantee of the high quality of seeds

2028

JOURNAL OF THE SENATE

and plants for various agricultural pursuits. It is the intent of the General Assembly to carry out that policy by this article, protecting the public from false claims and unwar ranted statements as to genetic identity, varietal purity, and germinating viability of seeds and plants presented and claimed to be foundation, registered, or certified.
2-11-51.
For the purposes of this article, the term:
(1) 'Certified seed' means the progeny of foundation, registered, 017 in special cases; certified seed; which is so produced and handled as to uiauiUiiij. ialisfacloi'.y genetic purity and identity, as approved and meets the standards of certified by the official seed certifying agency.
(2) 'Foundation seed' means the progeny of breeder's seed 017 in special cases; the prog eny of foundation seed, so handled as to mu&t ueaily maintain specific genetic purity
cHitl IdGillityj 15 QCSlj^iicilftCl nQJ^tih^ ulllCiitlrlSftSu. Cd'tilyill^ l^J6HCy. A* OUilu.<iLi011 StiCQ lUci.^ DC jjl Oil UCtitl OHiy Dy 01* Uliucl1 Lllti ull'tiCL SU.pciTViSiGil 01 til tpplGVG(l ^^Ji'OilOilliSt 01 iiiSti~
tntroir which meets the standards of the official seed certifying agency.
\A) Ull itS llticiClv^ U<11 Lcilfe 1ell 1117
(JJ) Oil <i lili'iii Gi'g&iliZbu &S Si bi'iiilCll 01 isllCli liectLU^UcU'lei'iS icli'iii, Witll a L[Ucilillt;u pliiilL Di't^titrcl' nl Cil&i'^Jc 01 SUCll pfOuUCtiGiVJ Oi"
((J) On 3. i&rfli: ^)p6r3.ttiig Aindsr contr3.ctu.fll flgrssiustit with ttid liiidd* tn6 direct supervision ot the origiflflting or sponsoring pljint br66d6r or iiistitutioii tor tii^ pro-
uUCtiiOil 01 IOU.il.u3.t>iOil Scciu.. J.' OUilufLtiOil fecicJ SII3.1H56 TJilG iSOU.l*C6 01 r6lSC61"6u. S66u OTj
(3) 'Plant' means seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other parts used in the propagation of field crops, vegetables, fruits, flowers, trees, or other plants.
(4) 'Registered seed' means the progeny of foundation seed and meets the standards of the official seed certifying agency. Registered seed shall be su handled a& to maintain iati&tactui'.y genetic pui'ily and identity as de&lgiiated by the official seed ceitifymg
ei^tiiiCy . Ivc j=Jii LferGQ StitiQ S113.ll DG pl'OQUCSCl LlUQGl1 tI16 ^il^i ^1 SttJiftl*VlSiOil 01 3.11 3.p-
provcu ci^i'oiioiiiist 3iicl uucter tfi6 rcju.l3.tions or Lilt; L*lliCi<il SfcJtJtl ^i6rtiiyiii 3,^siicy.
(5) 'Seed' means the true seeds of all field crops, vegetables, flowers, trees, or other plants.
(6) "Variety' carries its original meaning and includes 'strains' of varieties which are sufficiently different from the parent variety to justify special designation. 2-11-52.
In order to execute the policy stated in Code Section 2-11-50, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. He The dean shall desig nate the Georgia Crop Improvement Association, Inc., as certifying agency, provided that the Georgia Crop Improvement Association, Inc., must be in good standing with the fa= ternatkmal Crop Improvement Association Association of Official Seed Certifying Agen cies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. 2-11-53.
It shall be a misdemeanor for any person, firm, association, or corporation selling seeds or plants in this state to use any evidence of certification, including specially designed tags or any tags similar thereto or the word 'certified,' on any package of seeds or plants, unless such seeds or plants have been duly inspected and certified as provided for in this article or have been inspected and certified by a legally constituted agency of another

MONDAY, MARCH 18, 1996

2029

state or foreign country. The duty of enforcing this Code section shall be vested in the Commissioner."
SECTION 3.
Said chapter is further amended by striking in its entirety Article 4, relating to the Seed Arbitration Council, and inserting in lieu thereof the following:
"ARTICLE 4
2-11-70.
(a) The intent and purpose of this article is are to provide a method for assisting farmers, persons purchasing seed and commercial fruit and nut trees, and persons selling seed and commercial fruit and nut trees in determining the validity of complaints of seed and commercial fruit and nut trees purchasers against seed and commercial fruit and nut tree sellers relating to the quality and performance of the seed and the identity of the variety of fruit and nut trees by establishing a committee to investigate, hold informal hearings, make findings, and render recommendations in the nature of arbitration pro ceedings where damages suffered by seed and commercial fruit and nut trees purchasers are caused by the alleged failure of the seed to perform as represented or to conform to the description on the labeling thereof as required by law or to be the variety of fruit or nut tree represented by the seller.
(b) In order to effectuate the intent and purpose set out in subsection (a) of this Code section, there is created the 'Seed Arbitration Council.'
2-11-71.
As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state.
(2) 'Council' means the Seed Arbitration Council.
(3) 'Person' means an individual, firm, partnership, corporation, or company.
(4) 'Purchaser' means the person who buys agricultural, flower, tree, shrub, or vegeta ble seed subject to Article 2 of this chapter or any commercial fruit or nut tree.
(5) 'Seller' means any person who sells seed, including but not limited to; the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation and any person who sells commercial fruit or nut trees.
2-11-72.
(a) At the time of purchase of agricultural, vegetable, flower, tree, or shrub seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings or at the time of purchase of any commercial fruit or nut tree, language setting forth the requirement for tiling a complaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed or on a label attached to or on the invoice covering the commercial fruit or nut tree.
(b) Such language shall be in addition to the labeling requirements specified in Code Section 2-11-22 and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner.
(c) If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed or on a label or invoice covering the commercial fruit or nut tree, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section 2-11-73.

2030

JOURNAL OP THE SENATE

2-11-73.
(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable and flower seeds in packets weighing less than one pound for useTn home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the dam ages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged detect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail.
(b) A filing fee of $75.00 shall be paid to the Commissioner with each complaint filed. Such fee shall be recovered from the seller upon recommendation of the Seed Arbitration Council. The filing fee shall be forfeited if the complaint is independently settled be tween the purchaser and seller prior to the informal hearing scheduled by the council. Such independent settlement serves to close the file on the complaint.
(c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint. Upon receipt, the Commissioner shall send a copy of the response to the purchaser by registered or certified mail.
(d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint.
(e) Upon receipt of findings and recommendations of the Seed Arbitration Council, the Commissioner shall transmit said items to the purchaser and seller by registered or cer tified mail.
(f) The purchaser and seller shall give written notice to the Commissioner of the accept ance or rejection of the Council's recommendations within 30 days of the date the deci sion is mailed to the purchaser and seller.
2-11-74.
(a) The Seed Arbitration Council shall be composed of five members. One member and one alternate shall be appointed upon the recommendation of each of the following indi viduals or executive committee.
(1) The director of associate dean for the Cooperative Extension Service of the Univer sity of Georgia;
(2) The director of associate dean for the experiment stations of the College of Agricul tural and Environmental Sciences of the University of Georgia;
(3) The president of the Georgia Farm Bureau Federation;
(4) The pie&ident executive committee of the Georgia Seedmeii's Seedsmen's Associa tion; and
(5) The Commissioner of Agriculture.
(b) Each member and each alternate shall continue to serve until a replacement has been recommended by their his or her appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate.

MONDAY, MARCH 18, 1996

2031

(c) The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and delibera tions and perform such other duties as the chairperson may direct.
(d) The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner.
(e) Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization.
2-11-75.
(a) Upon receipt of a seed buyer complaint or a commercial fruit or nut tree buyer com plaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint.
(b) Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed or commercial fruit or nut tree purchaser filing the complaint, such determination to be made by the chairperson.
(c) The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings.
(d) In conducting its investigation, the council, in addition to other activities deemed necessary, is authorized to:
(1) Examine the purchaser on the use of the seed of or commercial fruit or nut tree or trees about which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed or commercial fruit or nut tree or trees alleged to be faulty or of a different variety;
(2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary;
(3) Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may participate directly in the proceeding; and
(4) Seek evaluations from authorities in allied disciplines when deemed necessary.
(e) Any investigation made by less fewer than all of the councilmembers shall be by au thority of a written directive by the chairperson, and such investigation shall be summa rized in writing and considered by the council in reporting its findings and recommendations.
(f) The Attorney General shall provide legal services for the council.
2-11-76.
(a) After completion of the informal hearing by the council, a report of findings and rec ommendations shall be transmitted to parties present at the arbitration process pursu ant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following:
(1) That no action be taken;
(2) That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice;
(2.1) That money damages be paid to the purchaser of a commercial fruit or nut tree or trees as a result of the alleged failure of the tree or trees to be the variety represented

2032

JOURNAL OF THE SENATE

to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees;
(3) That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or
(4) Such other recommendation found by the council to be fair and equitable to the parties.
(b) In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperate in the arbitration proceedings.
2-11-77.

Pursuant to Chapter 13 of Title 50, of the 'Georgia Administrative Procedure Act,' the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article."

SECTION 4.

This Act shall become effective on July 1, 1997.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate adopt the Conference Committee report on SB 583.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy
Bowen Broun of 46th Brown of 26th Edge

Farrow
Henson Hill James Johnson of 2nd

Ralston
Ray Stokes Taylor

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 583.
Senator Ralston of the 51st moved that Senator Edge of the 28th be excused due to legislative business. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Edge of the 28th was excused.

MONDAY, MARCH 18, 1996

2033

Senator Ralston of the 51st moved that Senator Farrow of the 54th be excused due to legislative business. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Farrow of the 54th was excused.
The following resolution was taken up to consider House action thereto:

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.
The House substitute was as follows:
A RESOLUTION

Creating the Joint Coastal Zone Management Study Committee; and for other purposes.
WHEREAS, Georgia's coastal economy such as tourism, industrial facilities, and fisheries are dependent upon the continued health and abundance of coastal resources, and the re cent crush of human population along the coast has put a severe strain on both facilities and resources; and
WHEREAS, with a coastal zone management program, the state would gain additional legal authority through federal approval to review activities in border states that are inju rious to Georgia's economy and coastal resources; and
WHEREAS, with a comprehensive coastal management program, the state bureaucracy may be reduced and consolidated to provide better, more efficient service, and Georgia would receive its share of federal funding for local projects.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Coastal Zone Management Study Committee to be composed of a total of ten members, consisting of four members of the Senate to be appointed by the President of the Senate, four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and, as ex officio members, the chairperson of the Senate Natural Resources Committee and the chairperson of the House Committee on Natural Resources and the Environment who shall be cochairpersons of the committee. Either cochairperson may call 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. The members of the committee shall receive the 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. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1996. The committee shall stand abolished on December 1, 1996.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SR 540.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Black Blitch Boshears

Burton
Cagle Clay Crotts

Day
Dean Gillis Glanton

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

Langford Madden
Marable McGuire Middleton Newbill Oliver Perdue
Pollard Ragan

Those not voting were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Cheeks

Edge (excused) Egan Farrow (excused) Henson

Ralston Scott Slotin Starr Stokes Tanksley Thomas Turner Tysinger Walker
Johnson of 2nd Ray Taylor Thompson

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 540.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on HB 1319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 1319 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator David Scott 36th District

1st Representative La Neet Stanley 50th District

/s/ Senator Terrell Starr 44th District

/s/ Representative Tom Buck III 135th District

/s/ Senator Sonny Perdue 18th District

/s/ Representative Richard Royal 164th District

Committee of Conference substitute to HB 1319:

A BILL
To be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, so as to authorize the imposition and levy of certain excise taxes upon certain rental motor vehicles; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; to provide for procedures, conditions, and limitations; to provide for statutory construction; to provide for reimbursements and procedures; to provide an effective date; to repeal conflict ing laws; and for other purposes.

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2035

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupation taxes, is amended by adding immediately following Article 4 thereof a new article to read as follows:
"ARTICLE 5
48-13-90.
It is declared to be the purpose and intent of the General Assembly that:
(1) Each county and municipality in this state shall be authorized to levy certain excise taxes as provided in this article; and
(2) Funds derived from such tax shall be made available for the purpose of promoting industry, trade, commerce, and tourism; for the provision of convention, trade, sports, and recreational facilities; and for public safety purposes.
48-13-91.
As used in this article, the term:
(1) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes.
(2) 'Rental motor vehicle' means a motor vehicle designed to carry ten or fewer passen gers and used primarily for the transportation of persons that is rented or leased with out a driver regardless of whether such vehicle is licensed in this state.
(3) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value.
48-13-92.
Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Consti tution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each district shall include all of the territory within the county except territory located within the boundaries of any municipality that imposes an excise tax on charges to the public for the rental or lease of rental motor vehicles under this article.
48-13-93.
(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. The tax levied pursuant to this article shall be levied or collected at the rate of 3 percent of the rental charges. The tax levied pursuant to this article shall be imposed only at the time when and place where a customer pays sales tax with respect to the rental charge. The customer who pays a rental charge that is subject to a tax levied as provided in this article shall be liable for the tax. The tax shall be paid by the cus tomer to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental motor vehicle concern until it is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. The rental motor vehicle

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concern collecting the tax shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the rental motor vehicle concern. Every rental motor vehicle concern subject to a tax levied as provided in this article shall be liable for the tax at the applicable rate on the charges actually collected or the amount of taxes collected from the customers whichever is greater.
(2) A county or municipality levying an excise tax as provided in paragraph (1) of this subsection shall only levy such tax by ordinance which shall specify with particularity the authorized projects or purposes, or both, for which proceeds of the tax are to be expended and shall apply in each fiscal year during which the tax is collected such tax proceeds for the purpose of:
(A) Promoting industry, trade, commerce, and tourism;
(B) Capital outlay projects consisting of the construction of convention, trade, sports, and recreational facilities, or public safety facilities, including the acquiring, con structing, renovating, improving, and equipping of parking facilities, pedestrian walkways, plazas, connections, and other public improvements associated with such convention, trade, sports, and recreational facilities or public safety facilities or the retirement of debt issued with respect to such capital outlay projects; and
(C) Maintenance and operation expenses or security and public safety expenses asso ciated with capital outlay projects funded pursuant to subparagraph (B) of this paragraph.
(3) Amounts collected pursuant to this article may be expended pursuant to a contract or contracts with a county, municipality, development authority, downtown develop ment authority, urban redevelopment authority, recreation authority, or any combina tion of two or more of such entities. Nothing in this article shall be construed to limit the formation of intergovernmental contracts pursuant to the authority granted by Ar ticle IX, Section III, Paragraph I of the Constitution of this state to accomplish the purposes described in paragraph (2) of this subsection including the construction and maintenance of facilities located outside the special district within which the excise tax is levied and collected and which benefit the special district.
(4) Any tax levied pursuant to this article shall terminate not later than December 31, 2038. Following the termination of the tax, any county or municipality which has lev ied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article.
(5) No tax shall be imposed under this article on the rental charge associated with the rental or lease of a rental motor vehicle if either:
(A) The customer picks up the rental motor vehicle outside this state and returns it in this state; or
(B) The customer picks up the rental motor vehicle in this state and returns it outside this state.
(6) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(7) Any action by a local governing authority to impose the tax authorized under this Code section shall become effective no sooner than the first day of the month following the month of its adoption by the local governing authority.
(b) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county.
48-13-94.
Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of deduction shall be 3 percent of the amount due but only if the amount due was not delinquent at the time of payment.

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2037

48-13-95.
The manner of imposition, payment, and collection of the tax and all other procedures related to the tax shall he as provided by each county and municipality electing to exer cise the powers conferred by this article.
48-13-96.
As a part of the audit report required under Code Section 36-81-7, the auditor shall in clude, in a separate schedule, a report of the revenues and expenditures pertaining to the tax under this article."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th moved that the Senate adopt the Conference Committee re port on HB 1319.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Clay Crotts Dean Gillis Griffin Harbison Henson Hill Hooks

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

Oliver Perdue Ragan
Ralston Scott Slotin
Starr Stokes Thomas
Turner Tysinger

Those voting in the negative were Senators:

Balfour Burton Cagle Cheeks

Day Glanton Gochenour Guhl

Newbill Pollard Tanksley Thompson

Those not voting were Senators:

Abernathy Bowen Broun of 46th Brown of 26th

Edge (excused) Egan Farrow (excused)

Ray Taylor Walker

On the motion, the yeas were 34, nays 12; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1319.
The following bill was taken up to consider House action thereto:

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

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by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.

The House amendment was as follows:
Amend the Senate substitute to HB 1243 by striking on page 5 line 5 through page 6 line 11.
By renumbering Section 6 and 7, "Section 5 and 6";
By striking the word "seven" on line 42 page 4 and adding the word "ten".
Senator Dean of the 31st moved that the Senate agree to the House amendment to the Senate substitute to HB 1243.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Burton Cagle Cheeks Clay Crotts Day Dean 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 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:

Abernathy Black Bowen

Broun of 46th Brown of 26th

Edge (excused) Farrow (excused)

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1243.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend the Senate amendment to HB 1403 by adding following line 10 of page 1 the following:
"By adding following the sentence ending on line 1 of page 4 the following:
'On and after September 30, 1996, no tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a pe riod of more than ten consecutive days or for use as meeting rooms.'"

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2039

Senator Land of the 16th moved that the Senate agree to the House amendment to the Senate amendment to HB 1403.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts Day Dean Egan 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 Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Brown of 26th Edge (excused)

Farrow (excused) Johnson of 2nd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1403.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act 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 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 provide for addi tional members; to provide for staggered terms of commission members; to change the length of terms; to authorize the members of the commission to determine the commission's quorum for conducting business; to amend an Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), so as to change a provision termi nating the commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, is amended by striking Code Section 16-5-23.1, relating to criminal battery, and inserting in its place a new Code section to read as follows:
"16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes substan tial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term 'visible bodily harm' means bodily harm capa ble of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d), (e), and (f), and (g) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, how ever, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there ex ists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defend ant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same house hold, then such ottense shall constitute the oftense of family violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor.
(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection (t) be applicable to reasonable corporal punishment administered by parent to child.
(fKg) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20."
SECTION 2.
Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, is amended by striking in their entirety subsections

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2041

(a) and (c) of Code Section 19-13-32, relating to the membership of the State Commission on Family Violence, and inserting in lieu thereof the following:
"(a) The State Commission on Family Violence shall consist of 96 37 members:
(1) Three ex officio members shall be the director of the Division of Family and Chil dren Services, the director of Women's Health Services in the division of public health of the Department of Human Resources, and the Attorney General;
(2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House;
(3) Three members shall be members of the Senate and shall be appointed by the Presi dent of the Senate;
(4) The remaining members shall be appointed by the Governor as follows:
(A) One judge from each judicial administrative district;
(B) Three advocates for battered women recommended by groups which have ad dressed the problem of family violence; and
(C) One person with expertise and interest regarding family violence involving per sons who are 60 years of age or older;
(D) One person with expertise and interest regarding family violence involving chil dren; ami
(OXE) One representative from each of the following:
(i) The Administrative Office of the Courts;
(ii) The Georgia Peace Officer Standards and Training Council;
(iii) The Georgia Association of Chiefs of Police;
(iv) The District Attorneys Association of Georgia;
(v) The State Board of Pardons and Paroles;
(vi) The probation system;
(vii) The Georgia Sheriffs' Association;
(viii) The Criminal Justice Coordinating Council;
(ix) The Solicitors Association of Georgia;
(x) The legal aid community;
(xi) The academic community;
(xii) Men Stopping Violence; and
(xiii) A former victim of domestic violence."
"(c) Members serving on July 1, 1996, or persons appointed to complete the unexpired terms of members serving on July 1, 1996, shall complete the terms for which they were appointed. The term of appointment shall be three years for initial successors to mem bers appointed in accordance with the following provisions of subsection (a) of this Code section: paragraph (2) and divisions (ii), (iv), (vi), (viii), (x), and (xii) of subparagraph (E? of paragraph (4). The term of appointment shall be three years for the initial members appointed in accordance with subparagraphs (a)(4)(C) and (a)(4)(D) of this Code section. Initial successors to judicial members appointed to represent even-numbered judicial ad ministrative districts shall be appointed for terms of three years. Two of the initial suc cessors tor members appointed in accordance with subparagraph (a)(4)(B) this Code section shall be appointed for terms of three years. The term of appointment shall be two years for initial successors to all other members except those serving ex officio. The letter of appointment shall set out the term for which each member is appointed. Thereafter^ each member shall be appointed shall sui ye for a term of three two years, and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official."

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SECTION 3.
Said article is further amended by striking in its entirety subsection (b) of Code Section 1913-33, relating to the commission's meetings, quorum, and expenses, and inserting in lieu thereof the following:
"(b) A quorum for transacting business shall be A. majority of determined by the members of the commission."

SECTION 4.
An Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), is amended 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."

SECTION 5.
This Act shall become effective July 1, 1996, and Section 1 of this Act shall apply only with respect to offenses committed on or after that effective date.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Stokes of the 43rd moved that the Senate agree to the House substitute to SB 610.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts Day Dean Egan Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Kemp Lamutt Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Brown of 26th Edge (excused) Farrow (excused)

Johnson of 2nd Johnson of 1st Land

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 610.

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2043

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

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.

The House amendment was as follows:
Amend the Senate amendment AM 26 0011 to HB 1155 by adding after the word "fair" on page 1, line 20 of the Taylor Amendment (AM 26 0011):
", as that term is defined in O.C.G.A. 2-2-8."
Senator Taylor of the 12th moved that the Senate agree to the House amendment to the Senate amendment to HB 1155.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Abernathy Bowen Clay

Edge (excused) Farrow (excused)

Johnson of 2nd Scott

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1155.
The following bill was taken up to consider House action thereto:

SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define cer tain terms; to provide for a court determination of a sexually violent predator.

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The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define certain terms; to provide for a court determination of a sexually violent predator; to create the Sexual Offender Registration Review Board which will assist the court in determining which offenders are sexually vio lent predators; to provide procedures in connection with making such determinations; to provide for the appointment, terms of office, compensation, and duties of the members of such board; to provide for registration requirements upon release, parole, supervised re lease, or probation of certain offenders; to provide for registration with the Georgia Bureau of Investigation; to require certain state officials to perform certain duties; to provide that the Georgia Crime Information Center shall create certain criminal justice information sys tems to facilitate carrying out the provisions of this Act; to provide for the transfer of cer tain information to local law enforcement agencies, the Federal Bureau of Investigation, and law enforcement agencies in other states; to provide for continuing registration and verification through local law enforcement agencies; to require each sheriff to maintain a register of information concerning certain offenders based on information received from the Georgia Bureau of Investigation; to provide for verification of information; to provide for notification of sheriffs of changes of address of certain convicted persons; to provide for registration for changes of address to another state; to provide for length of registration; to provide penalties for violations of this Act or for the provision of false information; to pro vide for release of information; to provide immunity to certain officials for good faith con duct; to provide for applicability with respect to another law; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provi sions applicable to penal institutions, is amended by adding at the end thereof a new Code Section 42-1-12 to read as follows:
"42-1-12.
(a) As used in this Code section, the term:
(1) 'Appropriate state official' means:
(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the sentencing court;
(B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subse quently released from prison or placed on probation, the commissioner of corrections or his or her designee; and
(C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board.
(3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.

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(4)(A) 'Criminal offense against a victim who is a minor' means any criminal offense under Title 16 of this Code that consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conduct that by its nature is a sexual offense against a minor.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.
(5) 'Mental abnormality' means a congenital or acquired condition of a person that af fects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the per son a menace to the health and safety of other persons.
(6) 'Predatory' means an act directed at a stranger or a person with whom a relation ship has been established or promoted for the primary purpose of victimization.
(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 166-4, relating to aggravated child molestation; Code Section 16-6-22.1, relating to sex ual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for a felony offense which under the laws of this state would be classi fied as a violation of a Code section listed in this paragraph.
(8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any fu ture predatory sexually violent offenses.
(b)(l)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section.
(ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section.
(B) A person who is a sexually violent predator shall register the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation until such requirement is terminated under paragraph (2) of subsection (g) of this Code section.
(2XA) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board.

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(B) The Sexual Offender Registration Review Board shall be composed of three profes sionals licensed under Title 43 of this Code and knowledgeable in the field of the be havior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1,1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immedi ately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and com missions as provided in Code Section 45-7-21.
(C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sex Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sex Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court deter mines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation.
(D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be ren dered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of this Code section shall no longer apply to such offender. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of this Code section.
(3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state offi cial shall:
(i) Inform the person of the duty to register and obtain the information required under subparagraph (bXD(A) for such registration;
(ii) Inform the person that, if the person changes residence address, the person shall give the new address to the sheriff with whom the person last registered;
(iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state if the new state has a registration requirement;

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(iv) Obtain fingerprints and a photograph of the person if such fingerprints and pho tograph have not already been obtained in connection with the offense that triggered the initial registration; and
(v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center.
(C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification.
(c) The appropriate state official shall, within three days after receipt of information de scribed in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Jus tice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification.
(d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code sec tion, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;
(B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form;
(C) The verification form stating that the person still resides at the address last re ported to the Georgia Bureau of Investigation shall be signed by the person and re tained by the sheriff; and
(D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the residence address.
(2) The provisions of paragraph (1) of this subsection shall be applied to a person re quired to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or com mencement of parole.

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(e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state if the new state has a registration requirement.
(f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person estab lishes residence in the new state if the new state has a registration requirement.
(gXD A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation.
(2) The requirement of a person to register under subparagraph (b)(l)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense.
(h) Any person who is required to register under this Code section and who fails to com ply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the third or sub sequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
(i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;
(2) Such information may be disclosed to government agencies conducting confidential background checks;
(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section is authorized to release relevant information collected under this Code section that is necessary to protect the public concerning a specific person required to register under this Code section, except that the identify of a victim of an offense that requires registration under this Code section shall not be released; and
(4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion.
(j) Law enforcement agencies, employees of law enforcement agencies, members of the Sex Offender Registration Review Board, and state officials shall be immune from liabil ity for good faith conduct under this Code section.
(k) The provisions of this Code section shall be in addition to and not in lieu of the provi sions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders.
(1) The Board of Public Safety is authorized to promulgate rules and regulations neces sary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Boshears of the 6th moved that the Senate agree to the House substitute to SB 53.

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

Those voting in the affirmative were Senators:

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

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 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

Day Johnson of 2nd

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 53.
The following bill was taken up to consider House action thereto:

SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrongful receipt of public assistance and ben efits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligi ble for such assistance or benefits.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 49-4-15 of the Official Code of Georgia Anno tated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, so as to change provisions relating to prosecution of such criminal offenses; to provide for the defer ral of such prosecutions under certain conditions; to provide for procedures relative to such deferrals; to provide for consent agreements between the prosecuting attorney and the ac cused; to provide for the contents and effect of such consent agreements; to provide for restitution; to provide for the filing of such consent agreements; to provide that the success ful completion of the terms and conditions of a consent agreement shall bar criminal prose cution for such offense; to provide for prosecution upon failure to comply with such an agreement; to provide an additional penalty for any person who fraudulently obtains public assistance or food stamps; to provide a short title; to provide that any such person shall be ineligible for such public benefits for one year for the first offense and forever for the second offense; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in ob taining public assistance, food stamps, or Medicaid, is amended by adding after subsection (c) new subsections (d) and (e) to read as follows:
"(d) Any felony offense under this Code section may be prosecuted by accusation as pro vided in Code Section 17-7-70.1.
(e)(l) Prior to the filing of an accusation or the return of an indictment, a prosecuting attorney may defer further prosecution of such accusation or indictment and shall have the authority to enter into a consent agreement with the individual in which such indi vidual admits to any overpayment, consents to disqualification for such period of time as is or may hereafter be provided by law, and agrees to repay, as restitution, such overpayment. Such agreement may provide for a lump sum repayment, installment payments, formula reduction of benefits, or any combination thereof. Such agreement shall toll the running of the statute of limitations for such offense for the period of the agreement. A consent agreement entered into in accordance with this subsection shall not constitute a criminal charge.
(2) Any such agreement shall be filed in the criminal docket of the court having juris diction over the violation of this Code section without the necessity of the state filing an accusation or an indictment being returned by a grand jury. The clerk shall enter upon the docket 'CONSENT AGREEMENT NOT A CRIMINAL CHARGE.'
(3) Upon successful completion of the terms and conditions of the consent agreement, criminal prosecution of the individual for such offense shall be barred; provided, how ever, that nothing in this paragraph shall prohibit the state from introducing evidence of such offense as a similar transaction in any subsequent prosecution or for the pur pose of impeachment. The successful completion of the terms and conditions of the agreement shall not be considered a criminal conviction.
(4) If the individual fails to comply with the terms of such consent agreement, the state may proceed with a criminal prosecution."
SECTION 1.1.
Section 1.2 of this Act shall be known and may be cited as the 'Two Strikes and You're Off Act.'
SECTION 1.2.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in ob taining public assistance, food stamps, or Medicaid, is amended by inserting at the end thereof the following:
"(d) Any person convicted of an offense stated in this Code section shall, upon the first such conviction, be ineligible to receive any form of public assistance or food stamps for a period of one year. For a second such conviction, such person shall be barred from receiv ing any form of public assistance or food stamps in this state for life; provided, however, that nothing in this subsection shall be construed so as to preempt any other law or regulation which would require an earlier denial of such benefits."
SECTION 2.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional when not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it

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had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 3.

No later than July 1, 1996, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement any part of this Act. Each portion of this Act for which such waiver is required shall become effective only if the waiver is obtained, and in that event shall become effective upon the ninetieth day follow ing the receipt of such waiver. The remainder of this Act shall become effective July 1, 1996.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Boshears of the 6th moved that the Senate agree to the House substitute to SB 446.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy James

Perdue Taylor

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 446.
The following bill was taken up to consider House action thereto:

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.
Senator Ray of the 19th moved that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Ray of the 19th, Gillis of the 20th and Marable of the 52nd.

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

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 House amendment was as follows:
Amend SB 499 by striking line 11 of page 1 and inserting in lieu thereof the following:
"service; to provide for per diem; to prohibit any officer of a political party from serving as county election superintendent or chairperson of a county board of elections; to provide for related".
By striking lines 32 and 33 of page 2 and inserting in lieu thereof the following:
"Said title is further amended by striking in its entirety Code Section 21-2-75, relating to the ineligibility of persons holding elective public office to serve on county boards of elec tions, and inserting in lieu thereof the following:
'21-2-75.

(a) No person who holds elective public office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as a member of a county board of elections during the term of such elective office; and the position of any county board of elections member shall be deemed vacant upon such member's qualifying as a candidate for elec tive public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state.
(b) No person who holds office in a political party at any level of such political party shall be eligible to serve as chairperson of a county board of elections during the term of such political party office. On and after the effective date of this subsection, the position of any chairperson of a county board of elections shall be deemed vacant upon such chairper son's assuming a political party office.
21-2-76.

No person who holds office in a political party at any level of such political party shall be eligible to serve as county election superintendent during the term of such political party office. On and after the effective date of this Code section, the position of any county election superintendent shall be deemed vacant upon such superintendent's assuming a political party office.'

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By renumbering Section 3 as Section 4.
Senator Madden of the 47th moved that the Senate agree to the House amendment to SB 499.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

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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

Those not voting were Senators:

Abernathy Black

Perdue Tanksley

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

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 499.
The following bill was taken up to consider House action thereto:

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.
Senator Edge of the 28th moved that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Edge of the 28th, Cagle of the 49th and Clay of the 37th.
The following bill was taken up to consider House action thereto:

SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to pro vide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respon dent to a term of confinement in a diversion center and participation in a diver sion program operated by the Department of Corrections, a sheriff, or a county.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to provide for interest on arrearage on child support, whether or not such arrearages have been reduced to judgment; to provide for applicability; to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to provide that when a person who is gainfully employed violates an

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order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program oper ated by a county; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize any county to establish a diversion center and diversion program for certain persons who have been found in contempt of court for viola tion of orders granting temporary or permanent alimony or child support; to provide that while the respondent is in the diversion program, he or she shall continue to engage in his or her occupation and shall satisfy any obligations of alimony or child support; to provide that the respondent shall be confined to the diversion center during certain periods; to require the respondent to pay a certain fee to cover the costs of incarceration and the ad ministration of the diversion program if funds remain after payment of alimony or child support; to authorize alternative methods of incarceration in certain circumstances; to pro vide for other features of the diversion program; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, is amended by inserting immediately fol lowing Code Section 7-4-12 the following:
"7-4-12.1.
All awards of child support expressed in monetary amounts shall accrue interest at the rate of 12 percent per annum commencing 30 days from the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgement in order to recover such interest."
SECTION 2.
Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of con tempt power and when jury trial required, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c)(l) When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in con tempt of court, the sentencing judge may sentence the respondent to a term of confine ment in a diversion center and participation in a diversion program if such a program has been established by a county pursuant to the provisions of Article 8 of Chapter 8 of Title 42."
SECTION 3.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
42-8-130.
A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain persons who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pur suant to subsection (c) of Code Section 15-1-4. While in such diversion program, the re spondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used

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by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such person shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling pro grams offered at the diversion center. While participating in the diversion program, the respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections 19-6-30 through 19-6-33 and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, the respondent may be charged and a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time the person is confined to the center and participating in the program. If the respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking said assignment to a diversion program and providing for alterna tive methods of incarceration."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Senator Guhl of the 45th moved that the Senate agree to the House substitute to SB 7. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Day Dean 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 Slotin Starr Stokes
Tanksley Taylor Thomas Thompson Turner
Tysinger

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Abernathy Brown of 26th Edge

Egan Johnson of 2nd Ragan

Ray Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 7.

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The following bill was taken up to consider House action thereto:
SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the defi nition of the offense of contributing to the delinquency, unruliness, or depriva tion of a minor.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for first and second degrees of the offense of cruelty to children; to provide for penalties; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by striking in its entirety Code Section 16-5-70, relating to cruelty to children, and inserting in lieu thereof the following:
"16-5-70.
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. Any person commits the offense of cruelty to children in the second degree when such person intentionally allows a minor to witness the commission of a forcible felony.
(c) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(d) A person convicted of the offense of cruelty to children in the second degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent ottense of cruelty to children in the second degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment."
SECTION 2.
This Act shall become effective on July 1, 1996, and shall apply to acts or omissions occur ring after July 1, 1996.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 159.

MONDAY, MARCH 18, 1996

2057

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

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Broun of 46th Johnson of 2nd

Langford Ray

Walker

On the motion, the yeas 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 159.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 30-5-4 of the Official Code of Georgia Anno tated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for a definition; to provide for reporting the need for protective services for certain persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 30-5-4 of the Official Code of Georgia Annotated, relating to reporting the need for protective services for disabled adults, is amended by striking paragraph (1) of subsection (a) thereof and inserting in lieu thereof the following:
"(a)(l) As used in this paragraph, the term 'elder person' means a person 60 years of age or over. Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, day-care per sonnel, or law enforcement personnel having reasonable cause to believe that a disabled

2058

JOURNAL OF THE SENATE

adult or elder person has had a physical injury or injuries inflicted upon him such dis abled adult or elder person, other than by accidental means, by a caretaker or has been neglected or exploited fay a caietaker shall report or cause reports to be made in accord ance with the provisions of this Code section. Any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section. When 7-provided, howevei, tlidt, when the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, he such person shall notify the person in charge of the facility and such person or his that person s de"sTgnee shall report or cause reports to be made in accordance with the provisions of this Code section."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 395.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James 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

Those not voting were Senators:

Broun of 46th Johnson of 2nd

Perdue Ray

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 395.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments, as amended by the House, to 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

MONDAY, MARCH 18, 1996

2059

for the compensation, expenses, and mileage allowance for part-time state court judges providing assistance in superior courts.
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 disagreed to the Senate substitute to the following bill of the House:
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.
The House insists on its position in amending the following bills 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.
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 agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
Senator Guhl of the 45th moved that the following Resolution of the House, having been placed on the Table on March 15, be taken from the Table:
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.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HR 1129 was taken from the Table.
Senator Perdue of the 18th assumed the Chair.

2060

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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.
Senator Farrow of the 54th moved that the Senate insist on its substitute to HB 1583.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1583.
The following bill was taken up to consider House action thereto:
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 amendment was as follows:
Amend the Senate amendment to HB 1683 (AM 19 0305) by striking lines 3 through 12 of page 1 and inserting in its place the following:
"Amend HB 1683 by striking line 1 of page 1 through line 40 of page 2 and inserting in their place the following:
'To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for addi tional powers, duties, and authority of the state revenue commissioner with respect to de veloping and prescribing electronic data processing systems; to change the terms of office of members of county boards of tax assessors; to provide for appointment procedures; to change the provisions relating to the filling of vacancies; to provide for records and informa tion which shall not be subject to the authority of county boards of tax assessors to sub poena witnesses, books, papers, or documents; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-270, relating to the developing and prescribing of electronic data processing systems, and inserting in its place a new Code Section 48-5-270 to read as follows:
"48-5-270.
The commissioner is authorized, from funds appropriated to the department, to develop and prescribe systems of data collection, appraisal, and assessment and any other sys tems relating to property valuation and assessment utilizing electronic data processing systems and equipment for use by county boards of tax assessors. The commissioner may purchase existing systemi~and services from other government agencies, educational in stitutions, or private businesses or contract with these entities for the development of information and new systems that may be utilized by county boards of tax assessors in property valuation and assessment. The commissioner shall actively seek out technologi cal advancements and systems that will improve the uniformity, fairness, and efficiency of property valuations and assessments and include his or her recommendations in the annual budget request!*

MONDAY, MARCH 18, 1996

2061

SECTION 2.
Said article is further amended by striking subsection (a) of Code Section 48-5-295, relating to the terms of office of members of county boards of tax assessors and the filling of vacan cies on such boards, and inserting in its place a new subsection (a) to read as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term ot'sS
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jtUGIiiuci WiiO O3.S COlil^ifetcu SiX yGlFS 01 Sci'ViCc Oil SUCli COU.lTty DO3.1*tl 01
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D61 S"'COIllplGtiil SiX j^CelFS Or Sftl*VlC6"lltfei~ ouiV 1, 19olj feU.Cli ullli;t; Sri3.ll OGCOillft V3.C3.ilLj LO
be filled as provided in this pai L not less than three nor more than six years and until a successor is duly appointed and qualified. A county governing authority shall, by resolu tion, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. Any mem ber of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the va cancy shall be filled and the appointment shall be made in the same manner as piovided by law for the appointment of the members of the boaid by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifi cations required under this part for regular appointment to a full term of office."
SECTION 3.
Said article is further amended by striking subsection (a) of Code Section 48-5-300, relating to the authority of county boards of tax assessors to subpoena witnesses, and inserting in lieu thereof the following:
"(a)(l) The Except as otherwise provided in paragraph (2) of this subsection, 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:

2062

JOURNAL OF THE SENATE

(A) Any income tax records or returns; (B) Any property appraisals prior to the appeal process; (C) All insurance policies; or (D) Any individual tenant sales information."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.'"
Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate amendment to HB 1683.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis

Glanton Gochenour Griffin Harbison Henson Hill James Johnson of 1st Kemp Lamutt Langford Marable

McGuire Middleton Pollard Ragan Ralston Ray Slotin Tanksley Taylor Thomas Thompson Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th Egan

Farrow Guhl Hooks Newbill

Oliver Starr Turner

Those not voting were Senators:

Black Johnson of 2nd Land

Madden (excused conferee) Perdue (presiding)

Scott Stokes Walker

On the motion, the yeas were 37, nays 11; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1683.
The following bill was taken up to consider House action thereto:

SB 498. 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 House substitute was as follows:
A BILL
To be entitled an Act 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, service marks, or copyrighted or registered designs, so as to prohibit the creation and use of forged or

MONDAY, MARCH 18, 1996

2063

counterfeit trademarks, service marks, or copyrighted or registered designs and the manu facture, possession, sale, offering for sale, transportation, or use of certain goods or prop erty containing or relating to forged or counterfeit trademarks, service marks, or copyrighted or registered designs; to provide for a definition; to prohibit the forging or coun terfeiting of trademarks, service marks, or copyrighted or registered designs and the use of forged or counterfeited trademarks, service marks, or copyrighted or registered designs; to provide that certain conduct shall constitute the offense of trademark, service mark, or copyrighted or registered design counterfeiting; to provide that certain conduct shall consti tute the offense of selling or offering for sale counterfeit goods or services; to provide for penalties; to provide a statement of legislative findings and purpose; to provide for the forfeiture of certain goods and property; to provide for the destruction, sale, or other dispo sition of goods and other property; to provide for procedures; to provide for exceptions; to provide for restraining orders and other remedies; to provide for bonds; to provide for the property which is subject to forfeiture; to provide for other matters relating to trademarks, service marks, or copyrighted or registered designs and the creation, registration, enforce ment, and protection thereof; to provide for other matters relative to the foregoing; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, service marks, or copyrighted or registered designs, is amended by adding at the end of said part a new Code Section 10-1-454 to read as follows:
"10-1-454.
(a) As used in this Code section, the term Torged or counterfeited trademark, service mark, or copyrighted or registered design' means any mark or design which is identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or copyrighted or registered design which is registered for those types of goods or services with the Secretary of State pursuant to this part or registered on the Principal Register of the United States Patent and Trademark Office or registered under the laws of any other state or protected by the federal Amateur Sports Act of 1978, 36 U.S.C. Section 380, whether or not the offender knew such mark or design was so registered or pro tected, if the use of such trademark, service mark, or copyrighted or registered design has not been authorized 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 trademarks, service marks, and copyrighted or registered designs.
(b) Any person who knowingly and willfully forges or counterfeits any trademark, service mark, or copyrighted or registered design, without the consent of the owner of such trademark, service mark, or copyrighted or registered design, or who knowingly pos sesses any tool, machine, device, or other reproduction instrument or material with the intent to reproduce any forged or counterfeited trademark, service mark, or copyrighted or registered design shall be guilty of the offense of trademark, service mark, or copy righted or registered design counterfeiting and, upon conviction, shall be punished as follows:
(1) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of $100,000.00 or more, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine not exceed $200,000.00 or twice the retail sale value of the goods or services, whichever is greater;

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JOURNAL OF THE SENATE

(2) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of $10,000.00 or more but less than $100,000.00, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than ten years and by a fine not to exceed $20,000.00 or twice the retail sale value of the goods or services, whichever is greater;
(3) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of less than $10,000.00, such person shall be guilty of a misde meanor of a high and aggravated nature; or
(4) If a person who violates this subsection previously has been convicted of another violation of this subsection, such person shall be guilty of a felony and, upon conviction of the second or subsequent such violation, shall be punished by imprisonment for not less than ten nor more than 20 years and by a fine not to exceed $200,000.00 or twice the retail sale value of the goods or services, whichever is greater.
(c) Any person who sells or resells or offers for sale or resale or who purchases and keeps or has in his or her possession with the intent to sell or resell any goods he or she knows or should have known bear a forged or counterfeit trademark or copyrighted or registered design or who sells or offers for sale any service which is sold or offered for sale in con junction with a forged or counterfeit service mark or copyrighted or registered design, knowing the same to be forged or counterfeited, shall be guilty of the offense of selling or offering for sale counterfeit goods or services and, upon conviction, shall be punished as follows:
(1) If the goods or services sold or offered for sale to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or af fixed, or in connection with which they are used, have, in the aggregate, a retail sale value of $10,000.00 or more, such person shall be guilty of a felony and, upon convic tion, shall be punished by imprisonment for not less than one nor more than five years and by a fine not to exceed $50,000.00 or twice the retail sale value of the goods or services, whichever is greater;
(2) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, have, in the aggregate, a retail sale value of less than $10,000.00, such person shall be guilty of a misdemeanor of a high and aggravated nature; or
(3) If a person who violates this subsection previously has been convicted of another violation of paragraph (1) of this subsection, such person shall be guilty of a felony and, upon conviction of the second or subsequent such violation, shall be punished by im prisonment for not less than five nor more than ten years and by a fine not to exceed $100,000.00 or twice the retail sale value of the goods or services, whichever is greater.
(d)(l) The State of Georgia finds and declares that the citizens of this state have a right to receive those goods and services which they reasonably believe they are purchasing or for which they contract. The state further finds that the manufacture and sale of counterfeit goods or goods which are not what they purport to be and the offering of services through the use of counterfeit service marks constitutes a fraud on the public and results in economic disruption to the legitimate businesses of this state. In order to protect the citizens and businesses of this state it is necessary to take appropriate actions to remove counterfeit goods from the channels of commerce and prevent the manufacture, sale, and distribution of such goods or the offering of such services through the use of counterfeit service marks.

MONDAY, MARCH 18, 1996

2065

(2) For the purposes expressed in paragraph (1) of this subsection, a person who is convicted of or pleads nolo contendere to a felony offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
(A) Any goods, labels, products, or other property containing or constituting forged or counterfeit trademarks, service marks, or copyrighted or registered designs or con stituting or directly derived from gross profits or other proceeds obtained from such offense;
(B) Any property or any interest in any property, including but not limited to any reproduction equipment, scanners, computer equipment, printing equipment, plates, dies, sewing or embroidery equipment, motor vehicle, or other asset, used to commit a violation of this Code section; and
(C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section.
(3) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in con nection with any interest that is subject to forfeiture.
(4) The court shall order forfeiture of property referred to in paragraph (2) of this sub section if the trier of fact determines beyond a reasonable doubt that such property is subject to forfeiture.
(5) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposi tion of any property forfeited under this subsection, provided that any property con taining a counterfeit trademark, service mark, or copyrighted or registered design shall be destroyed unless the owner of the trademark, service mark, or copyrighted or registered design gives prior written consent to the sale of such property or such trade mark, service mark, or copyrighted or registered design is obliterated or removed from such property prior to the disposition thereof. Any forfeited goods which are hazardous to the health, welfare, or safety of the public shall be destroyed. In any disposition of property under this subsection, a person who has been convicted of or who has entered a plea of nolo contendere to a violation of this Code section shall not be permitted to acquire property forfeited by such person.
(6) The procedure for forfeiture and disposition of forfeited property under this subsec tion shall be as provided for forfeitures under Code Section 16-13-49.
(e) An owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of this Code section occurs shall not be subject to a crimi nal penalty pursuant to this Code section unless he or she sells or possesses for sale articles such person knows bear a counterfeit trademark or copyrighted or registered design or offers services through the use of a counterfeit service mark or copyrighted or registered design in violation of this Code section. This subsection shall not be construed to abrogate or limit any civil rights or remedies for a trademark or service mark violation."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 498.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears
Bowen

Broun of 46th Brown of 26th Burton Cagle
Cheeks

Clay Crotts Day Dean
Edge

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JOURNAL OF THE SENATE

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 Pollard

Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Blitch Johnson of 2nd

Perdue (presiding) Ray

Thompson Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 498.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend the Senate amendment to HB 1479 by adding below line 7 of page 1 the following:
"and inserting in lieu thereof the following:
'to change the provisions relating to which offenses are bailable before a judge of the superior court; to amend Chapter 7 of Title 17 of the Official Code of Georgia Anno tated, relating to pretrial proceedings, 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 and good cause shown, grant one extension not exceeding 90 days to the 90 day period before the arrested person is entitled to such right to have the charges heard by a grand jury; to change the provi sions relating to when the accused shall have bail set upon application to the court when the grand jury has not considered the charges against the accused;'
By adding between lines 23 and 24 on page 1 the following:
'Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking in its entirety paragraph (9) of subsection (a) of Code Section 17-6-1, relating to where offenses are bailable and schedule of bails, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) Manufacturing, distributing, delivering, dispensing, administering, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;"

MONDAY, MARCH 18, 1996

2067

SECTION 2.'

By striking from line 22 of page 2 the following:

'SECTION 2.',

and inserting in lieu thereof the following:

'SECTION 3.'

By renumbering Section 3 on page 5 as Section 5 and by adding between lines 26 and 27 on page 5 the following:

'SECTION 4.

Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceed ings, is amended by striking in its entirety Code Section 17-7-50, relating to the right to a grand jury hearing within 90 days where bail is refused, and inserting in lieu thereof a new Code Section 17-7-50 to read as follows:
"17-7-50.

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney 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 extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the ex tended period of confinement where such an extension is granted by the court, the ac cused shall have a bail set upon application to the court." '"
Senator Taylor of the 12th moved that the Senate agree to the House amendment to Senate amendment #1 to HB 1479.
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 Farrow Gillis

Glanton Gochenour Griffin Guhl
Harbison Hill Hooks 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:

Black Blitch

Henson James

Johnson of 2nd Perdue (presiding)

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JOURNAL OF THE SENATE

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment #1 to HB 1479.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

COMMITTEE OF CONFERENCE REPORT ON HB 1647

The Committee of Conference on HB 1647 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 1647 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Hugh M. Gillis Senator, 20th District

/s/ Roy H. Watson, Jr. Representative, 139th District

IsJ Eddie M. Madden Senator, 47th District

/s/ DuBose Porter Representative, 143rd District

/s/ Richard 0. Marable Senator, 52nd District

/s/ Alan T. Powell Representative, 23rd District

Committee of Conference substitute to HB 1647:

A BILL
To be entitled an Act to amend Code Section 10-1-15 of the Official Code of Georgia Anno tated, 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 clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error; to provide for individual actions only; to provide an effective date and for applicability; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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," is amended by adding at the end thereof two new subsections (e) and (f) to read as follows:
"(e) A seller or holder shall not be held liable in any action brought under this Code section for a violation of this article if the seller or holder shows by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.
(f) The penalties under this Code section shall be the sole remedy for violations of this article and a claim of violation of this article may be asserted in an individual action only."

MONDAY, MARCH 18, 1996

2069

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all violations of "The Retail Installment and Home Solicitation Sales Act" occurring on or after said effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on HB 1647.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Hill Hooks James 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:

Brown of 26th Clay

Egan Henson

Johnson of 2nd Perdue (presiding)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1647.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act 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 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 applicability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, is amended by inserting in Code Section 17-7-70.1, relating to trial upon accu sations in certain felony cases, a new subsection to be designated subsection (a.l) to read as follows:
"(a.l) The provisions of subsection (a) of this Code section shall apply to violations of Code Section 16-13-30 whenever there has been a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or the accused has waived either expressly or by operation of law the right to this hearing."

SECTION 2.

This Act shall become effective on July 1, 1996, and shall apply to violations occurring on or after July 1, 1996.

SECTION 3.

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 494.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan 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 Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Farrow

Hill Johnson of 2nd

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 494.
Senator Farrow of the 54th assumed the Chair.
The following bill was taken up to consider the Conference Committee report thereto:

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

MONDAY, MARCH 18, 1996

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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.

The Conference Committee report was as follows:

The Committee of Conference on HB 1218 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 1218 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/a/ Arthur Edge Senator, 28th District

/si John Simpson Representative, 101st District

Isl Chuck Clay Senator, 37th District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Clay Land Senator, 16th District

/s/ Tommy Chambliss Representative, 163rd District

Committee of Conference 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 additional pay step for such secretar ies in certain circumstances; 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 circumstances; 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;

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(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^ lion 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 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; ari3
(D) A secretary who meets the criteria of subparagraph (B) of this paragraph and who has worked for at least two years for a state court judge whose duties included hear ings in state court and superior court shall receive an additional pay step above the compensation resulting from the application of subparagraph (B)."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HB 1218.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th Clay Farrow (presiding)

Hooks Johnson of 2nd Ragan (excused conferee)

Thomas Thompson

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1218.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to HB 1467 by striking "1998" and inserting "1997".
And by striking after "judges" on line 27 page 1 through "compensation" on line 32 page 1 and inserting therein the following:

MONDAY, MARCH 18, 1996

2073

"shall receive from state funds appropriated by the General Assembly for the operation of the superior courts for each day of service, the state salary of a superior court judge divided by 235."
Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to the Senate amendment to HB 1467.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Egan
Gillis
Glanton Gochenour
Guhl Harbison Henson
James
Johnson of 1st Lamutt Land Madden Marable

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

Those not voting were Senators:

Brown of 26th Farrow (presiding) Griffin Hill Hooks

Johnson of 2nd Kemp Langford Perdue Pollard

Ragan (excused conferee)
Taylor Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1467.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 15 of the Official Code of Georgia Anno tated, relating to the Court of Appeals, so as to increase the membership of the Court of Appeals; to provide for the manner in which cases are heard; to provide for the manner in which decisions can be overruled; to specify what constitutes a quorum; to provide for elec tion and term of office; to amend Code Section 15-6-29 of the Official Code of Georgia Anno tated, 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 supplement 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; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by striking in its entirety Code Section 15-3-1, relating to the compo sition and division of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-1 to read as follows:
"15-3-1.
(a) Composition. The Court of Appeals shall consist of nine ten Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court.
(b) Divisions. The court shall sit in three divisions composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the three divisions and shall, under rules prescribed by the court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable.
(c) How cases heard.
(1) Each division shall hear and determine, independently of the others, the cases as signed to it, except that all membei b uf the cuurt, sitting ah unu court, shall yahh on and determine the division next in line in rotation and a seventh Judge shall participate in the determination of each case in which there is a dissent in the division to which the case was originally assigned.
(2) In all cases which involve one or more questions which, in the opinion of the major ity of the Judges of the division or of the two divisions plus a seventh Judge to which a case is assigned, should be passed upon by all the members of the court, sitting as one court, the questions may be presented to all the members of the court, sitting as one eotrrt; and if a majority of all the members of the court, silting as one com t, decide that the question or questions involved should, in their judgment and discretion, be decided by all the members of the court, sitting as one court, the case shall be passed upon by all the members of the court, silting as unn court, provided that a majority of the Judges passing upon the case concur in the judgment.
(3) In neither class of cases referred to in this subsection shall there be oral argument except before the division to which the cases are originally assigned.
(d) How decision of division overruled. It being among the purposes of this Code section to avoid and reconcile conflicts among the decisions of the three divisions made by less than all of the Judges on the court and to secure more authoritative decisions, it is pro vided that when trie two divisions plus a seventh Judge sit as one court compo&ed of all three divisions the court may, by the concurrence of a majority, overrule any previous decision by any division alone, in the same manner as prescribed for the Supreme Court. As precedent, a decision by such entire court with a majority concurring shall take prece dence over a decision by any division or two divisions plus a seventh Judge. A decision concurred in by all the judges Judges shall not be overruled or materially modified except with the concurrence of all the judges Judges.
(e) Quorum. When all the members of the court are sitting together as one court, five six Judges shall be necessary to constitute a quorum. In all cases decided by such court as~a whole by less than nine ten Judges, the concurrence of at least five shall be essential to the rendition of a judgment.
(f) Oral arguments. The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings.

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2075

(g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Article 8 of Chapter 10 of Title 47. The judge Judge whose case assignment is transferred to the additional judge shall not vote on the case."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-4 to read as follows:
"15-3-4.
Two Judges of the Court of Appeals shall be elected at each general state election to be held on Tuesday after the first Monday in November of the even-numbered years in the manner in which Justices of the Supreme Court are elected; except that three Judges shall be elected at the general state election to be held in 1960 and thereafter at each sixyear interval, and that four Judges shall be elected at the general state election to be held in 1962 and thereafter at each six-year interval, and that one Judge appointed by the Governor on or after July 1, 1996, shall serve until January 1, 1999, and an initial successor to the Judge appointed by the Governor on or after July 1, 1996, shall be duly elected and qualified at the general state election to be held in 1998. Such successor shall serve until January 1, 2001, and a successor to that Judge shall be duly elected and qualified at the general state election to be held in 2000. Thereafter, successors to such" Judge shall be elected and qualified at each six-year interval. The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor."
SECTION 3.
Code Section 15-6-29 of the Official Code of Georgia Annotated, relating to compensation of superior court judges, is amended by adding at its end a new subsection (c) to read as follows:
"(c) When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive from the county or counties comprising the circuit the same county salary supplement, if any, then in effect for the other judge or judges of the judicial circuit. Such salary supple ment for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required in order to authorize such salary supplement, but nothing in this Code section shall be construed to prohibit the enactment of local legisla tion relating to such salary supplements. A publication of notice of intention to introduce local legislation as provided for in Code Section 28-1-14 shall be required for any local legislation granting, changing the amount of, or removing a salary supplement; but no publication of notice of intention shall be required for a bill creating one or more new superior court judgeships."
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 Oliver of the 42nd moved that the Senate agree to the House substitute to SB 750.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Bowen
Brown of 26th Clay

Farrow (presiding) Griffin
Hooks Johnson of 2nd

Tanksley Thompson Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 750.
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 277. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child sup port; to provide for definitions; to provide for lists of persons who are not in compliance, for the issuance of such lists to certain licensing boards.
The House insists on its position in substituting the following bill of the Senate:

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.

MONDAY, MARCH 18, 1996

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The House has disagreed to the Senate substitute to the following bill of the House:
HB 1256. By Representatives Jamieson of the 22nd 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.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Hanner of the 159th, Porter of the 143rd and Dobbs of the 92nd.
The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Simpson of the 101st, Stallings of the 100th and Brooks of the 103rd.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Chambless of the 163rd, Poston of the 3rd and Crawford of the 129th.
The House has disagreed to the Senate substitute to the following bill of the House:
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.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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; to change procedures relating to periodic review and adjustment of certain administrative and judicial child support orders; to provide for initiating review, determination of a signifi cant inconsistency with the amount which would result from application of Code Section 19-16-15, increasing or decreasing the amount of support ordered, and addressing the re payment of arrears; to provide for agency recommendations; to provide for petitions, re quests, objections, and de novo proceedings; to provide for income deduction orders; 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 or either parent and a third party limited to grandparent, aunt, uncle, great aunt, great uncle, sibling or adoptive parent, 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 discre tion and taking into consideration all the circumstances of the case, determines that an award of custody to such 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 such 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."

MONDAY, MARCH 18, 1996

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SECTION 3.
Said title is further amended by striking in its entirety Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and subsequent financial obligation, and inserting in lieu thereof the following:
"19-11-12.
(a) The department shall determine the ability of the absent responsible parent to sup port his or her child or children in accordance with the guidelines prescribed in Code Section 19-6-15.
(b) The department shall implement a process for the periodic review and adjustment of rV-D child support agency orders which were established or subject to enforcement pur suant to Code Section 19-11-6 by the title 1V-D enforcement agency so that the order is reviewed no later than 36 months from establishment or from the most recent review after the date of a judicial order or the filing date of an administrative order contem plated in subsection (d) of this Code section. A 1V-D child support order shall include a judicial or an administrative order which is subject to enforcement under this title. Ex ceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (non-AFDC cases) if neither parent requests such a review.
(c)(l) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (Ki) of any review of such order, at least 30 days before the commencement of such review; (2)(ii) of the right of such parent to request the state to review such order; and ffiXiii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate pro ceedings either through an administrative hearing within the Office of State Adminis trative Hearings when the subject child support order reviewed is administrative in origin department or before a court to challenge such adjustment or determination when the subject child support order is judicial in origin.
(2) Upon an agency review and determination that there is a significant inconsistency Between the amount of the existing child support order and the amount of child sup port which would result from the application of Code Section 19-16-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support
(dX3) In the case of an administrative order, the agency shall request the administra tive law judge to increase or decrease the amount in the existing order in accordance with the agency recommendation. The administrative order adjusting the child sup port award amount which results from a hearing or the failure to contest such within 30 days of its issuance shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the hearing uffictii1 administrative law judge shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33.
(4) In the case of a judicial order, the agency shall file a petition asking the court to adopt the agency's recommendation for an increase or decrease in the amount in the existing order. The parties to the court order shall be sent notice of this action and shall have 30 days to file with the court in writing objections to the agency's recommen dation to increase or decrease the amount of support. Upon the filing of a written objection to the agency's recommendation with the clerk of the superior court and with the agency, a de novo proceeding shall be scheduled with the court on the matter. If neither party files an objection to the agency recommendation within the 30 day notice period, the court shall issue an order adopting the recommendation of the department.

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As part of the order adjusting the child support award, the court shall issue an income deduction order pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33.
(d) When the trier of fact, the administrative law judge for administrative orders, or a judge of the superior court tor court orders, as the case may be, determines that there is a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-16-15, the trier of tact may use this inconsistency as the basis to increase or decrease the amount of support ordered. The trier of fact may also address the repayment of any arrears accu mulated under the existing order.
(e) An obligor shall not be relieved of his or her duty to provide support when he such obligor has brought about his or her own unstable financial condition by voluntarily in curring subsequent obligations!
(f) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section."

SECTION 4.

This Act shall become effective on the approval of the Governor or upon its becoming law without such approval and shall apply to all actions pending on such date.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ralston of the 51st moved that the Senate agree to the House substitute to SB 348 as amended by the following amendment:
Amend the House Substitute to SB 348 by changing "19-16-15" to "19-6-15" in line 13 of page 1, line 32 of page 3, and line 29 of page 4.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Brown of 26th Clay

Farrow (presiding) Johnson of 2nd

Oliver Walker

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 348 as amended by the Senate.

MONDAY, MARCH 18, 1996

2081

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

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.
Senator Oliver of the 42nd moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Oliver of the 42nd, Thompson of the 33rd and Hill of the 4th.
The following bill was taken up for the purpose of considering House action thereto:

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.
Senator Oliver of the 42nd moved that the Senate insist on its amendment to HB 339.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 339.
Senator Edge of the 28th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Ralston was excused.
The following bill was taken up to consider House action thereto:

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.

Senator McGuire of the 30th moved that the Senate adhere to its amendment, and that a Conference Committee be appointed.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Egan Gillis Glanton Gochenour Griffin

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Balfour Black Blitch Bowen Brown of 26th

Edge Farrow (presiding) James Marable (excused conferee)

Perdue (excused conferee) Ralston (excused) Starr Thompson

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 McGuire of the 30th, Edge of the 28th and Henson of the 55th.
The President stated at this time the Senate would consider in open session the ap pointments submitted by His Excellency, Governor Zell Miller, in a communication to the Senate on February 20, 1996, which appears in the Journal of February 20, 1996.
Senator Taylor of the 12th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator desig nated any appointee be deleted from the list and voted on ; ndividually. The consent was granted.
No Senator requested the name of any appointee be deleted.
The following committee report was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 27, 1996

Mr. Frank Eldridge, Jr. Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334

Dear Frank,
The Senate Committee on Higher Education met Tuesday, February 27, 1996, and consid ered the Governor's appointee to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the following appointee be confirmed:
Mr. A. W. Dahlberg of DeKalb County, term of office beginning June 21, 1995 and ending January 1, 2000.
If you require further information, please contact my office.
Sincerely,
Isl Jack Hill

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Edge Gillis Glanton Gochenour Griffin

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

MONDAY, MARCH 18, 1996

2083

Kemp
Lamutt Land Langford
Madden McGuire Middleton

Newbill
Oliver Pollard Ragan
Ralston Ray Slotin

Those not voting were Senators:

Black Blitch Bowen Dean

Egan Farrow (presiding) Marable Perdue (excused conferee)

Stokes Tanksley Taylor Thompson Turner Tysinger
Scott Starr Thomas Walker

On the confirmation, the yeas were 44, nays 0, and all the Governor's appointees were confirmed.
On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334 March 18, 1996

Honorable Zell Miller
Governor State Capitol Atlanta, Georgia

Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments sub mitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 20, 1996, were acted upon by the Georgia State Senate in Session on March 18, 1996, with the following results:
Honorable Jonathan L. Miller of Fulton County, as a member of the State Board of Ac countancy for the term of office beginning September 27, 1995 and ending June 30, 1999. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable G. Gregory Richards of Fulton County, as a member of the Asbestos Licensing Board for the term of office beginning March 22, 1995 and ending June 30, 1996. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections for the term of office beginning August 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 vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.

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Honorable Jarrett Eugene Hodge of Muscogee County, as a member of the Board of Correc tions for the term of office beginning December 7, 1995 and ending July 1, 1998. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Betty Farmer of Dooly County, as a member of the State Board of Cosmetology for the term of office beginning February 6, 1996 and ending May 1, 1997. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Lasa Y. Joiner of DeKalb County, as a member of the Board of Human Re sources for the term of office beginning May 17,1995 and ending April 6, 2001. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning July 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. The vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 ending December 15, 1996. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nomi nees were confirmed.
Honorable Eugene H. Jackson of Randolph County, as a member of the Council on Mater nal and Infant Health for the term of office beginning March 21, 1995 and ending August 25, 1998. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Hulett D. Sumlin of Fulton County, as a member of the Board of Medical Assist ance for the term of office beginning November 8, 1995 and ending June 30, 1996. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Jenny Jinks of Walton County, as a member of the Georgia Board of Nursing for the term of office beginning January 31, 1996 and ending September 23, 1997. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.

MONDAY, MARCH 18, 1996

2085

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 ending December 31, 1999. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Bobby K. Whitworth of Gwinnett County, as a member of the State Board of Pardons and Paroles for the term of office beginning January 31, 1996 and ending December 31, 2002. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Alfred W. Jones, III of Glynn County, as a member of the Georgia Ports Author ity for the term of office beginning January 19,1996 and ending June 30,1999. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 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 vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Sincerely,
1st Frank Eldridge, Jr. Secretary of the Senate
The following bill was taken up to consider House action thereto:
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.
Senator Egan of the 40th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Egan of the 40th, Edge of the 28th and Oliver of the 42nd.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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 quali fications of members; to provide for officers and meetings; to provide that members shall serve without compensation or expenses; to provide for the duties of the board; to provide for reports; 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.
Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relat ing to University System of Georgia, is amended by adding at the end thereof a new Code Section 20-3-84 to read as follows:
"20-3-84.
(a) There is created the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College. The advisory board shall be com posed of 15 members to be appointed by the chancellor of the University System of Georgia for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the advisory board. The first members of the advisory board shall be appointed not later than July 1, 1996, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and com munity development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members shall serve with out compensation or reimbursement of expenses.
(b) The advisory board shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairper son, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at Savannah State College or at such other locations as the chairperson shall determine.
(c) The advisory board shall assist and advise the Center for Trade and Technology Transfer at the School of Business of Savannah State College in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology.
(d) From time to time, the advisory board shall report its findings and recommendations to the Governor and the General Assembly."

MONDAY, MARCH 18, 1996

2087

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 Johnson of the 2nd moved that the Senate agree to the House substitute to SB 672.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Land Madden
Marable Middleton
Perdue Ralston
Ray Scott Starr Stokes Tanksley
Thomas Walker

Those not voting were Senators:

Broun of 46th Crotts Dean (excused conferee) Egan Farrow (presiding) Langford

McGuire (excused conferee) Newbill Oliver Pollard (excused conferee) Ragan

Slotin Taylor (excused conferee) Thompson Turner Tysinger

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 672.
The following bill was taken up to consider House action thereto:

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.
Senator Crotts of the 17th moved that the Senate insist on its substitute to HB 1655.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1655.
The President resumed the Chair.

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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 insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Childers of the 13th, Jones of the 71st and Randall of the 127th.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 674. By Senators Abernathy of the 38th, Clay of the 37th and Edge of the 28th:
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 House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Watson of the 139th, Barfoot of the 155th and Porter of the 143rd.
The House has disagreed to the Senate amendment to the following bill of the House:
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.

MONDAY, MARCH 18, 1996

2089

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Martin of the 47th and Chambless of the 163rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 House has agreed to the Senate amendment, to the House substitute, to the fol lowing bill of the Senate:
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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Benefield of the 96th, Parham of the 122nd and Porter of the 143rd.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1486. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amerffl 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.
At 5:05 P.M., the President announced that the Senate would stand in recess until 7:00 P.M. today.
The President called the Senate to order at 7:00 P.M.
The following bill was taken up to consider House action thereto:
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 House amendments were as follows:
House amendment by Representative Crews:
Amend SB 624 by adding on line 3 of page 1 between the word "as" and the word "to" the following:
"to change the provisions relating to the prohibition against granting a license to any person convicted of certain drug offenses; to change the definition of the term 'convicted';".
By adding between lines 12 and 13 on page 1 the following:
"entirety paragraph (5) of subsection (a) of Code Section 16-11-129, relating to procurement of a license to carry a pistol or revolver, and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribu tion, possession, or use of a controlled substance or other dangerous drug.
(B) As used in this paragraph, the term:
(i) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
(ii) "Convicted" means a plea of guilty, a finding of guilt by a court of competent juris diction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availa bility of an appeal or an application for collateral relief; provided, however, that the term "convicted" shall not include any person placed on probation as a first offender for a~misdemeanor violation who has fulfilled the terms and conditions of probation and wEo has been discharged and had the proceedings against him or her dismissed with out court adjudication of guilt.

MONDAY, MARCH 18, 1996

2091

(iii) "Dangerous drug" means any drug defined as such in Code Section 16-13-71.'
SECTION 2.
Said part is further amended by striking in its".
By renumbering Sections 2 and 3 on page 3 as Sections 3 and 4, respectively.
House amendment by Representative Twiggs:
Amend SB 624 by striking in their entirety lines 1 through 7 on page 1 and inserting in lieu thereof the following:
"To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide certain additional exemptions from the provisions of Code Sections 16-11-126 through 16-11-128; to change the time period during which the exemption from the Brady law regulations granted for certain loan or pawn transactions involving the transfer of handguns is applicable; to pro vide an effective date; to repeal conflicting laws; and for other purposes."
By striking in their entirety lines 10 through 12 on page 1 and inserting in lieu thereof the following:
"Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its".
By adding between lines 14 and 15 on page 3 the following:
"SECTION 2.
Said article is further amended by striking in its entirety subsection (b) of Code Section 1611-181, relating to the transfer of handguns as collateral for loan or in pawn transfer, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or re claiming the same at any time during the calendar yeai as the original transaction with from such dealer, the provisions of this part shall not apply to such transfers subsequent
tO tilti Gi'j.^iUHl t<i cHlSiS!' QLtin j.ilg sLlC-Ll Cill&iitltii1 y^:tii\
By renumbering Sections 2 and 3, lines 15 through 20, on page 3 as sections 3 and 4, respectively.
House amendment by Representative Shaw:
Amend SB 624 by striking from the end of line 34 of page 2 the word "and".
By striking the period at the end of line 35 of page 2 and inserting in lieu thereof the following:
"; and".
By adding between lines 35 and 36 on page 2 the following:
"(14) Elected constitutional executive officers and members of the General Assembly."
Senator Clay of the 37th moved that the Senate agree to the Crews and the Twiggs House amendments and agree to the Shaw House amendment as amended by the following amendment:
Amend the Shaw House amendment (AM 10 0538) to SB 624 by striking lines 3 through 10 of page 1 thereof and inserting in their place the following:
"Amend SB 624 by adding 'district attorneys emeritus,' immediately following the comma on line 3 of page 2.
By striking 'and' at the end of line 34 of page 2, and inserting 'and', by striking the period and inserting':; and' on line 35 of page 2, and by adding between lines 35 and 36 of page 2 the following:

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'(14) Elected constitutional executive officers and members and former members of the General Assembly who have obtained a license in accordance with Code Section 16-11129.' "

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Slotin.

Those not voting were Senators:

Balfour Crotts Harbison

Henson (excused conferee) Hooks Newbill

Oliver (excused conferee) Thomas Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the Crews and the Twiggs House amendments to SB 624 and agreed to the Shaw House amendment as amended by the Senate.
The following bill was taken up to consider House action thereto:

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.
Senator Marable of the 52nd moved that the Senate recede from its amendment to HB 1754.
Senator Day of the 48th moved that the amendment be printed.
On the motion, the yeas were 32, nays 1; the motion prevailed, and the amendment was ordered printed. Action on the motion to recede was suspended subject to printing the amendment.
The following bill was taken up to consider the Conference Committee report thereto:

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.

MONDAY, MARCH 18, 1996

2093

The Conference Committee report was as follows:

The Committee of Conference on SB 351 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 351 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

1st Walter S. Ray Senator, 19th District

1st Roy H. Watson, Jr. Representative, 139th District

/s/ Hugh M. Gillis Senator, 20th District

/s/ DuBose Porter Representative, 143rd District

/s/ Richard O. Marable Senator, 52nd District

/s/ Fisher Barfoot Representative, 155th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 351:

A BILL
To be entitled an Act to amend Code Section 43-45-8 of the Official Code of Georgia Anno tated, relating to general powers and duties of the State Structural Pest Control Commis sion, so as to provide for appropriate examinations for applicants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Commission, is amended by striking para graph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) Provide for an orai appropriate and written examination for applicants and any other appropriate means of examination for applicants. The frequency of such examination shall be at the discretion of the commission, based upon the number of applications re ceived, but not less than two such examinations shall be held annually. The commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The examination fee shall be in an amount established by the commis sion for each applicant who makes application to take the examination to become a certi fied household pest control operator, wood-destroying organism control operator, or fumigator. An examination may be taken for the payment of one fee; and, in case the applicant shall not be certified, he or she shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee in an amount established by the commission. In case certification is again denied, the appli cant must wait a full year before reapplication is made. Thereafter, one full year must elapse before subsequent application may be made;".

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 19th moved that the Senate adopt the Conference Committee report on SB 351.
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

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Broun of 46th Brown of 26th Burton Cagle Cheeks 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

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

Those not voting were Senators:

Clay Egan Farrow

Henson (excused conferee) Oliver (excused conferee)

Thomas Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 351.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act 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 for timely cancellation of executions; to provide for a private right of action; to provide for prima-facie evidence of untimeliness; to provide procedures; to provide for pre sumed damages and actual damages; to limit recovery; 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 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, is amended by striking in its entirety Code Section 9-13-80, relating to the cancellation of executions, and inserting in lieu thereof the following:
"9-13-80.
(a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied.
(b) A private right of action shall be granted to a judgment debtor upon the failure of such plaintitf or counsel to comply with the provisions of subsection (a) of this Code section.

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(1) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness;
(2) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction; and
(3) Damages shall be presumed in the amount of $100.00. Actual damages may be recovered, but in no event shall recovery exceed $500.00."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 670.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Farrow Hill

Madden Oliver (excused conferee) Tanksley

Thompson Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 670.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to public property, so as to create the Georgia Land Trust; to provide for a trustee; to provide for powers and duties of the trustee; to provide for certain moneys to be paid into the trust; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking in its entirety Code Section 50-16-144, relating to the sale or dispo sition of unserviceable public property, and inserting in lieu thereof the following:
"50-16-144.
When any public property becomes unserviceable, it may be sold or otherwise disposed of by order of the proper authority, and an entry of the same shall be made in the inventory bTorouks;t."and the money received therefrom shall be paid into the trea&my --G--eo--rg--ia----La--n--d
SECTION 2.
Said chapter is further amended by inserting at the end thereof the following:
"ARTICLE 8
50-16-200.
There is created the Georgia Land Trust for the purpose of acquiring, holding, and main taining real property for the purpose of preserving such real property in its natural state. 50-16-201.
The commissioner of natural resources shall be the trustee of the Georgia Land Trust. The trust is authorized to receive and hold moneys available to the trust and to expend the same as provided in this article. 50-16-202.
All proceeds from the sale or lease of public real property pursuant to this chapter shall be paid to the trust and shall not be paid to the state treasury. The trustee is authorized to accept grants and donations to the trust in funds or in donations of real property or services.
50-16-203.
(a) The trustee, with the approval of the Board of Natural Resources, is authorized to use any moneys in the trust to purchase privately owned or publicly owned real property in this state which he or she deems worthy of preserving in the natural state and free of development. Without limiting the scope of the trustee's authority, such property may be described as environmentally sensitive land such as wetlands; river or stream corridors; old growth forests; mountain or coastal areas; and areas which would expand an existing state park.
(b) The trustee is authorized to expend funds available to the trust to maintain and to protect any land owned by the trust from development. (c) The trustee is authorized, with the approval of the Board of Natural Resources, to enter into land exchanges with any person if the trustee deems such exchange to be in the best interest of carrying out the intent of this article."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. Senator Abernathy of the 38th moved that the Senate agree to the House substitute to
SB 674 as amended by the following amendment: Amend the House substitute to SB 674 by adding at the beginning of line 3 on page 1 the following:
"restrict the location of commercial establishments where nudity is exhibited; to define a certain term; to".

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2097

By renumbering Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively, and inserting a new Section 1 to read as follows:

"SECTION 1.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by adding at the end thereof a new Code Section 50-16-19 to read as follows:
'50-16-19.
(a) As used in this Code section, the term "nudity" means the displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(b) No person knowingly and intentionally may operate a commercial establishment where nudity is exhibited within 1,500 feet of any real property owned by the state.' "
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Boshears Farrow Henson

Hill Kemp Newbill

Oliver (excused conferee) Thompson Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 674 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements and exceptions applicable to professional counsel ors, social workers, and marriage and family therapists, so as to provide for an exception

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with respect to persons who are training to be addiction counselors; to provide for condi tions; to provide for limitation of services; to exempt certain persons who engage in the practice of professional counseling from certain licensing and other requirements; to pro vide exceptions with respect to certain persons employed by the Department of Technical and Adult Education or its educational units or engaged in the practice of a specialty as an employee of the Department of Labor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing re quirements and exceptions applicable to professional counselors, social workers, and mar riage and family therapists, is amended by adding a new paragraph immediately following paragraph (15) of subsection (b), to be designated paragraph (15.1), to read as follows:
"(15.1) Persons who are training to be addiction counselors but only when such persons are:
(A) Employed by an agency or facility that is licensed to provide addiction counseling;
(B) Supervised and directed by a supervisor who meets the qualifications established by the Georgia Addiction Counselor's Association or any other similar private associa tion of addiction counselors which includes among its certification requirements the criteria specified in paragraph (15) of this subsection;
(C) Graduated from high school or have a General Educational Development (GED) equivalency diploma; and
(D) Actively seeking certification in accordance with the requirements of paragraph (15) of this subsection.
No person shall qualify for the exception provided under this paragraph for a period in excess of three years. Services which may be provided under this paragraph shall be limited to those practices sanctioned by the certifying association and shall in any event be limited to the provision of chemical dependency treatment in the following settings: screening; intake; orientation; assessment for addiction diseases; treatment planning; in dividual, family, and group addiction counseling; case management; crises intervention; client education; referral, reporting, and record keeping; and consultation with other pro fessionals in regard to client treatment and services. Persons exempt under this para graph shall not use any title indicating or implying that they are licensed under this chapter."
SECTION 2.
Said Code section is further amended by striking in their entirety paragraphs (16) and (17) of subsection (b) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows:
"(16) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational units, the Department of Technical and Adult Education or its educational units, or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction; and
(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,

MONDAY, MARCH 18, 1996

2099

agency, county, municipality, or political subdivision of the state, such permm shall be exempt until January 1, 2000; and
(18) Persons engaged in the practice of a specialty as an employee of the Department of Labor, but only when engaged in such practice as an employee of such department."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 542.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Clay Edge
Farrow

Gillis Henson

Ray Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 542.
The following bill, having been taken up previously today and action suspended subject to the printing of the Senate amendment, was continued upon its consideration:

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.

Senator Marable of the 52nd restated his motion to recede from the Senate amend ment to HB 1754.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Blitch Boshears Bowen Broun of 46th

Brown of 26th
Burton Cheeks Clay Crotts

Dean
Edge Egan Farrow Gillis

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JOURNAL OF THE SENATE

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

Langford Madden Marable
Middleton Oliver Perdue Pollard Ragan Ralston Scott

Slotin Starr Stokes
Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Cagle

Day Glanton Lamutt

McGuire Newbill Tanksley

Those not voting were Senators:

Gochenour

Henson

Ray

On the adoption of the motion, the yeas were 44, nays 9; the motion prevailed, and the Senate receded from its amendment to HB 1754.
The following bill was taken up to consider House action thereto:

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.
Senator Pollard of the 24th moved that the Senate insist on its substitute to HB 1256. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1256. The following bill was taken up to consider House action thereto:

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.
Senator Farrow of the 54th moved that the Senate adhere to its substitute to HB 1583 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Land of the 16th, Ralston of the 51st and Farrow of the 54th.
The following bill was taken up to consider House action thereto:

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.

MONDAY, MAECH 18, 1996

2101

The House amendment was as follows:
Amend the Senate substitute to HB 1785 by inserting after the word and symbol "Formula;" on line 9 on page 1 the following:
"to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, so as to provide for a salary increase for those persons who have received certification from the National Board for Professional Teaching Standards;".
By striking the phrase "the handicapped" and replacing it with the phrase "persons with disabilities" on lines 23, 25, 27, and 29 of page 2.
By inserting between lines 30 and 31 on page 2 the following:
"(12) Program for persons with disabilities: Category V .....................2.4229".
By deleting the designation "Category V" and replacing it with the designation "Category V Category VI" on line 32 on page 2.
By striking the designations "(12)" and "13" on lines 31 and 33 of page 2 and inserting in their respective places the designations "(i2X13)" and "(MM 14)".
By inserting between lines 33 and 34 on page 2 the following:
"SECTION 3.
Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, is amended by adding a new Code Section 20-2-212.2 to read as follows:
'20-2-212.2.
(a) As used in this Code section, "national certification" means certification obtained from the National Board for Professional Teaching Standards.
(b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification;
(3) Has not previously received state funds for participating in any certification area in the national certification program; and
(4) Has successfully completed the prerequisite portfolio of student work and examina tion and has received national certification
shall receive a 5 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible.
(c) The national certification program participation fee shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (a) of this Code section.
(d) A teacher for whom the State of Georgia pays the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the certification fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher.'"
By redesignating Section 3 and Section 4 as Section 4 and Section 5, respectively.
Senator Middleton of the 50th moved that the Senate agree to the House amendment to the Senate substitute to HB 1785.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Black Boshears Cagle

Day Glanton Gochenour

Lamutt McGuire Newbill

Those not voting were Senators:

Farrow Hooks

Tanksley Walker

On the motion, the yeas were 43, nays 9; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1785.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.

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

SB 751. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and others:
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 following bill was taken up to consider the Conference Committee report thereto:

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

MONDAY, MARCH 18, 1996

2103

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 Conference Committee report was as follows:

The Committee of Conference on SB 749 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 749 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

Isi Casey Cagle Senator, 49th District

/s/ Denny M. Dobbs Representative 92nd District

/s/ Charles C. Clay Senator, 37th District

/s/ Robert Banner Representative, 159th District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ DuBose Porter Representative, 143rd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 749:

A BILL
To be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, 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 disposal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects; to provide that management contracts shall include certain provisions relating to the term of the contract and the costs of operating and maintaining a managed project; to provide that any such management contract may con tain provisions allowing the authority to terminate the management contract under certain conditions; 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 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Develop ment Authorities Law," is amended by striking in its entirety subparagraph (E) of para graph (6) of Code Section 36-62-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new subparagraph (E) to read as follows:
"(E) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste dispo sal facility which any federal, state, or local agency having jurdication in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by, or is to serve related facilities of, a political subdivision or municipal corporation of this state or an agency, authority,~or instrumentality thereof for its general constituency, the certification need only state that such facility is neces sary for the public welfare; provided, further, that for the purposes of this subparagraph, the term 'sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and

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agricultural operations and from community activities but does not include solids or dis solved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dis solved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word 'refuse' includes all nonputrescible wastes;".
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 36-62-7, relating to the prohibition against the operation of projects by governmental units and the sale or lease of property for operation, and inserting in lieu thereof a new Code Section 36-62-7 to read as follows:
"36-62-7.
No project acquired under this chapter shall be operated by an authority or any munici pal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to, or managed by, one or more persons, firms, or private corporations. Any dispo sition of real property by an authority pursuant to paragraph (7) of Code Section 36-62-6 shall be made to one or more persons, firms, corporations, or governmental or public entities. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale or management must be entered into prior to or simultaneously with the issuance of the bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter shall not be deemed to be the operation of a project and, notwithstanding anything in this chapter to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale or management as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. If the project is managed, the management contract must contain a term not less than the final matur ity date of any bonds or other obligations of the authority to provide financing for the managed project and must provide that all costs of operating and maintaining the man aged project, including all management fees payable under the management contract, shall be paid solely from the revenues of the managed project and from the proceeds of any bonds or other obligations of the authority to provide financing for the managed project. Any such management contract may contain provisions allowing the authority to terminate the management contract, but if the authority exercises any right to terminate a management contract, it must immediately enter into another management contract meeting the requirements of this Code section?'
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 Edge of the 28th moved that the Senate adopt the Conference Committee re port on SB 749.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Middletor. Newbill

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

Those not voting were Senators:

Abernathy Black

Henson Hooks

Langford Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 749.
The following bill was taken up to consider House action thereto:

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.
Senator Clay of the 37th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Clay of the 37th, Land of the 16th and Oliver of the 42nd.
The following resolution was read and adopted:

SR 718. By Senators Ralston of the 51st, Oliver of the 42nd, Ray of the 19th and others:
A resolution commending Senator Steve Farrow on the occasion of his retire ment from the Georgia State Senate.
The following resolution was taken up to consider House action thereto:

SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.

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The House substitute was as follows:
A RESOLUTION
Creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County; creating the James Edward Oglethorpe Tercentenary Commission; and for other purposes.
WHEREAS, the fiscal solvency of the nation depends upon the economic vitality of its states, and the fiscal solvency of the State of Georgia depends upon the economic vitality of its counties and cities; and
WHEREAS, Fulton County is located in the State of Georgia; and
WHEREAS, the economies of North and South Fulton County, respectively, differ in degree and range from each other; and
WHEREAS, the economy of South Fulton County experienced considerable regression in recent years despite a steady increase in population; and
WHEREAS, the economy of South Fulton County has been burdened by increased competi tion for services despite a corresponding decrease in industry and business expansion; and
WHEREAS, although many studies have been conducted relating to the economic develop ment and revital ization of South Fulton County and many plans based on the conclusions reached by such studies have been formulated and disseminated, little progress has been made towards integrating the divergent points of such plans and implementing a compre hensive plan that will effectuate actual growth and economic progress in South Fulton County; and
WHEREAS, the economic outlook of South Fulton County deserves meaningful and imme diate consideration; and
WHEREAS, James Edward Oglethorpe was born in England to Theophilus and Eleanor Oglethorpe in 1696; and
WHEREAS, James Edward Oglethorpe was elected to Parliament, where he successfully led a humanitarian movement for the founding of a new British colony in America as a home for England's worthy poor; and
WHEREAS, on April 12, 1732, King George II signed a charter creating the new colony of Georgia and naming James Edward Oglethorpe as one of 21 trustees for the colony; and
WHEREAS, James Edward Oglethorpe personally led the first shipload of colonists to set tle in Georgia, arriving in 1733; and
WHEREAS, James Edward Oglethorpe chose the site and laid out the plan for Savannah, Georgia's first settlement, and in 1736 for the town and fort of Augusta; and
WHEREAS, James Edward Oglethorpe was responsible for the defense of Georgia, success fully repelling a Spanish invasion force on St. Simons Island in 1742, thus ensuring Georgia's future as a British colony and, ultimately, as a member of the United States of America; and
WHEREAS, 1996 marks the 300th anniversary of the birth of Georgia's founder and de fender, and it is only fitting and proper that Georgia recognize and honor its founder on this historic occasion.
BE IT FURTHER RESOLVED that there is created the James Edward Oglethorpe Tercen tenary Commission to be composed of 20 members as provided in this resolution. The fol lowing persons shall serve as ex officio members of the commission: the president of Oglethorpe University; the chairperson of the Oglethorpe County Commission; the mayors of the Cities of Oglethorpe, Fort Oglethorpe, and Savannah; the chairperson-mayor of Au gusta-Richmond County; the president of the Georgia Historical Society; and the executive secretary of the Friends of Oglethorpe, who shall serve as executive secretary of the com mission. Ex officio members may name a designee to serve in their places or in their ab sence. The remaining 12 members of the commission shall be appointed as follows: eight

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members of the commission shall be appointed by the Governor, one of whom shall be des ignated chairperson of the commission; two members by the Speaker of the House of Repre sentatives; and two members by the President of the Senate. These 12 members of the commission may include officials or representatives of public or private organizations, busi nesses, schools, or sites bearing the Oglethorpe name. Vacancies on the commission shall be filled in the same manner in which the original appointments were made.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to plan, coordi nate, encourage, and conduct an observance of the 300th anniversary of the birth of James Edward Oglethorpe throughout 1996. Such observances may include official, unofficial, cul tural, historical, educational, charitable, and other activities and projects designed to pro mote a proper awareness and appreciation for Georgia's founder. Furthermore, the commission is directed to coordinate commemorative activities undertaken by the State of Georgia or by organizations, educational institutions, or private citizens within the state in conjunction with those that may be conducted by public officials, organizations, educational institutions, or private citizens in London, Godalming, Oxford, Cranham, or any other site in Great Britain associated with the life or death of James Edward Oglethorpe.
BE IT FURTHER RESOLVED that the commission is authorized and empowered to accept grants or gifts from any level of government; from any board, commission, or other unit of government; from any public corporation or authority; from any organization, public or private; from any business; from any group; or from any individual. The commission shall be further empowered to hold, invest, reinvest, and disburse such grants and gifts and any income derived therefrom in carrying out the objectives and purposes of the commission and shall not be required to pay such grants and gifts or income into the general fund of the state treasury. The commission shall be further authorized to adopt such rules and regula tions and perform such other activities as necessary or appropriate for carrying out its purposes and duties.
BE IT FURTHER RESOLVED that the James Edward Oglethorpe Tercentenary Commis sion is further authorized to have printed or reprinted portraits or biographies of Georgia's founder, General James Edward Oglethorpe, and to take such other commemorative steps that will promote the knowledge of and appreciation for the contributions of General James Edward Oglethorpe throughout the State of Georgia. The commission may expend any and all remaining funds for said purposes as are enumerated in this resolution.
BE IT FURTHER RESOLVED that the commission shall hold its initial meeting not later than July 1,1996, and may hold such additional 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 and duties.
BE IT FURTHER RESOLVED that the members of the commission shall receive no com pensation for their service and shall not receive any reimbursement of expenses; provided, however, that to the extent that sufficient grants, gifts, and other income is received, mem bers of the commission may be reimbursed for actual expenses incurred during their ser vice, such reimbursement not to exceed the allowances authorized for members of state boards.
BE IT FURTHER RESOLVED that the James Edward Oglethorpe Tercentenary Commis sion shall stand abolished on March 31, 1997.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Commission on Economic Development and Revitalization in South Fulton County to be composed of three members of the House of Represent atives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate a member of the House of Representatives and the Presi dent of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the commission. The Governor shall appoint 15 additional members, three of whom shall represent the Atlanta Chamber of Commerce, the banking community, and the real

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estate development community; one elected official, or the designee of such official, repre senting each area comprising a distinct political entity affected by development in South Fulton County, including the Cities of Hapeville, East Point, College Park, Union City, Fairburn, Palmetto, and the areas of Southeast Atlanta comprising City Council District 12, and the areas of Southwest Atlanta comprising City Council District 11, and including the Fulton County Commissioner representing Fulton County Commission District 7 or such person's designee; and three private citizens who are residents of South Fulton County. The commission shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the commission shall undertake a study of the condi tions, needs, issues, and problems mentioned above or related thereto and shall include as integral to its undertaking a study of any existing plans related to economic development and revitalization in South Fulton County which may have been developed as a result of previous studies conducted by an affected municipality or other governmental entity, a civic organization, a business enterprise, or other interested party. The commission shall recommend any actions or legislation which the commission deems necessary or appropri ate for achieving the goal of implementation of a comprehensive economic development and revitalization plan for South Fulton County. The commission 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 commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1996. The commission shall stand abolished on December 31, 1996.

Senator James of the 35th moved that the Senate agree to the House substitute to SR 101.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Brown of 26th Henson

Hill Marable Newbill

Oliver Scott Thompson

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 101.

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The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to prohibit public probation officers, private probation officers, and private corporations, enterprises, and agencies providing probation services from owning, operating, having a financial interest in, instructing at, or being employed by any private entity which provides drug or alcohol education services; to prohibit public probation officers, private probation officers, and private corporations, enterprises, and agencies providing probation services from referring a probationer to a specific alcohol or drug education program; to provide for criminal penalties; to require that approval to privatize probation services by the governing authority of a county, a municipality, or a consolidated government be accompanied by a copy of the final contract; to change the qual ifications for one member of the County and Municipal Probation Advisory Council; to amend the uniform professional standards for private corporations, enterprises, and agen cies providing private probation services; to authorize the County and Municipal Probation Advisory Council to promulgate regulations requiring private probation entities to conduct criminal record checks of private probation officers; to prohibit any person convicted of a felony from being employed as a private probation officer; to establish financial standards for private probation providers; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety subsection (c) of Code Section 42-8-26, relating to pro bation supervisors, and inserting in lieu thereof the following:
"(c)(l) No supervisor shall engage in any other employment, business, or activities which interfere or conflict with his or her duties and responsibilities as probation supervisor.
(2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Hisk Reduction Program certified by the Department oT Human Resources.
(3) No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph sEall not prohibit any supervisor from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any supervisor violating this paragraph shall be guilty of a misdemeanor."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 42-8-100, relating to agreements between chief judges of county courts or judges of municipal courts and cor porations, enterprises, or agencies for probation services, and inserting in lieu thereof the following:

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"42-8-100.
(a)(l) The chief judge of any court within the county, with the approval of the gov erning authority of that county, is authorized to enter into written contracts with cor porations, enterprises, or agencies to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as all as any moneys which by opera tion of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto.
(2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to pro vide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county.
(b)(l) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general proba tion supervision, counseling, collection services for all moneys to be paid by a defend ant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be at tached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto.
(2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation."
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following:
"(a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Governor, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer ap pointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the

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Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of cor rections, each designee or representative shall be employed in their representative capac ity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agree ments for probation services and the conduct of business by private entities providing probation services as authorized by this article."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following:
"(e) The council shall have the following powers and duties:
(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control;
(2) To review the uniform professional standards for private probation officers and uni form contract standards for private probation contracts established in Code Section 428-102 and submit a report with its recommendations to the General Assembly;
(3) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing educa tion for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996;
(4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts;
(5) To promulgate rules and regulations establishing registration for any private corpo ration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; and
(6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts:; and
(7) To promulgate rules and regulations requiring criminal record checks of private probation officers and establishing procedures for such criminal record checks. Such Fules and regulations shall require a private probation entity to conduct a criminal History records check, as provided in Code Section 35-3-34, for all private probation officers employed by that entity; and to certify the results of such criminal history Fecords check to the council, in such detail as the council may require. Notwithstand ing Code {Section 35-3-38 or any other provision of law, a private probation entity shall, upon request, communicate criminal history record information on a private probation officer to the Administrative Office of the Courts and the County and Municipal Proba tion Advisory Council.''

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SECTION 5.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-8-102, relating to uniform professional and contract standards, and inserting in lieu thereof the following:
"(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course; provided, however, that any person who is currently employed as a private probation officer as of July 1, 1996, and who has at least six months of experience as a private probation officer shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996. In no event shall any person con victed of a felony be employed as a private probation officer or utilize the title of private probation officer?'
SECTION 6.
Said chapter is further amended by inserting at the end of Code Section 42-8-104, relating to conflicts of interests for private probation service providers, the following:
"(c)(l) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employ ees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources.
(2) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, di rectly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any pro bationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduc tion Programs. Any person violating this paragraph shall be guilty of a misdemeanor."
SECTION 7.
Said chapter is further amended by inserting a new Code section to be designated Code Section 42-8-108 to read as follows:
"42-8-108.
The probation providers standards contained in this Code section shall be met by corpo rations, enterprises, or agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997. Any corpora tion, enterprise, or agency who fails to meet the standards established in this Code sec tion on or after January 1, 1997, shall not be eligible to provide probation services in this state. All corporations, enterprises, or agencies who enter into written contracts for pro bation services under the authority of Code Section 42-8-100 on or after January 1, 1997, shall:
(1) Maintain no less than $1 million coverage in general liability insurance;
(2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and

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(3) Employ at least one person who is responsible for the direct supervision of proba tion officers employed by the corporation, enterprise, or agency and who shall have at least five years' experience in corrections, parole, or probation services; provided, how ever, that the five-year experience requirement shall not apply to any corporation, en terprise, or agency which is currently engaged in the provision of private probation services in this state on the effective date of this Code section."

SECTION 8.

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

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 751.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Brown of 26th Cagle Farrow

Hill Hooks Oliver

Scott Thompson Tysinger

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 751.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 563 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:

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"To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for satisfactory proof of insurance for certain recently ac quired vehicles; to change certain provisions relating to self-insurance for taxicab opera tors; to provide for effective dates; to repeal".
By striking lines 8 through 12 of page 1 and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (a) of Code Section 40-6-10, relating to proof of insurance required for motor vehicles, and inserting in lieu thereof the following:".
By redesignating Section 2 as Section 4.
By inserting between lines 4 and 5 of page 2 the following:

"SECTION 2.

Said title is further amended by striking subparagraph (a)(3) (D) of Code Section 40-9-101, relating to self-insurers, and inserting in lieu thereof the following:
'(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance is sued prior to July 1, 1994, shall be allowed a transition period through December 30, 1996, in which to meet the requirements of subparagraph (C) of this paragraph; pro vided, however, on and after December 31, 1995 1996, all self-insurers under this para graph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph.'

SECTION 3.

This section and Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be come effective July 1, 1996.".
Senator Taylor of the 12th moved that the Senate agree to the House amendment to SB 563 as amended by the following amendment:
Amend the House amendment to SB 563 by striking lines 23 through 35 of page 1 and inserting in lieu thereof the following:
"self-insurers, and inserting in lieu thereof a new subparagraph (D) and by adding at the end of paragraph (3) of subsection (a) a new subparagraph (G) to read as follows:
'(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, that, except as provided in subparagraph (G) of this paragraph, on and after December Si, 1995, all self-insurers under this paragraph shall comply fully with the requirements of subpar agraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph.'
'(G) Until December 30, 1996, the provisions of subparagraph (c) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner on December 31, 1995."T
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears

Bowen Broun of 46th Burton Cagle Cheeks

Clay Day Dean Edge Egan

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Gillis Glanton Gochenour Griffin
Guhl Henson Johnson of 2nd Johnson of 1st Kemp Lamutt Land

Madden Marable McGuire Middleton
Newbill Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes
Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Crotts Farrow Harbison

Hill Hooks James

Langford Oliver Thompson

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 563 as amended by the Senate.
Pursuant to Rule 111, HR 1129, having been removed from the Table earlier today, was put upon its adoption.

HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th, Hanner of the 159th, Porter of the 143rd 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.
Senate Sponsor: Senator Guhl of the 45th.

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; to provide that such trust shall not be subject to certain provisions of the Constitution; to provide for submission of this amend ment 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 (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of a State Land Trust for the purchase and maintenance of lands for the purpose of preserv ing land in its natural state, protecting river corridors and environmentally sensitive lands from development, and increasing the area of state parks. The General Assembly may provide by general law for the dedication and deposit of revenues raised from speci fied sources into the fund. Any other appropriation of moneys into the 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:

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'( ) YES Shall the Constitution be amended so as to authorize the creation of a State ( ) NO Land Trust for the purchase and maintenance of lands to preserve land in its
natural state, to protect river corridors and environmentally sensitive lands, and to increase the area of state parks?"
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 Dean of the 31st and Gochenour of the 27th offered the following amendment:
Amend HR 1129 by striking line 6 of page 1 and inserting in lieu thereof the following:
"rejection; proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, to meet the costs of care and rehabilitative services for certain citizens of this state with brain or spinal cord injuries; to provide for submission of this amendment for ratification or rejection; and for other purposes.".
On the adoption of the amendment, the yeas were 35, nays 0, and the Dean, Gochenour amendment was adopted.
Senators Dean of the 31st and Gochenour of the 27th offered the following amendment:
Amend HR 1129 by adding after line 8 of page 2 the following:
"SECTION 3.
Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof the following:
'(k) The General Assembly is authorized to provide by general law for additional penal ties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine.'".
On the adoption of the amendment, the yeas were 38, nays 0, and the Dean, Gochenour (0100) amendment was adopted.
Senators Dean of the 31st and Gochenour of the 27th offered the following amendment:
Amend HR 1129 by adding at the end of page 2 the following:
"SECTION 4.
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:

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'( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO provide by general law for additional penalties or fees in any case in any court
in this state in which a person is adjudged guilty of an offense involving driv ing under the influence of alcohol or drugs and for the allocation of such addi tional penalties or fees to the Brain and Spinal Injury Trust Fund, as provid ed by law, to meet the costs of care and rehabilitative services for certain citi zens of this state with brain or spinal cord injuries?'"
On the adoption of the amendment, the yeas were 36, nays 1, and the Dean, Gochenour (0101) amendment was adopted.
Senators Dean of the 31st and Gochenour of the 27th offered the following amendment:
Amend HR 1129 by adding at the end of page 2 the following:
"All persons desiring to vote in favor of ratifying the proposed amendment shall vote "NYeos..'" All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.".
On the adoption of the amendment, the yeas were 31, nays 0, and the Dean, Gochenour (0102) amendment was adopted.
Senators Langford of the 29th, Dean of the 31st, Land of the 16th and Edge of the 28th offered the following amendment:
Amend HR 1129 by inserting at the end of line 4 on page 1 the following:
"propose 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 certain fines and penalties shall be paid into such fund; to"
By striking line 25 on page 1 and inserting in lieu thereof the following:
"The amendment to the Constitution proposed by Section 1 of this resolution shall be".
By inserting following line 8 on page 2 the following:
"SECTION 3.
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 for the purpose of remediating environmental problems caused by violations of environmental 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 IV(c), relative to the lapsing of funds.'
SECTION 4.
The above amendment to the Constitution proposed by Section 3 of this resolution 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?'

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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 amendment, the yeas were 40, nays 2, and the Langford, Dean, et al. (0639) amendment was adopted.
Senators Langford of the 29th, Dean of the 31st and Land of the 16th offered the fol lowing amendment:
Amend HR 1129 by inserting at the end of line 4 on page 1 the following:
"authorize the General Assembly to provide by law for an environmental trust fund and provide for the payment of certain moneys into such fund; to".
By striking the quotation marks at the end of line 23 on page 1 and inserting immediately following such line the following:
"(1) The General Assembly may provide for a trust fund for the purpose of correcting damage to the environment and to provide that specific fees and assessments be paid to such fund. Such fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c)."
By striking line 1 on page 2 and inserting in lieu thereof the following:
"parks, and to authorize the General Assembly to establish an environmental trust fund and to direct that certain fines and penalties be paid into such fund?' "
Senator Langford of the 29th asked unanimous consent that the Langford, Dean, et al (0630) amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Edge of the 28th offered the following amendment:
Amend HR 1129 by inserting at the end of line 4 on page 1 the following:
"propose 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 real property included within such district so long as the owners of all property included within such district consent to the creation thereof; to"
By striking line 25 on page 1 and inserting in lieu thereof the following:
"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 real 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

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2119

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 real 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. 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.'
SECTION 3.
The amendment to the Constitution proposed by Section 1 of this resolution shall be".
By inserting immediately following line 8 on page 2 the following:
"SECTION 4.
The amendment to the Constitution proposed by Section 2 of this resolution shall be pub lished and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
'( ) YES Shall the Constitution be amended so as to provide that the creation by a ( ) NO county or municipality of a community improvement district empowered to
levy taxes, fees, and assessments upon all real property located therein re gardless of its use shall require the consent of the owners of all property to be located within such community improvement district?'
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 TSTo.'
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 amendment, the yeas were 37, nays 3, and the Edge amend ment was adopted.
Senator Edge of the 28th moved that the Senate suspend Rule 143 to allow further consideration of HR 1129.
On the motion, the yeas were 39, nays 4; the motion prevailed, and Rule 143 was suspended.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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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:

Abernathy Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks Crotts Day Dean Edge Gillis 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 Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Brown of 26th

Clay Egan

Thompson

Those not voting were Senators: Farrow (excused conferee) Land (excused conferee)

Ralston (excused conferee)

On the adoption of the resolution, the yeas were 48, nays 5.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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

The House has rejected the report of the Committee of Conference on the following bill of the House:

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.

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The following bill was taken up to consider House action thereto:
SB 227. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child sup port; to provide for definitions; to provide for lists of persons who are not in compliance, for the issuance of such lists to certain licensing boards.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 2-7-102 of the Official Code of Georgia Anno tated, relating to grounds for denial, suspension, and revocation of various pesticide licenses so as to provide for the denial or suspension of a license for failure to comply with an order of child support; to amend Code Section 7-1-1017 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for mortgage lenders and brokers, so as to provide for the denial or suspension of a license for failure to comply with an order of child support; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for definitions; to authorize a court as part of a contempt proceeding to order licensing entities to suspend the licenses or deny the application or renewal of a license for any person who is not in compliance with an order for child support; to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to provide for definitions; to provide for the denial or suspension of a license for failure to comply with an order for child support; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for definitions; to provide for a certified state-wide list of persons who are not in compliance with an order for child support and for the issuance of such list to certain licensing entities; to authorize licensing entities to suspend or deny the licenses or applications for licenses for all persons whose names are on the certified list; to provide for notices, hearings, and administrative and judicial review relating to license suspension and denial; to provide for notices of re lease; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for a report; to provide for regulations; to change provi sions 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 in cluded; to provide that findings relating to child support shall not be required where child support is not in issue; to provide that certain procedural requirements relating to determi nation of child support shall not apply in divorce cases in which there are no minor chil dren; to provide for related matters; to provide for an effective date and for applicability; to amend Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the sus pension or revocation of licenses for pharmacists, so as to provide for the suspension of a license for failure to comply with an order of child support; to amend Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others; to amend Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, so as to provide for the suspension of a license for failure to comply with an order of child support; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revo cation of licenses, so as to provide for definitions; to provide for the denial of suspension of a driver's license for failure to comply with an order of child support; to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, related to restricted driving permits; to provide for the issuance of a restricted driving permit to a person whose license has been suspended for failure to pay child support; to amend Code Section 43-1-19 of the Official

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Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards; to provide for the denial of suspension of a driver's license for failure to comply with an order of child support; to amend Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the refusal of classification of real estate appraisers; so as to provide for definitions; to provide for the denial of suspension of a driver's license for failure to comply with an order of child support; to amend Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, to include as a ground for refusing to grant or suspend licenses the lack of compliance with an order for child support; to provide for hearing and appeal procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) The Commissioner may suspend any pesticide contractor's license or certified com mercial pesticide applicator's license, or refuse to grant or renew either license upon no tice to the Commissioner by either a court of competent jurisdiction or the child support agency within the Department of Human Resources that:
(1) The applicant for or holder of either such license is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or 19-11-9.3; and
(2) The hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-119.3, where applicable, shall be the only such procedures required under this article."
SECTION 2.
Code Section 7-1-1017 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for mortgage lenders and mortgage brokers, is amended by strik ing in its entirety paragraph (a) and inserting in lieu thereof the following:
"(a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order tor child support as provided in Code Section 19-628.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article."
SECTION 3.
Chapter 6 of Title 19, relating to alimony and child support generally, is amended by ad ding immediately following Code Section 19-6-28 a new Code section to read as follows:
"19-6-28.1.
(a) As used in this Code section, the term:
(1) 'License' means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation;
(2) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to

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drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Applica tion Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chap ter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
(b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support ar rears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willing ness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section.
(c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed."
SECTION 4.
Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relat ing to the practice of professional forestry, is amended by adding immediately following Code Section 12-6-49 the following:
"12-6-49.1.
(a) As used in this Code section, the term:
(1) 'Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act.'
(2) 'Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
(3) 'Proof of compliance' means the notice of release issued by the agency or a court of competent jurisdiction stating that the delinquent obligor is in compliance with an or der for child support.
(b) The board shall suspend, as provided for in Code Sections 19-6-28.1 and 19-11-9.3, the license of any registered forester upon receipt of a record from the agency or a court of competent jurisdiction stating that such licensee is not in compliance with an order for child support.
(c) The board shall deny the application or renewal, as provided in for Code Sections 196-28.1 and 19-11-9.3, of any applicant or licensee upon receipt of a record that such ap plicant or licensee is not in compliance with an order for child support from the agency or court of competent jurisdiction.
(d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required to suspend a license or deny the issuance or renewal of an application for a license under this part."

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SECTION 5.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-12, relating to judgments in divorce cases, and in serting in its place a new Code section to read as follows:
"19-5-12.
(a) A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:

FINAL JUDGMENT AND DECREE

Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimom'i, between the parties to the above stated case upon legal principles.

It is considered, ordered, and decreed by the court that the marriage contract hereto fore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.

Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatso ever and both shall have the right to remarry.

Decree and order entered this_____________day of______________,_ 15

Judge, Superior Court

(b) Where applicable, any one or more of the following clauses shall be included in the form of the judgment: (Where applicable, add the t'ulluwmg.l

The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit:_.

The court awards custody of the children of the parties as follows:__________.

The court fixes alimony as follows: _______________________________

(c) In any case which involves the determination of child support and only in such cases, the form of the judgment shall also include provisions substantially identical to the following?

In determining child support, the court finds as follows:

The gross income of the father is _____________ dollars monthly.

The gross income of the mother is _____________ dollars monthly.

In this case child support is being determined for ______children.

The applicable percentage of gross income to be considered is

Number of Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

Thus, ______ percent of ____________ (gross income of obligor) equals ___ dollars per month.
The court has considered the existence of special circumstances and has found the fol lowing special circumstances marked with an "X" to be present in this case:

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______ 1. Ages of the children.
______ 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be con sidered if no insurance is available:
______ 3. Educational costs:
______ 4. Day-care costs:
______ 5. Shared physical custody arrangements, including extended visitation:
______ 6. A party's other support obligations to another household:
______ 7. Income that should be imputed to a party because of suppression of income:
______ 8. In-kind income for the self-employed, such as reimbursed meals or a company car:
______ 9. Other support a party is providing or will be providing, such as payment of a mortgage:
______ 10. A party's own extraordinary needs, such as medical expenses:
______ 11. Extreme economic circumstances including but not limited to:
______ (A) Unusually high debt structure; or
______ (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum:
______ 12. Historical spending in the family for children which varies significantly from the percentage table:
______ 13. Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact.
______ 14. In-kind contribution of either parent:
______ 15. The income of the custodial parent:
______ 16. The cost of accident and sickness insurance coverage for dependent children included in the order:
______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody:
______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below: _____________________;
Having found that no special circumstances exist, or special circumstances numbered ______ exist (delete the phrase which does not apply), the final award of child sup port which _____________ shall pay to _____________ for support of the child or children is ______ dollars per week/month other period (delete those which do not apply and insert as necessary) per child, beginning on the ________ day of ______, 19______, and payable thereafter on the ______ day of ______ until the child becomes 18 years of age, dies, marries, or otherwise becomes emanci pated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. _____________ is ordered to provide accident and sickness insurance for the child or children for so long as he or she is obligated by this order to provide support (insert name of party or delete this sentence if the order does not include provision for insurance).
(d) Where (Where applicable, the court shall also include in the order the provisions of Code Section 19-6-30 concerning continuing garnishment for support and language in compliance with Code Section 19-6-32 concerning income deduction orders.)

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U6Ci*66 fliid orcisr &Qt6r6Q mis

* u.3.y or

, J.y

SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 19-6-15, relating to computation and award of child support, and inserting in its place a new subsection to read as follows:
"(a) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent expressly authorized in subsection (e) of this Code section; and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of find ings in the verdict or decree shall not apply. In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also deter mine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insur ance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at rea sonable costs through employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate. If currently unavailable or unreasonable in cost, the court shall order the obligor to ob tain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for neces saries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the provi sions of this Code section and the jury shall be required to return a special interrogatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circum stances. Furthermore, nothing contained within this Code section shall prevent the par ties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the pres ence or absence of special circumstances in accordance with subsection (c) of this Code section."

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SECTION 7.
Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by adding immediately following Code Section 19-119.2 a new Code section to read as follows:
"19-11-9.3.
(a) As used in this Code section, the term:
(1) 'Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to this article.
(2) 'Applicant' means any person applying for issuance or renewal of a license.
(3) 'Certified list' means a list provided by the agency of the names of support obligors found to be not in compliance with an order for child support in a case being enforced under this article.
(4) 'Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
(5) 'Delinquent obligor' means any obligor who is not in compliance with an order for child support and who appears on the agency's certified list.
(6) 'Department' means the Department of Human Resources.
(7) 'License' means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation.
(8) 'Licensee' means any person holding a license.
(9) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Applica tion Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chap ter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
(b) The agency shall maintain a state-wide certified list of those persons included in any case enforced under this article for whom an order for child support has been rendered and who are not in compliance with that order. The certified list must be updated on a monthly basis. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each person on the list.
(c) On or before January 1, 1997, all licensing entities shall implement procedures to accept and process the list provided by the agency in accordance with this Code section.
(d) Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. That notification shall include the applicant's or licensee's last known mail ing address on file with the licensing entity.
(e) After receiving notice from a licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsec tion (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license.

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(f) Notice for purposes of this Code section shall be initiated by the department. Notice to the delinquent obligor shall include the address and telephone number of the agency and shall inform the delinquent obligor of the agency's intent to submit the obligor's name to relevant licensing entities and to request that the licensing entities withhold issuance or renewal of the license, or suspend the license. Notice shall be sent by first class mail and receipt by the delinquent obligor may be presumed if the mailing is not returned to the department within 30 days from the date of mailing. The notice must also inform the delinquent obligor of the following:
(1) The delinquent obligor has 20 days from the date of mailing to come into compli ance with the order or to reach an agreement to pay the delinquency with the agency. If an agreement cannot be reached within that time or if the delinquent obligor does not respond within that time, the agency will send notice to the licensing entities re questing that the licenses be suspended or the licensure applications be denied;
(2) The obligor may request an administrative hearing and judicial review of that hear ing under subsection (g) of this Code section. A request for a hearing must be made in writing and must be received by the agency within 30 days of service of notice; and
(3) If the delinquent obligor requests a hearing within 20 days of service, the depart ment shall stay all action pending the hearing and any appeals.
(g) If no response is received from the delinquent obligor by the department within 30 days from the date of mailing of the notice and the delinquent obligor is still shown as delinquent on the next month's list prepared pursuant to subsection (b) of this Code sec tion, the department shall request one or more licensing entities to deny or suspend a license of the delinquent obligor. Each licensing entity shall notify the delinquent obligor by certified mail of the date that the license has been denied or suspended.
(h) All delinquent obligors subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50. A delinquent obligor who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The only issues at the hearing will be the following:
(1) Whether there is an order for child support being enforced pursuant to this article;
(2) Whether the licensee or applicant is the obligor covered by that order;
(3) Whether the support obligor is or is not in compliance with the order for child support;
(4) Whether the support obligor shall be entitled to pay past due child support in peri odic payments; and
(5) Whether the support obligor has been able and willing to comply with such order for support.
With respect to the issues listed in this subsection, evidence relating to the ability and willingness of an obligor to comply with such order for support shall be considered in making the decision to either suspend a license or deny the issuance or renewal of a license under this Code section. The administrative law judge shall be authorized to enter into an agreement or enter an order requiring such periodic payments and, in each event, the administrative law judge shall be authorized to issue a release for the obligor to obtain each license or licenses. Such an agreement will not act to modify an existing child support order, but rather only affects the payment of the arrearage.
(i) The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsection (g) of this Code section. Notwithstanding any hearing requirements for suspension and de nials within each licensing entity, the hearing and appeal procedures outlined in this

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Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section.
(j) The department shall prescribe release forms for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection (g) of this Code section to be unable to comply with the order or to be not willfully out of compliance with such order, the agency shall mail to the delinquent obli gor and the appropriate licensing entity a. notice of release stating such determination. The receipt of a notice of release shall serve to notify the delinquent obligor and the licensing entity that, for the purpose of this Code section, he or she is in compliance with an order for child support, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the delinquent obligor is once again not in compliance with an order for child support.
(k) Any payments received by the department on behalf of a child support recipient under this Code section shall be forwarded to such recipient within 15 days after any such payment is received by the department.
(1) The department may enter into interagency agreements with state agencies that have responsibility for the administration of licensing entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section.
(m) In furtherance of the public policy of increasing child support enforcement and collec tions, on or before January 1, 1998, the department shall make a report to the General Assembly and the Governor based on data collected by the boards and the department in a format prescribed by the department. The report shall contain all of the following:
(1) The number of delinquent obligors certified by the agency under this Code section;
(2) The number of delinquent obligors who also were applicants for issuance or renewal of a license or licensees subject to this Code section;
(3) The number of new licenses and renewals that were denied subject to this Code section and the number of new licenses issued and renewals granted following a licens ing entity's receipt of releases;
(4) The number of licenses suspended subject to this Code section, and the number of licenses reissued following the licensing entity's receipt of releases; and
(5) The amount of revenue collected by the department after sending notices pursuant to this Code section.
(n) Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section shall respond only that the license was suspended or the licensure application was de nied pursuant to this Code section.
(o) The department shall, and the licensing entities as appropriate may, adopt regula tions necessary to implement this Code section."
SECTION 8.
Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, is amended by adding a new subsection (c) at the end thereof to read as follows:
"(c) The board shall have the power to suspend any license issued under this part when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the applica tion for issuance or renewal of a license under this part when such applicant is not in

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compliance with a court order for child support as provided in either of such Code sec tions. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under this part."
SECTION 9.
Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others is amended by adding at the end thereof a new paragraph (19) to read as follows:
"(19) Is not in compliance with an order for child support as defined by Code Section 196-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal proce dures conducted pursuant to such Code sections shall be the only such procedures re quired to suspend, deny, or revoke any license under this title."
SECTION 10.
Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of sus pension or revocation of the licenses of insurance agents and others, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Any license, other than a probationary license, may be suspended or revoked as pro vided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The proce dure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph (19) of Code Section 33-23-21 which shall only require the hearings provided for in that paragraph."
SECTION 11.
Article 3 of Chapter 5 of Title 40, relating to cancellation, suspension, and revocation of licenses, is amended by adding immediately following Code Section 40-5-54 a new Code section to read as follows:
"40-5-54.1.
(a) As used in this Code section, the term:
(1) 'Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to this article.
(2) 'Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
(3) 'Proof of compliance' means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an or der for child support.
(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support.
(c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license.
(d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section

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19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hear ings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section.
(e) A person whose driver's license has been suspended pursuant to this Code section may apply to the Department of Public Safety for a restricted driving permit as provided in Code Section 40-5-71."
SECTION 12.
Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of insurance cancellation; lapse fee; suspension of license; restricted driving permits, is amended by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) A person whose driver's license has been suspended pursuant to Code Section 40-570, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-610 may apply to the Department of Public Safety for a restricted driving permit as pro vided in this Code section. A person whose driver's license was surrendered to the court adjuditaliag Hie offense resulting hi the suspension may apply to the department for a restricted driving permit immediately following the conviction or suspension."
SECTION 13.
Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, is amended in subsection (a) by striking the word "or" at the end of paragraph (9), by striking the period and inserting "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows:
"(11) Failed to comply with an order for child support as denned by Code Section 19-119.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met."
SECTION 14.
Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the refusal of classification of real estate appraisers, is amended by adding at the end thereof a new sub section to read as follows:
"(j) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsec tion, the hearing and appeal procedures provided for in such Code sections shall be the only such procedures required under this article."
SECTION 15.
Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, is amended by adding at the end thereof the following subsection (k):
"(k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such proce dures required under this chapter."

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SECTION 16.

(a) This Act shall become effective July 1, 1996.
(b) Sections 5 and 6 of this Act shall apply with respect to cases pending on its effective date, as well as with respect to cases initiated on or after that effective date.

SECTION 17.

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 227.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Clay Farrow (excused conferee)

Henson Land (excused conferee) Langford

Newbill Ralston (excused conferee)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 227.
The following bill was taken up to consider the Conference Committee report thereto:
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.

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The Conference Committee report was as follows:

The Committee of Conference on HB 1404 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 1404 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Mark Taylor 12th District

Is/ Representative Robin L. Williams 114th District

/s/ Senator Sonny Perdue 18th District

/s/ Representative Ben L. Harbin 113th District

/s/ Senator G.B. Pollard 24th District

/s/ Representative Jimmy Lord 121th District

Committee of Conference substitute to HB 1404:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to establish cer tain limitations with respect to loss reserves of workers' compensation insurers; to provide that such insurers may not maintain any excess loss reserve for a claim or potential claim for longer than a specified period of time after the amount of liability for such claim or potential claim has been established; to prohibit the maintenance of excess case reserves for experience rating purposes; to require timely reporting of case reserve reductions; to provide for enforcement through examinations, required disclosures, and other appropriate procedures; to require the Commissioner of Insurance to submit certain information re garding rate filings for personal passenger motor vehicle insurance and regarding entrance into and departure from the state by certain insurers to the chairperson of the House Com mittee on Insurance and the chairperson of the Senate Committee on Insurance and Labor; to exempt certain persons from certificate of authority maintenance requirements; to ex empt certain persons from continuing education requirements; to provide for rules and reg ulations; to change certain provisions regarding failure of an insurer to comply with notice requirements; 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; to change certain provisions relating to countersigning of insurance contracts by resident agents; to change certain provisions re lating to commissions for countersigning of insurance contracts by resident agents; to pro vide for requests for review of cancellations or nonrenewals by the Commissioner; to provide for hearings; to provide for a point-of-service option for certain persons offered health care coverage through a health maintenance organization; to provide for additional payments for such option; to provide for different cost sharing provisions for such option in certain circumstances; to provide for exceptions; to implement the requirements of the So cial Security Act Amendments of 1994; to provide for exemption of defined commercial risks from certain filing requirements; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-2-8.2 to read as follows:

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"33-2-8.2.
During the first week of each quarter, the Commissioner shall transmit to the chairper son of the House Committee on Insurance and the chairperson of the Senate Committee on Insurance and Labor the following information:
(1) The number of rate increases and decreases for personal passenger motor vehicle insurance which were requested, approved, and disapproved during the preceding quarter, categorized according to the amount of the increase or decrease requested, approved, and disapproved as follows:
(A) Five percent or less;
(B) Greater than 5 percent but less than 10 percent;
(C) Greater than 10 percent but less than 20 percent; and
(D) Greater than 20 percent.
Any increase or decrease which was approved in an amount different than that re quested shall be so noted in the report;
(2) The number of insurers newly authorized to transact insurance in this state for any line, class, or subclass of insurance listed in subsection (d) of Code Section 33-2-8.1 during the preceding quarter; and
(3) The number of insurers authorized to transact insurance in this state for any line, class, or subclass of insurance listed in subsection (d) of Code Section 33-2-8.1 which ceased to transact insurance in this state during the preceding quarter."
SECTION 2.
Said title is further amended by striking in its entirety subparagraph (a)(3)(B) of Code Section 33-7-14, relating to reinsurance of risks, and inserting in lieu thereof a new subpar agraph (B) to read as follows:
"(B) Submits to the authority of this state to examine its books and records. Para graph (1) Subparagraph (A) of this subsection paragraph shall not apply to reinsur ance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system;".
SECTION 3.
Said title is further amended by inserting after subsection (a) of Code Section 33-9-3, relat ing to application of certain provisions regarding regulation of rates, underwriting rules, and related organizations, a new subsection (a.l) to read as follows:
"(a.l) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter."
SECTION 4.
Said title is further amended by striking subsection (a) of Code Section 33-9-21, relating to maintenance, filing, and effectiveness of insurers' rates, rating plans, rating systems, and underwriting rules, and inserting in its place a new subsection to read as follows:
"(a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner, when he or she deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':

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(1) May require any domestic, foreign, and alien insurer to file the required rates, rat ing plans, rating systems, underwriting rules, and policy or bond forms used independ ent of any filing made on its behalf or as a member of a licensed rating organization, as he the Commissioner shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citi zens of this state; and
(2) Shall require, not later than July 30, 1990, each domestic, foreign, and alien in surer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for work ers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commis sions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. In es tablishing and maintaining loss reserves, no workers' compensation insurer shall be allowed to maintain any excess loss reserve for any claim or potential claim for more than 90 days after the amount of liability for such claim or potential claim has been established, whether by final judgment, by settlement agreement, or otherwise. This limitation on the maintenance of loss reserves shall be enforced through this Code section, as well as through Code Section 33-9-23, relating to examination of insurers, Code Section 34-9-135, relating to required disclosure of costs by workers' compensa tion insurers, and any other appropriate enforcement procedures. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. A rate filing required by this paragraph shall be up dated by the insurer at least once every two years, the initial two-year period to be calculated from July 30, 1990:; and
(3) As used in paragraph (2) of this subsection, the term 'excess loss reserve' means any reserve amount in excess of the reserve required by law."
SECTION 5.
Said title is further amended by striking Code Section 33-9-40.1, relating to prohibited practices with respect to workers' compensation experience rating, and inserting in its place a new Code section to read as follows:
"33-9-40.1
(a) An insurer shall not assign an adverse experience modification factor which is appli cable to the rate of a workers' compensation insurance policy issued to a particular busi ness entity to the rate of a workers' compensation policy issued to another business entity maintaining a separate payroll for federal and state tax purposes and engaging in a distinctly different business enterprise for the sole reason that the majority interest in both business entities is held by the same person.
(b) For experience rating purposes no workers' compensation insurer shall maintain any case reserve for any claim in excess of the amount established by final judgment, by settlement, or otherwise. All reductions in case reserves shall be made and reported to the appropriate rating organization within 90 days. Any further adjustments upward in the case reserve may only be made due to additional paid claims or a case reserve estab lished on a claim which was previously closed but reopened due to a claimant's request for additional benefits. This limitation on the maintenance of reserves shall be enforced through this Code section, as well as through Code Section 33-9-21, relating to rate fil ings, Code Section 33-9-23, relating to examination of insurers, Code Section 34-9-13^ relating to required disclosure of costs by workers' compensation insurers, and any other appropriate enforcement procedures."

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SECTION 6.

Said title is further amended by striking in their entirety subsections (d) and (e) of Code Section 33-11-20, relating to investment in corporate obligations, and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof, other than the obligations described in subsections (a), (b), and (c) of this Code section, which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must:

(1) Consist of less than 100 percent of the total obligation issued; and

(2) Be available for liquidation by the insurer within five days from the date of a re quest by the insurer for the liquidation of the investment?; and

(3) Notwithstanding Code Section 33-11-37, as a total at any one time not exceed 5 percent of the insurer's admitted assets without the written approval of the Commissioner.

(e) Notwithstanding Code Section 30-11-37,

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SECTION 7.

Said title is further amended by striking in its entirety subsection (a) of Code Section 3316-14, relating to limitations on amounts of risks retainable by farmers' mutual insurance companies, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Amount of Insurance in Force

$

100,000 but less than

250,000 but less than

400,000 but less than

600,000 but less than

900,000 but less than

1,200,000 but less than

1,500,000 but less than

2,000,000 but less than

2,500,000 but less than

3,000,000 but less than

3,500,000 but less than

7,000,000 and over . . .

Maximum Risk
i 250,000............ $2,000 400,000 ............. 2,500 600,000 ............. 3,000
900,000........ 47666 4,500
1,200,000 ........ 67666 6,000 1,500,000 ........ 57560 7,500 2,000,000 ....... 67666 10,000 2,500,000 ....... 77866 12,500 3,000,000 ....... 87666 15,000 3,500,000 ....... 97666 17,500 7,000,000 ...... 10,000 35,000
00,000 50,000"

SECTION 8.
Said title is further amended by adding a new Code Section 33-21-29 to read as follows:
"33-21-29.
(a) It is the intent of the General Assembly to allow citizens to have the right to choose their own health care providers with as few mandates from government and business as possible. It is also the intent to allow these choices with no additional cost to any busi ness in this state. With these intentions, and the recognition of necessary governmental involvement through various laws, the General Assembly enacts this Code section.

MONDAY, MARCH 18, 1996

2137

(b) As used in this Code section, the term:
(1) 'Employer' means an employer, association, or other private group arrangement.
(2) 'Enrollee' means any person entitled to receive health care services or reimburse ment for such services pursuant to a contract with a health maintenance organization, whether the contract is with the person entitled to receive those services or reimburse ment or the contract is with an employer of which such person is an employee or member.
(3) 'Point-of-service option' means a delivery system that permits an enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the enrollee's con tract with the health maintenance organization.
(4) "Provider' means a provider or a group of providers designated to provide health care services to the health maintenance organization's enrollees, as provider is defined in Code Section 33-21-1.
(5) 'Provider panel' means those providers with which a health maintenance organiza tion contracts to provide health care services to the health maintenance organization's enrollees.
(c) If the only type of insurance that an employer offers to eligible employees or individu als is health benefit plan coverage through a health maintenance organization, then the health maintenance organization with which such employer contracts to provide such coverage shall offer or make arrangements for the offering of a point-of-service option to such employer for the employer's eligible employees or individuals, and each such eligible employee or individual shall have the right to accept or reject such option.
(d) An employer may require an employee or individual who accepts the point-of-service option to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization or by an arrangement with another entity in conjunction with the health maintenance organization either di rectly to the health maintenance organization or other entity or by payroll deduction.
(e) A health maintenance organization may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the provider panel of the health maintenance organization.
(f) This Code section shall not apply to the Department of Medical Assistance with regard to any and all health benefits that department may provide pursuant to Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' nor shall this Code section apply to Chapter 9 of Title 34, relating to workers' compensation.
(g) An employer may charge an employee or individual who accepts the point-of-service option a reasonable administrative fee for costs associated with the employer's reason able administration of the point-of-service option."
SECTION 9.
Said title is further amended by redesignating subsection (g) of Code Section 33-23-4, relat ing to license requirements and restrictions on payment or receipt of commissions, as sub section (h) and by inserting after subsection (f) a new subsection (g) to read as follows:
"(g) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be ex empt from the requirement to maintain at least one certificate of authority; provided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for certificate of authority."

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SECTION 10.
Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license applicants, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade ar eas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area and if the other state in which the city, town or trade area is located in part has established like requirements as to residence and place of business;".
SECTION 11.
Said title is further amended by striking subsection (e) of Code Section 33-23-18, relating to issuance of license on continuous basis, filing for continuation, and continuing education requirements, and inserting in its place a new subsection (e) to read as follows:
"(e) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deterred commissions shall be ex empt from continuing education requirements; provided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such per son must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section."
SECTION 12.
Said title is further amended by striking in its entirety subsection (b) of Code Section 3323-31, relating to countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who resides in this slate and is licensed pursuant to this article Code Section 33-23-5, except:
(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof;
(2) Any contract of property insurance upon property of railroad companies and other common carriers;
(3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier;
(4) Any contract of reinsurance between insurers;
(5) Any contract of life or accident and sickness insurance; or
(6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project."

MONDAY, MARCH 18, 1996

2139

SECTION 13.
Said title is further amended by striking in its entirety Code Section 33-23-32, relating to commissions for countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new Code Section 33-23-32 to read as follows:
"33-23-32.
Except as provided in subsection (b) of Code Section 33-23-31, all insurance contracts on risks or property located or having a situs in this state must be countersigned by a resi dent an agent duly licensed in accordance with this chapter Code Section 33-23-5; and, if a liceEied nonresident agent participates in the effectuation of such contract, the resident agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis."
SECTION 14.
Said title is further amended by striking Code Section 33-23-44, relating to the authority of the Commissioner of Insurance, and inserting in its place a new Code Section 33-23-44 to read as follows:
"33-23-44.
(a) The Commissioner may establish rules and regulations with respect to:
(1) The classification of applicants according to the kinds of insurance to be effected by them if licensed;
(2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations;
(3) Classification and scope of authority of any license authorized under this chapter; and
(4) Any other purpose required or necessary for the implementation or enforcement of this chapter.
(b) The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section 33-23-18 that is distinct from other agent licenses."
SECTION 15.
Said title is further amended by striking in its entirety subsection (o) of Code Section 3324-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and pro cedures for hearing before the Commissioner, and inserting in lieu thereof a new subsec tion (o) to read as follows:
"(o) An insured may file a written request for a hearing before request a review by the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing Such request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal. and siid.il DC jicctjiiipciiiicici oy SL tiling i^c txy DG prGSCiTi~D|ficr"Dy mift 01 tii^ \JGiiiiuissiQii&f.JL lie
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missioner within ten days of the date of the hearing. A review of the cancellation or nonrenewal shall be conducted within 30 days of said request. The Commissioner shall notiry the insured and the insurer of his or her decision within the 30 day period. During the pendency of such proceedings review, the policy shall continue in full force and effect

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JOURNAL OF THE SENATE

and the Commissioner may order the insured to leader tiimeJ coverage to the Commissioiiei1 to be held in escrow shall specify by rule or regula tion the method of payment of premium due and the disposition of premium refunds, if any. The Commissioner shall either order require that the policy be reinstated or renewed or may uphold the nonrenewal or cancellation, and shall order the disposition uf
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tllG j.IlSU.lncj' 113.S tiii^ci^^Cl 111 3. pSt/CGl'll Ol1 pl"3.CtiC6 01 iilljii'GpEil' pOiiCy ilOilJtT^il^W^3.i Ol* Cfl.ilCtii~
ictbioii proc^ctursS) to oittsr sucri rsniGQiss SIIQ psiis-ltiss 35 i\& QSGIUS 3.ppropn.i.ti^ SIIQ ss ai'e autliui ized by law. the Commissioner determines that an insurer's cancellation or nonrenewal action constitutes an unfair act or practice, the Commissioner may take ac tion as authorized by this title. Following the completion of any review provided by this subsection, an insured may request a hearing pursuant to Code Section 33-2-17, and nothing in this subsection shall be deemed to waive an insured's right to request such a hearing?"
SECTION 16.
Said title is further amended by striking in its entirety subsection (c) of Code Section 3324-47, relating to notice required of insurers for termination, increase in premium rates, or change restricting coverage, and inserting in its place a new subsection (c) to read as follows:
"(c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premiums and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termi nation date. No provision of this Code section shall be construed as requiring the insur ance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. An insurer shall not be subject to any other penalty for the failure to comply with the requirements of subsection (b) of this Code section unless the Commissioner finds, after a hearing, that such noncompliance by the insurer has oc curred with such frequency as to indicate a general business practice by the insurer of noncompliance with subsection (b) of this Code section. There shall be no liability on the part ol' and no cause of action of any nature shall arise against the Commissioner or the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer infor mation as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing infor mation pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith."
SECTION 17.
Said title is further amended by striking in its entirety Code Section 33-43-1, relating to definitions applicable to medicare supplement insurance, and inserting in lieu thereof a new Code Section 33-43-1 to read as follows:

MONDAY, MARCH 18, 1996

2141

"33-43-1.
As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy, the proposed certificate holder.
(2) 'Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy.
(3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the ins mm issuer.
(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care ser vice plans, health maintenance organizations, and any other entity delivering or issu ing for delivery in this state medicare supplement policies or certificates.
(5) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended.
(6) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 m Section 1800 of the federal Social Security Act (42 U.S.C. Section 1395, et seq.) or an issued policy under a demonstration project autliuiized pursuant lu amendments--tu Hie federal Social Security Act specified in 42 U.S.C. Section 1395ss(g)(l), which is advertised, marketed, or designed primarily as a supplement to reii'iibui'seiiieiiL reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare.
(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the insurer issuer."
SECTION 18.
Said title is further amended by striking in its entirety Code Section 33-43-2, relating to the applicability of said chapter, and inserting in lieu thereof a new Code Section 33-43-2 to read as follows:
"33-43-2.
(a) Except as otherwise specifically provided in Code Qettiem 33-40-4, this chapter shall apply to:
(1) All medicare supplement policies delivered or issued for delivery in this state on or after July 30, 1992 April 28, 1996; and
(2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state.
(b) This chapter shall not apply to a policy of one or more employers or labor organiza tions, or of the trustees of a fund established by one or more employers or labor organiza tions or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organizations.
(c) Except as provided under subsection (d) of Code Section 33-43-5, the The provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible per sons, which policies are not marketed or held to be medicare supplement policies or bene fit plans."

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SECTION 19.

Said title is further amended by striking in its entirety subsection (b) of Code Section 3343-3, relating to duplicate state benefits, policy standards, prohibited provisions, denial of claims, and preexisting conditions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other provision of this title Georgia law, a medicare supple ment policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or re ceived from a physician within six months before the effective date of coverage."

SECTION 20.

Said title is further amended by striking in its entirety subsection (d) of Code Section 3343-5, relating to insurer filing requirements, benefits, and loss ratio standards, and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) The Commissioner may prescribe by regulation for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages for all accident and sickness insurance policies sold to persons eligible for medicare, other than:
(1) Medicare supplement policies; or
(2) Disability income policies;.

\*j) JJclSlCj CcltclSLi'OplliC, tM* U1&JG1 ilitSuiCcLl tiXptilSci pOliCI^S, 01' (VA*\/ k^j:1.1.1.g/1it~; p..i.c..ii.iiu'u.n.-in.)--imiu-niu'imtJnimicmWaal-uiliiac pi-iui-iliiiicimcoc. "

SECTION 21.

This section and Sections 17, 18, 19, 20, and 22 of this Act shall become effective on April 28, 1996. All other sections of this Act shall become effective on July 1, 1996.

SECTION 22.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate adopt the Conference Committee report on HB 1404.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gochenour Griffin Harbison 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 Thompson Turner Tysinger Walker

MONDAY, MARCH 18, 1996

2143

Those voting in the negative were Senators:

Day Egan

Glanton Guhl

Those not voting were Senators:

Clay Henson

Langford Thomas

On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1404.
The following bill was taken up to consider House action thereto:

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.
Senator Gillis of the 20th moved that a second Conference Committee be appointed on HB 1647.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a second Committee of Conference, on the part of the Senate, the following: Senators Gillis of the 20th, Marable of the 52nd and Madden of the 47th.
The following resolution was taken up to consider the Conference Committee report thereto:

HR 876. By Representative Jenkins of the 110th:

A resolution compensating Ms. Sylvia A. Cone.

The Conference Committee report was as follows:

The Committee of Conference on HR 876 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HR 876 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

Isi Senator Eddie Madden 47th District

/s/ Representative Roy Barnes 33rd District

/s/ Senator Harold Ragan llth District

/s/ Representative J. Max Davis 60th District

/s/ Senator David Ralston 51st District

/s/ Representative Curtis Jenkins 110th District

Committee of Conference substitute to HR 876:

A RESOLUTION
Compensating Ms. Sylvia A. Cone; and for other purposes. WHEREAS, on August 26, 1995, Ms. Sylvia A. Cone, her husband, and friends were visit ing the Little White House Historic Site at Warm Springs, Georgia; and

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WHEREAS, as Ms. Cone entered the gate to the Little White House, she fell on a slippery walkway and fractured her left wrist; and
WHEREAS, she was treated at Meriwether Memorial Hospital and later by Dr. Frank Kelly, an orthopedic surgeon in Macon, Georgia; and
WHEREAS, Dr. Kelly classified her fracture as a severe injury, and Ms. Cone is still suffer ing pain from the injury and has restricted use of her left hand; and
WHEREAS, Ms. Cone has suffered personal injury, medical expenses, and lost wages total ing $6,000.00; and
WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Cone, and it is only fitting and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $6,000.00 as compensation as provided above. Said sum shall be paid from funds appropri ated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Senator Madden of the 47th moved that the Senate adopt the Conference Committee report on HR 876.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Dean Farrow Gillis Griffin Guhl

Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable Middleton Newbill Oliver

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

Those voting in the negative were Senators:

Balfour Cagle Day

Edge Gochenour Lamutt

McGuire Pollard Tysinger

Those not voting were Senators:

Blitch Broun of 46th

Egan Glanton

Langford

On the motion, the yeas were 42, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on HR 876.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

MONDAY, MARCH 18, 1996

2145

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.
The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Chambless of the 163rd and Parham of the 122nd.
The House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
SB 674. By Senators Abernathy of the 38th, Clay of the 37th and Edge of the 28th:
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 following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate amendment to HB 1486 by striking lines 1 through 3 and inserting the following:
"striking lines 1 through 5 on page 1 and inserting the following:
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain amounts payable for redemption; 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 sepa rate subclasses of tangible property for purposes of ad valorem taxation with one sub class including heavy-duty equipment motor vehicles; to define certain terms; to change the definition of a certain term; to change the method of evaluation of heavy-duty equip ment motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on certain heavy-duty equipment motor vehicles become due and payable; to change the provisions relating to ad valorem taxation of certain heavy-duty equipment motor vehicles owned and held by heavy-duty equipment motor vehicle dealers for retail sale; to provide for returns of taxation with respect to certain heavy-duty equipment mo tor vehicles purchased; to provide for the valuation of certain heavy-duty equipment mo tor vehicles and for the calculation of the ad valorem tax on certain heavy-duty equipment motor vehicles in the year in which such vehicles are purchased from a dealer; to provide for the collection of certain ad valorem taxes on heavy-duty equipment motor vehicles by dealers; to provide for penalties and interest; to provide for returning and remitting ad valorem taxes to the appropriate tax officials; to provide that dealers shall be liable for certain taxes; to provide for dealers who cease to operate as a business; to require heavy-duty equipment motor vehicle dealers to provide certain information to the tax commissioner of the county where the purchaser of such a motor vehicle is domiciled; to provide for rules and regulations; to provide for affidavits of illegality contesting the assessment of ad valorem tax against heavy-duty equipment motor vehicles; to provide for bonds; to provide for trials in superior court; to provide for appeals; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.'

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JOURNAL OF THE SENATE

By striking lines 8 through 10 on page 1 and inserting the following:
'Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-4-42,'.
By striking lines 22 through 24 on page 2 and inserting the following:
'SECTION 2.
Said title is further amended by striking in its entirety paragraph (4) of Code Section 48-5440. relating to definitions applicable to ad valorem taxation of motor vehicles and mobile homes, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment motor vehicles covered under Article 10A of this chapter which are not required to be registered and have a license plate and heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state."
SECTION 3.
Said title is further amended by striking in its entirety subsection (a) of Code Section 48-5441. relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem taxation purposes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purposes of ad valorem taxation, motor vehicles are classified as a separate and distinct class of tangible property. In addition and for the purposes of ad valorem taxation, motor vehicles shall be divided into two distinct and separate subclasses of tangible property with one subclass including heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehi cles. The procedures prescribed by this article for returning motor vehicles, excluding heavy-duty equipment motor vehicles defined in Code Section 48-5-505, for taxation, de termining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive."
SECTION 4.
Said title is further amended by adding between Articles 10 and 11 of Chapter 5, relating to ad valorem taxation of property, a new Article 10A to read as follows:
"ARTICLE 10A
48-5-505.
(a) As used in this article, the term:
(1) 'Dealer' means any person who is engaged in the business of selling heavy-duty equipment motor vehicles at retail and who holds a valid current dealer's resale tax exemption number.
(2) 'Heavy-duty equipment motor vehicle' means a motor vehicle with all its attach ments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed for construction, industrial, maritime, or mining uses, provided that such mo tor vehicles are not required to be registered and have a license plate.
(b) The provisions of Part 2 of Article 10 of this chapter shall apply to heavy-duty equip ment motor vehicles which are required to be registered and have a license plate. This article shall apply to all other heavy-duty equipment motor vehicles and dealers.
48-5-506.
(a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of

MONDAY, MARCH 18, 1996

2147

January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter.
(b)(l) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer.
(2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such heavy-duty equipment motor vehicle for ad valorem taxa tion purposes to the appropriate county and shall pay a tax for such taxable year equal to 25 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle based on the selling price to the end user times 40 percent, thus deriving the taxable assessment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. A penalty of 10 percent of the ad valorem tax due and interest at the rate provided for in Code Section 48-2-40 shall accrue at the expiration of 60 days after billing.
(3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equip ment motor vehicle purchased.
(4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes collected to the tax col lector of the county where the heavy-duty equipment motor vehicle was held in inven tory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the com missioner. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the busi ness, he or she shall make a final return and payment within 30 days after the date of selling or quitting the business. Any dealer who does not collect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax collector or tax commissioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected.
(c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehicles which are owned by a dealer are not included within the distinct classification of tangible property made by this article for all other heavy-duty equipment motor vehicles. The procedures prescribed in this article for returning heavy-duty equipment motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equip ment motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equip ment motor vehicles until they become subject to taxation as provided in subsections (a) and (b) of this Code section. No heavy-duty equipment motor vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax unless such heavy-duty equipment motor vehicle was in the dealer's inventory on the first day of January of the taxable year and continued to remain in such dealer's inventory on the thirty-first day of December of such taxable year. In any such case where a heavy-duty equipment motor vehicle re mains in a dealer's inventory throughout the year, the dealer shall be required to return

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the heavy-duty equipment motor vehicle for ad valorem taxes and pay the ad valorem tax on such vehicle for the taxable year ending on the thirty-first day of December. The assessed value of each heavy-duty equipment motor vehicle owned by a dealer shall be 40 percent of the fair market value of the heavy-duty equipment motor vehicle on January 1 of that year. The taxes levied under this subsection shall be due 60 days after the billing therefor. Penalties and interest for unpaid taxes as provided in this chapter shall accrue at the expiration of 60 days after the billing therefor.
(d) Within 30 days of the last day of a month during which there is a sale of any heavyduty equipment motor vehicle other than for resale, the dealer shall mail to the tax com missioner of the county where the purchaser is domiciled a statement upon forms pre scribed, prepared, and furnished by the commissioner notifying the local tax commissioner of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. The local county tax commis sioner would then be authorized to place the heavy-duty equipment motor vehicle on the tax digest of the county and invoice the purchaser for the applicable ad valorem tax for the current year as provided for in this Code section.
48-5-507.
Any taxpayer who contests the assessment of an ad valorem tax against a heavy-duty equipment motor vehicle as defined in this article may file with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in this state or, in lieu of such bond, a bond approved by the clerk of the superior court of the county or a cash bond. The bond shall be made payable to the tax collector or tax commissioner and shall be conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and the bond shall be transferred immediately by the tax collector or tax commissioner to the superior court, shall be filed in the superior court, and shall be tried as affidavits of illegality are tried in tax cases. Any taxpayer who contests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may ap peal such assessed value as provided for in Code Section 48-5-311, insofar as applicable.
48-5-508.
The commissioner shall be authorized to promulgate rules and regulations to facilitate and ensure compliance with the provisions of this article."
SECTION 5.
Sections 2 through 4 of this Act shall become effective January 1, 1997. The remaining provisions of this Act shall become effective July 1, 1996.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.'
By adding on line 7 of page 2 after the word and symbol 'deed', and before the word 'plus' the following:
'plus any special assessments on the property,'".
Senator Thompson of the 33rd moved that the Senate disagree to the House amend ment to the Senate amendment to HB 1486.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to the Senate amendment to HB 1486.
The following bill was taken up to consider House action thereto:
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

MONDAY, MARCH 18, 1996

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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.

Senator Harbison of the 15th moved that the Senate recede from its amendment to HB 1736.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill
Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Turner Tysinger

Those not voting were Senators:

Blitch Farrow Hill Langford

Oliver Ray Slotin Taylor

Thomas Thompson Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1736.
The following resolution was taken up to consider the Conference Committee report thereto:

HR 884. By Representative Davis of the 60th:

A resolution compensating Ms. Margaret C. Ritchie.

The Conference Committee report was as follows:

COMMITTEE OF CONFERENCE REPORT ON HR 884

The Committee of Conference on HR 884 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 884 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

Isi Senator Eddie Madden 47th District

Isi Representative Roy Barnes 33rd District

Isi Senator Harold Ragan llth District

/s/ Representative J. Max Davis 60th District

/s/ Senator David Ralston 51st District

/s/ Representative Curtis S. Jenkins 110th District

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Committee of Conference substitute to HR 884:

A RESOLUTION

Compensating Ms. Margaret C. Ritchie; and for other purposes.

WHEREAS, on March 11, 1988, Ms. Margaret Ritchie, her daughter, and grandchildren were visiting High Falls State Park in Monroe County, Georgia; and

WHEREAS, although Ms. Ritchie grabbed the railing, it was too loose to provide any sup port, and she fell backwards hitting her head on a large rock at the bottom of the stairs; and

WHEREAS, although Ms. Ritchie grabbed the railing, it was too loose to provide any sup port, and she fell backwards hitting her head on a large rock at the bottom of the stairs; and

WHEREAS, Ms. Ritchie has received treatment numerous times at the VA Medical Center in Decatur, Georgia, and continues to suffer headaches and chronic maxillary sinusitis which she attributes to the accident; and
WHEREAS, Ms. Ritchie has suffered personal injury, pain and suffering, and medical ex penses totaling $4,000.00; and

WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Ritchie, and it is only fitting and proper that she be compensated for her loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $4,000.00 as compensation as provided above. Said sum shall be paid from funds appropri ated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Senator Madden of the 47th moved that the Senate adopt the Conference Committee report on HR 884.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Perdue Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Turner

Those voting in the negative were Senators:

Balfour Burton Cheeks

Johnson of 1st Lamutt

Pollard Tysinger

Those not voting were Senators:

Bowen Edge Hill

Oliver Starr

Thompson Walker

MONDAY, MARCH 18, 1996

2151

On the motion, the yeas were 42, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HR 884.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on SB 678 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 678 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Sonny Perdue 18th District

/s/ Representative Burke Day 153rd District

/s/ Senator Nathan Dean 31st District

/s/ Representative Ralph Twiggs 8th District

/s/ Senator Richard D. Marable 52nd District

/s/ Representative Curtis Jenkins 110th District

Committee on Conference substitute to SB 678:

A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to 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 will be recognized accord ing to the terms thereof but only while a licenseholder is not a resident of Georgia; to pro vide that such licenses may be issued to members of the armed forces residing in this state; to change the time period relating to background checks relative to the Brady law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Sec tion 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

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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; and
(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 fae 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 holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
(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 Umspoi-tatioii of any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from trans porting 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; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle."
(e) On and after October 1,1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 2.
Said article 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) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 3.
Said article is further amended by striking in its entirety subsection (a) of Code Section 1611-129, relating to licenses to carry pistols or revolvers, and inserting in lieu thereof the following:
"(a) Application for license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to any person who is a resident of whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary laf this state but who either resides in that county or on a military reservation located in

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2153

whole or in part in that county at the time of such application, which license shall authorize that person to carry any pistol or revolver in any county of this state notwith standing any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license to the judge of the probate court on forms pre scribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his or her eligibil ity under this Code section but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registra tion of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost."
SECTION 4.
Said article is further amended by striking in its entirety paragraph (3) of subsection (c) of said Code section and inserting in lieu thereof the following:
"(3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant is domiciled or, if the applicant is a member of the United States armed forces, the county in which he or sHe resides or in which the military reservation on which the applicant resides is lo cated in whole or in part at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms."
SECTION 5.
Said article is further amended by striking in its entirety subsection (f) of said Code section and inserting in lieu thereof the following:
"(f) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3V4 inches long, and 2'A inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, actual residence residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued; and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127."
SECTION 6.
Said article is further amended by striking in its entirety subsection (a) of Code Section 1611-174, relating to electronic delays in Brady records checks, and inserting in lieu thereof the following:
"(a) In the event of electronic failure, scheduled computer downtime, or similar emer gency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay, if
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latei than the end of the day the request is made by Hie licensee, eithei iafuim the le-

receipt or possession of a handgun under state or fedeial law or provide the licensee a unique transaction number: After such notification, the center shall, as soon as possible but in no event later than noon of the next business day after the day the request is made, inform the licensee if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law or if a requested purchase of transfer is authorized. Unless notified by the close of business the morning of the next day after the request is made that the potential buyer or transferee is so prohibited, and without legaid to whether lie ui she lias received a unique transaction number, the licen see may complete the transaction and shall not be deemed in violation of this part."

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed. Senator Perdue of the 18th moved that the Senate adopt the Conference Committee
report on SB 678.
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 Bo shears Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Edge Farrow

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

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

Those voting in the negative were Senators:

Brown of 26th Egan

Harbison Johnson of 2nd

Scott

Those not voting were Senators:

Clay Hill Langford

Oliver Slotin

Thompson Walker

On the motion, the yeas were 44, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on SB 678.
The following bill was taken up to consider the Conference Committee report thereto:

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.

MONDAY, MARCH 18, 1996

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The Conference Committee report was as follows:

The Committee of Conference on HB 1555 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1555 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Mike Egan 40th District

/s/ Representative Tommy Chambless 163rd District

/s/ Senator Richard Marable 52nd District

/s/ Representative McCracken Poston 3rd District

/s/ Senator Skin Edge 28th District

/s/ Representative Mack Crawford 129th District

Committee of Conference substitute to HB 1555:

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 Schedule IV controlled substances; to change penalties for manufacture, delivery, distribution, dispensing, ad ministering, selling, or possessing with intent to distribute certain controlled substances; to provide for the effect of Code Section 17-10-7; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding between paragraph (2.1) and (2.2) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:
"(2.15) Butorphanol;".
SECTION 1.1.
Said chapter is further amended by striking subsection (d) of Code Section 16-13-30, relat ing to purchase and possession of controlled substances, and inserting in its place the following:
"(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or a uaiuutlc drug in Sched ule II shall be guilty of a felony and, upon conviction thereof, shall be punished by impris onment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section"!?^ TO~-7 shall not apply to a sentence imposed for a second such offense; provided, however, th"at the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense."
SECTION 2.
Said Code section is further amended by striking in its entirety subsection (f), which reads as follows:
"(f) Any person who violates subsection (b) of this Code section with respect to a con trolled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony

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and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years.",
and inserting in lieu thereof the following:
"(f) Reserved."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HB 1555.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Broun of 46th Brown of 26th Burton Crotts Dean Edge Egan Farrow Gillis Griffin

Guhl Harbison Henson Hooks Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable Middleton Perdue

Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Turner Tysinger

Those voting in the negative were Senators:

Balfour Black Cagle Cheeks Day

Glanton Gochenour Lamutt Land

McGuire Newbill Pollard Starr

Those not voting were Senators:

Abernathy Bowen Clay

Hill James Oliver

Thompson Walker

On the motion, the yeas were 35, nays 13; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1555.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund

MONDAY, MARCH 18, 1996

2157

for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to provide a short title; to define certain terms; to provide for the membership of the Technology Related Assistance Trust Fund for Indi viduals with Disabilities Commission and its powers, duties, and compensation; to require the Department of Human Resources to develop criteria for such funds; to authorize appro priations and acceptance of federal funds and donations; to provide for administration of the Technology Related Assistance Trust Fund for Individuals with Disabilities by the di rector of the Office of Treasury and Fiscal Services; to provide for the investment, disburse ment, and priority of use of trust fund money; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new Chapter 9 to read as follows:
"CHAPTER 9
ARTICLE 1
30-9-1.
This chapter shall be known and may be cited as the 'Technology Related Assistance for Individuals with Disabilities Act.'
30-9-2.
Individuals with disabilities comprise a. significant and increasing percentage of Georgia's population. The General Assembly finds and declares that action is necessary to assist these individuals in their homes, schools, employment, and communities to be come more independent and productive citizens of the state. Many of these individuals require technology related devices and technology related services in order to perform functions, such as caring for themselves, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning, in order to have the ability to participate in society and the work force. The General Assembly finds that the majority of these indi viduals incurred permanent disabilities as a result of accidental injuries and crime re lated incidents. In order to meet present and increasing needs of Georgians for technology related devices and technology related services, it is necessary for the state to provide funds that neither supplant nor replace existing state or federal funds for the Technology Related Trust Fund for Individuals with Disabilities.
30-9-3.
As used in this chapter, the term:
(1) 'Commission' means the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission created in Code Section 30-9-4.
(2) 'Individual with disability' means any individual of any age who, for the purposes of Georgia or federal law, is considered to have a disability, including victims of crimes, injuries, and chronic health conditions, whether congenital or acquired; and who is or would be enabled by technology related devices or technology related services to main tain or improve his or her ability to function in society and the workplace.
(3) 'Qualifying borrower' means any individual, nonprofit corporation, or partnership which demonstrates that the loan will assist one or more persons with disabilities to improve their independence or become more productive members of the community. The individual must demonstrate credit worthiness and repayment abilities to the sat isfaction of the commission.

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(4) Technology related assistance" means either the provision of technology related de vices or technology related services to improve the independence, quality of life, or productive involvement in the community of individuals with disabilities.
(5) 'Technology related device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
(6) Technology related service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of a technology related device, including:
(A) The evaluation of the needs of an individual with a disability, including a func tional evaluation in the individual's customary environment;
(B) Purchasing, leasing, or otherwise providing for the acquisition of technology re lated devices by individuals with disabilities;
(C) Selecting, designing, fitting, customizing, adapting, applying, maintaining, re pairing, or replacing technology related devices;
(D) Coordinating and using other therapies, interventions, or services with technol ogy related devices, such as those associated with existing education and rehabilita tion plans and programs; and
(E) Training or technical assistance for an individual or the family of an individual with disabilities; for professionals, including individuals providing education and re habilitation services; employers; or other individuals who provide services to, em ploy, or are otherwise substantially involved with individuals with disabilities.
(7) Trust fund" means the Technology Related Assistance Trust Fund for Individuals with Disabilities established in Code Section 30-9-20. 30-9-4.
(a) There is established the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3.
(b) The commission shall consist of nine members appointed by the Governor. Members shall be appointed for terms of four years, their initial appointments, however, being three for four-year terms, three for three-year terms, and three for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law. As a group, the citizen members shall demonstrate knowledge in the area of tech nology related assistance as users or providers of rehabilitative services to the extent practicable. The members shall be composed of the following groups:
(1) The commissioner of the Department of Human Resources or a designee;
(2) The state auditor or a designee;
(3) A certified public accountant;
(4) An experienced consumer lender; and
(5) Five citizens representing persons with a range of disabilities.
(c) In the event a commission member is unable to attend 25 percent of the scheduled meetings in a 12 month period, the commission may elect to remove that member after written notification to that member and the Governor.
(d) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(e) The initial terms for all members shall begin July 1, 1997.
(f) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership.

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(g) The Governor shall designate a chairperson of the commission from among the mem bers, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
(h) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. The compensation of such personnel shall be paid from moneys in the trust fund. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2. The commission shall utilize existing state resources and staff of participating departments whenever practicable. Personnel expenses and other costs authorized in this subsection shall be paid from moneys in the trust fund.
30-9-5.
Members of the commission shall receive as compensation that which is appropriate for members of the General Assembly per meeting for each day such member of the commis sion is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allow ance for use of a personal car in connection with such attendance as members of the General Assembly receive. Members with disabilities shall be compensated for costs as sociated with personal assistance, interpreters, and disability related accommodations for the purpose of conducting the business of the commission. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund.
30-9-6.
(a) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;
(4) Promulgate rules in accordance with the Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act,' to carry out the purposes of this chapter, which will en sure that individuals, profit and nonprofit corporations, and partnerships will be eligible for loans;
(5) Administer and disburse funds to support purposes established by this chapter and contract with state or community based groups dealing with individuals with disabili ties to assist in administering programs established by this chapter;
(6) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and
(7) Conform to the standards and requirements prescribed by the state auditor pursu ant to Chapter 6 of Title 50.
(b) The commission shall be able to enter into loan agreements with any qualifying bor rower, who must demonstrate that:
(1) The loan will assist one or more individuals with disabilities in improving their independence or in becoming more productive members of the community; and
(2) The applicant has the ability to repay the loan.
Any necessary loan limitation shall be determined by the commission. All loans must be repaid within such terms and at such interest rates as the commission may determine to be appropriate in accordance with guidelines established by rules made pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(c) The commission may award loans to qualifying borrowers for purposes including, but not limited to, the following:

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(1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology related devices; and
(2) To assist one or more individuals with disabilities to become more independent members of the community and improve their quality of life within the community through the purchase of technology related devices.
30-9-7.

The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organi zations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the pur poses for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treas ury and Fiscal Services for deposit in the trust fund to be disbursed as other moneys in such trust fund.
30-9-8.

The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commis sion criteria for determining disbursements from the trust fund.

30-9-20.

ARTICLE 2

The Technology Related Assistance Trust Fund for Individuals with Disabilities is cre ated as a separate fund in the state treasury. The trust fund shall be expended only as provided in this chapter.
30-9-21.

The General Assembly is authorized to appropriate state moneys for the trust fund. The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts paid, appropriated, or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been com mitted to the purpose for which they have been appropriated or paid and shall not lapse.
30-9-22.

The director of the Office of Treasury and Fiscal Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Deposi tory Board pursuant to Article 3 of Chapter 17 of Title 50.

After determining that a disbursement should be made and after approval of such dis bursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services, which shall be au thorized to draw a warrant or warrants upon the trust fund to pay the amount of the disbursement from such trust fund. 30-9-24.
The moneys collected in the trust fund shall be used in the following order, but not lim ited to such order, of priority to:
(1) Implement a revolving loan program for technology related devices;
(2) Provide technology related devices to individuals with severe disabilities who meet economic criteria established by the commission;
(3) Provide support for technology related assistance;
(4) Provide technology related compensation to crime victims without resources for technology related assistance;

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(5) Provide technology related and disability prevention education and research;
(6) Disseminate public information; (7) Conduct program evaluation and needs assessment;
(8) Operate the commission; and (9) Conduct research and demonstration projects."
SECTION 2.
The purpose of this Act is to implement the proposed amendment to the Constitution au thorizing the creation of the Technology Related Assistance Trust Fund for Individuals with Disabilities. The provisions of this Act shall become effective only upon the ratifica tion of such amendment by the qualified electors of this state at the 1996 general election. If such amendment is not ratified, this Act shall be automatically repealed January 1, 1997.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate agree to the House substitute to SB 510.
The President ruled that the House substitute was not germane.
Senator Ragan of the llth moved that the Senate disagree to the House substitute to SB 510.
On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 510.
The following bill was taken up to consider House action thereto:

HB 1902. By Representative Greene of the 158th:

A bill to create the Board of Commissioners of Stewart County.

Senator Taylor of the 12th moved that the Senate recede from its substitute to HB 1902.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Clay

Hill

Edge

Langford

Oliver

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1902.
The following bill was taken up to consider House action thereto:

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.
Senator Pollard of the 24th moved that the Senate adhere to its substitute to HB 1256 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed and the President ap pointed as a Committee of Conference, on the part of the Senate, the following: Senators Pollard of the 24th, Ray of the 19th and Ralston of the 51st.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, to the House amendment, to the following bill of the Senate:

SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and others:
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 House has agreed to the Senate amendment, to the House amendment, (Shaw House amendment) to the following bill of the Senate:

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

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.

MONDAY, MARCH 18, 1996

2163

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

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 following bill was taken up to consider House action thereto:

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.

Senator Abernathy of the 38th moved that the Senate recede from its amendment to the House substitute to SB 674.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Boshears Clay Edge Hill

Kemp Langford Middleton

Oliver Pollard Ray

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from its amendment to the House substitute to SB 674.

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JOURNAL OF THE SENATE

Senator Thomas of the 10th moved that the following bill, having been placed on the Table March 15, be taken from the Table:

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.
Senate Sponsor: Senator Thomas of the 10th.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1368 was taken from the table.

Pursuant to Senate Rule 111, HB 1368, having been taken from the table, was put upon its passage.
Senators Harbison of the 15th, Blitch of the 7th, and Thomas of the 10th offered the following amendment:

Amend HB 1368 by inserting at the end of line 16 on page 1 the following:
"provide that money in an expense account at the end of the first year of the biennium may be used during the second year of the biennium; to"
By striking line 10 on page 5 and inserting in lieu thereof the following:
"after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. any amounts remaining".
By inserting on line 12 on page 5, following the number "15", the following:
"of the year following the second year of the biennium".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch
Boshears Bowen Broun of 46th
Brown of 26th Cagle Dean Edge Farrow

Gillis Griffin Harbison
Hooks James Johnson of 2nd
Johnson of 1st Kemp Lamutt Marable Middleton

Pollard Ragan Ralston
Ray Scott Stokes
Taylor Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Burton
Cheeks Clay
Crotts Day

Egan Glanton
Gochenour Guhl
Henson Land

Madden McGuire
Newbill Perdue
Starr Tanksley

MONDAY, MARCH 18, 1996

2165

Those not voting were Senators:

Hill Langford

Oliver Slotin

Thompson

On the passage of the bill, the yeas were 33, nays 18. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 560 by adding on line 4 of page 1 between the word "the" and the word "influ ence" the following:
"intentional".
By adding on line 22 of page 1 between the word "the" and the word "influence" the following:
"intentional".
Senator Starr of the 44th moved that the Senate agree to the House amendment to SB 560.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Clay

Oliver

Hill

Ralston

Slotin

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 560.

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JOURNAL OF THE SENATE

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 1420 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1420 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Mary Margaret Oliver 42nd District

/s/ Representative George H. Grindley 35th District

/s/ Senator Steven B. Farrow 54th District

/s/ Representative Robert Snelling 99th District

/s/ Senator Clay Land 16th District

/s/ Representative Jimmy Skipper 137th District

Committee of Conference substitute to HB 1420:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that when a death certificate is recorded, the accompanying birth certificate shall be stamped deceased; to change the provisions relating to purging voter registration lists of names of deceased persons; to change the provisions relating to health care date reporting, analysis, and dissemination; 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 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (f) of Code Section 31-10-15, relating to death certificates, and inserting in lieu thereof the following:
"(f) When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be for warded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of his such office. Not later than August 1 of each yeai, the custodian of records of the county shall fuiuibli to the voter registration
uliiCGl OI tiT.^ CGVLu-ty Si list OT stlOSG pci'SGilS 101* WtlGIH (163.111 CirtiIlC3.ttiS 113.V6 D661T tll^Q
uu.i'iii LiiG prtic&Qiri^ \.Zi mont/fi period siiuni^ uii t>ii6 triii'tistri d<iy 01 Jutis. ou.cn list sii3.li 06 iiStid oy tiiti locfl.1 rs^isti'S-tioti otiicGr xor tiiti pui'^josc 01 pur^ni^ tiis list or "tiiS" coiiiity.
(g) By the twentieth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's otRce, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purg ing the voter registration list of each county."

MONDAY, MARCH 18, 1996

2167

SECTION 2.

Said chapter is further amended by striking Code Section 31-10-30, relating to posting facts of death to birth certificates, and inserting in lieu thereof a new Code section to read as follows:
"31-10-30.
(a) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state regis trar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked.
(b) When a death occurs in this state for which a death certificate must be filed in accord ance with Code Section 31-10-15, and the decedent's birth certificate is on rile at the state office of vital records, the state registrar shall mark that deceased person's birth certifi cate with the word 'Deceased.' The state registrar shall notify the custodian of vital records of the county where the decedent was born that the deceased individual's birth certificate has been marked 'Deceased.'"

SECTION 2.1.

Code Section 31-7-280, relating to health care provider reports, is amended by striking paragraph (14) of subsection (c) thereof and inserting in its place the following:
"(14) Data available on a cuireutly recognized uniform billing statement or substantially similar form generally used by health care providers which reflect, but are not limited to, the following infuniiatlun type of data obtained during a two-munth 12 month period during each reporting year period: unique longitudinal nonidentifying patient code, the patient's age birth date, sex, race, geopolitical subdivision code, ZIP Code, county of resi dence, type of bill, beginning and ending service dates, payer-huuires, date of admission, discharge date, disposition of the patient, medical or health record number, principal and secondary diagnoses, primary diagnoses, principal and secondary procedures and proce dure dates, externaTcause of injury codes, diagnostic related group number (DRG), DRG procedure coding used, revenue codes, total charges and summary of charges by depart ment; revenue code, payor or plan identification, or both, place of service code such as the miifuiiu pli^hiciau ideiitilicatiuii number; uniform hospital identification number and hospital name, attending physician and other ordering, referring, or performing physi cian identification number, and data by payer categuiy specialty code."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate adopt the Conference Committee report on HB 1420.
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

Clay Crotts Day Dean Edge Farrow Gillis Gochenour Griffin Guhl

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

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JOURNAL OF THE SENATE

McGuire Middleton Newbill Perdue Pollard Ragan

Ralston Ray Scott Starr Stokes Tanksley

Taylor Thomas Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Cheeks Egan Harbison

Henson Langford Oliver

Slotin Thompson

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1420.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 1222 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1222 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Perry McGuire 30th District

/s/ Representative John Simpson 101st District

/s/ Senator Steve Henson 55th District

/s/ Representative Tracy Stallings 100th District

/s/ Senator Arthur Edge 28th District

/s/ Representative Donna Brooks 103rd District

Committee of Conference substitute to HB 1222:

A BILL
To be entitled an Act to amend Chapter 12 of Title 3 of the Official Code of Georgia Anno tated, relating to residential community development districts, so as to change the defini tion of residential community development district; to change provisions relating to the filing of the articles of establishment of a district; to change provisions relating to the hold ing of a referendum; 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 a short title; to provide for definitions; to provide for specific requirements for the creation of community improvement districts; to provide for the establishment and membership of an administrative body for a community improvement district; to confer upon such admin istrative body certain powers and duties, including the power to levy taxes, fees, and as sessments upon lands included within such community improvement district in order to

MONDAY, MARCH 18, 1996

2169

provide for the acquisition, construction, installation, and equipping of systems and facili ties and provision of services by such district, including expenses of operation and mainte nance and payment of amounts due with respect to any of such district's outstanding bonds or other obligations; to provide for budgets; to authorize the issuance of general obligation bonds by a community improvement district secured by and payable from the full faith, credit, and taxing power of such community improvement district; to authorize the issu ance of revenue bonds secured by and payable from fees, charges, or other revenues derived by such community improvement district from specific systems or facilities of such district; to authorize the issuance of assessment bonds secured by and payable from benefit assess ments levied by a district; to provide that any bonds, revenue bonds, or other obligations issued by a community improvement district shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the community improvement district; to provide that any bonds or other obligations of a community im provement district shall be legal investments and that any such bonds or other obligations, their transfer, and the income therefrom shall at all times be free from taxation of every kind by the State of Georgia and by political subdivisions of the State of Georgia; to provide for practices, procedures, and requirements related to community service districts and the operation and abolition thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 3 of the Official Code of Georgia Annotated, relating to residential com munity development districts, is amended by striking paragraph (3) of Code Section 3-12-1, relating to the definition of residential community development district, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Has at least 200 residential sites, owned by individual owners who actually reside within the residential district, which are platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision;".
SECTION 2.
Said chapter is further amended by striking Code Section 3-12-2, relating to the establish ment of residential community development districts, and inserting in lieu thereof the following:
"3-12-2.
(a) The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a community development district with the clerk of the superior court of the county governing authority in which the district is to be located or, if located in more than one county, of each of tHe counties in which the district is located.
(b) The articles of establishment of a residential community development district shall contain the following:
(1) The written consent lu the establishment uf the district by the owner or owners of
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atiatiug Lllelt tile p^titiOlici lid& CGiiti'Gl 01 oU fjcii^iit 01 Llic iccil pi'Opci Lj' Lu Oc iiiClUQt^u
ill the dlhtiicl by deed, trust agreement, contract, or option on a single document of two-thirds of the property owners who actually reside within the borders of the pro posed residential community development district. Each property owner signing such document shall indicate whether he or she is a landowner within the district and shall print or type thereon his or her name, address, and date of signature;
(2) A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district;

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JOURNAL OF THE SENATE

(3) A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, to gether with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county;
(4) The proposed name of the district and the location and the mailing address of the principal office of the district; and
(5) A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected mem bers; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the petition.
(c) The articles of establishment and two copies thereof shall be delivered to the clerk of the supuiiui coml county governing authority who shall, upon the payment of the fees prescribed in this Code section:
(1) Endorse on the articles and on each of such copies the word Tiled' and the hour, day, month, and year of the filing thereof;
(2) File the articles in his or her office and certify the two copies thereof; and
(3) Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district.
(d) Upon the filing of the articles of establishment of the community development district with the clerk of the superior court county governing authority, the district's existence shall begin.
(e) In lieu of all other charges and fees, the clerk of the hupeiiur court county governing authority shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establishment not to exceed $100.00 fui Hie cumity and $30.00 for the
Clsrit 01 tilS S U^ptil'iGI* COU.it.
SECTION 3.
Said chapter is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 3-12-3, relating to licenses for the sale of alcoholic beverages within residential community development districts, and inserting in its place the following:
"(2) No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the quali fied electors of the voting precinct wherein the residential community development dis trict is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect. A change in the precinct boundaries wherein a district is located effected after an ordinance or resolution is approved shall not affect the continued validity and effectiveness of such ordinance or resolution?
(3) The county governing authority shall establish the date of the election, which shall coincide with the date of the next general or primary election, and which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

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'( ) YES Shall the issuance of licenses to sell distilled spii its alcoholic beverages by the ( ) NO drink to certain residential community development districts be approved?
Those persons desiring to vote in favor of issuance of the licenses shall vote Yes' and those persons opposed to issuance of the licenses shall vote 'No.' If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately follow ing the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The Any additional expense of any such elections shall be borne by the cuimly whemiu the election was held applicant."
SECTION 4.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 88 to read as follows:
"CHAPTER 88
36-88-1.
This chapter shall be known and may be cited as the 'Community Improvement District Act.' 36-88-2.
As used in this chapter, the term:
(1) 'Assessment bonds' means special obligations of a district which are payable from proceeds of benefit assessments levied by a district under this chapter.
(2) 'Assessments' means any benefit assessments and maintenance assessments levied by a district under this chapter.
(3) 'Benefit assessments' means any assessments specifically relating to any project or projects, or any portion thereof, undertaken by the district, which may be levied, col lected by the district, and pledged to the payment of assessment bonds issued by the district, all as provided in this chapter.
(4) 'Board' or 'board of supervisors' means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this chapter have been given by law.
(5) 'Bond' includes any general obligation bond, assessment bond, revenue bond, or bond anticipation note as provided for in this chapter, as the case may be.
(6) 'Community improvement district' or 'district' means an independent unit of gov ernment and a political subdivision of this state which is created pursuant to, and the power and authority of which is limited to, that specifically contained in Article IX, Section VII of the Constitution of the State of Georgia and this chapter.
(7) 'Cost,' when used with reference to any project, includes, but is not limited to:
(A) All costs incurred for the acquisition, construction, reconstruction, improvement, installation, and equipping of any project, including, but not limited to, (i) expenses of determining the feasibility or practicability of acquisition, construction, recon struction, or improvement; (ii) the cost of surveys, estimates, plans, and specifica tions; (iii) engineering, fiscal, and legal expenses and charges; (iv) the cost of all labor, materials, machinery, and equipment; (v) the cost of all lands, properties, rights, easements, and franchises acquired; (vi) payments, contributions, dedica tions, and any other exactions required as a condition to receive any government

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approval or permit necessary for any project; (vii) reasonable administrative and start-up costs associated with such project; and (viii) such other expenses as may be necessary or incidental to the acquisition, construction, reconstruction, installation, or equipping of any project;
(B) Financing and interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition of any project and for such reasonable period of time after completion of construction or acquisition as the dis trict may determine;
(C) Costs of issuing bonds pursuant to this chapter, including, but not limited to, advertising and printing costs, legal and professional fees, and any underwriter's and original issue discount on the initial sale or exchange of bonds;
(D) Costs of bond insurance or other credit enhancement or liquidity support, or both, for bonds issued under this chapter; and
(E) The funding of initial reserve and debt service funds.
(8) 'District manager' means the manager of the district selected and employed by the board of such district as set forth in subsection (a) of Code Section 36-88-5.
(9) 'General obligation bond law' means and includes all terms and provisions of Arti cles 1 and 2 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
(10) 'General obligation bonds' means bonds which are secured by, or provide for their payment from, the full faith, credit, and taxing power of the district.
(11) 'Governmental body' means the elected or duly appointed officials constituting the governing body of any county or municipality.
(12) 'Landowner' means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this chapter.
(13) 'Maintenance assessments' means any assessments levied and collected by a dis trict specifically for the maintenance of any of the projects or facilities of such district, all as provided in this chapter.
(14) 'Person' means any natural person, firm, partnership, association, corporation, or other entity.
(15) 'Project' means the acquisition, construction, reconstruction, rehabilitation, im provement, installation, and equipping of any of the following:
(A) Streets and roads, including curbs, sidewalks, streetlights, and devices to control the flow of traffic on street and roads;
(B) Parks and recreational areas and facilities;
(C) Storm-water and sewage collection and disposal systems;
(D) Facilities for the development, storage, treatment, purification, and distribution of water;
(E) Public transportation facilities;
(F) Terminal and dock facilities and parking facilities; and
(G) Such other facilities as may be provided for by general law.
(16) 'Qualified elector' means any person at least 18 years of age who is a citizen of the United States, a legal resident of this state and of the applicable district, and regis tered to vote within the county in which such district is located.
(17) 'Revenue bonds' means obligations of a district which are secured by and payable from revenues derived from specific facilities and services provided by such district,

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and which are not secured by or payable from the general faith, credit, and taxing power of such district.
(18) 'Revenue Bond Law' means all terms and provisions of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as heretofore or hereafter amended.
(19) 'State' means the State of Georgia.
(20) "Value" for purposes of consent by landowners to the creation of a community im provement district, means assessed value as determined by the most recent approved county ad valorem tax digest.
36-88-3.
(a) No community improvement district shall be created unless:
(1) Written consent to the creation of such community improvement district is provided by:
(A) At least a majority of the owners of real property within the community improve ment district which will be subject to taxes, fees, and assessments levied by the board of supervisors of such community improvement district; and
(B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of supervisors of the community improvement district; and
(2) The governing bodies of the county and of each municipality within which all or a portion of the proposed district is to be located shall consent, by resolution, to the crea tion of the proposed district.
(b) Except as otherwise provided in subsection (c) of Code Section 36-88-8, consents to be obtained from landowners within the proposed district shall be in the form of an affida vit, obtained prior to the submission of a petition for the creation of such district to the governing bodies of the county and any municipality within which the proposed district is to be created as provided in subsection (c) of this Code section, to the effect that:
(1) Such landowner is the owner of record of property to be included within such dis trict, which property shall be reasonably identified in such affidavit or in an attach ment thereto;
(2) Such landowner understands that the board of supervisors of the proposed district may be authorized by the terms of this chapter to levy taxes, fees, and assessments upon such property; and
(3) Such landowner consents to the creation of the proposed district. Such affidavit shall be duly executed by the landowner and notarized. Once obtained, such consent shall thereafter be effective and, subject to the provisions of this chapter, shall be bind ing upon any successors or assigns of the landowner or landowners providing such consent.
(c) In order to obtain the consent of the governing bodies of the county and any munici pality within which all or a portion of the proposed community improvement district is to be located, the person seeking the creation of such community improvement district shall file with the governing bodies of such county and any such municipality a petition for the establishment of a community improvement district containing the following information:
(1) A metes and bounds description of the external boundaries of the district, together with a list of the names and last known addresses of all landowners of real property to be included, in whole or in part, within the district, including a means of identifying the parcel or parcels of real property of each such landowner proposed to be included within such district;

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(2) The proposed name of the district;
(3) A map of the proposed district showing current major trunk water mains nd sewer interceptors and outfalls if in existence;
(4) Based upon available data, the proposed timetable for construction of any project or other facilities and services to be provided by the district and the estimated cost of constructing the proposed project or projects, facilities, and services, which estimates shall be submitted in good faith but shall not be binding and may be subject to change;
(5) A designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the district; and
(6) Evidence that the consents required to be obtained by the terms of this chapter from the landowners whose property is to be included, in whole or in part, within the district have been obtained.
(d) Within 45 days of the submission of such petition in final form, or such later date as may be requested by the petitioner and agreed to by the governing bodies of the county and any municipality to which such petition was submitted, such governing bodies shall conduct a joint public hearing relating to the creation of the proposed community im provement district. The governing bodies conducting such hearing shall consider oral and written comments on the petition pertinent to the factors specified in subsection (e) of this Code section. The hearing shall be held in the county in which the community improvement district is to be located, at a location which is reasonably accessible by resi dents of the proposed community improvement district, the county, and any municipality within which all or a portion of the district is to be located. The petitioner shall cause a notice of the hearing to be published in a newspaper or newspapers of general circulation in the county and any municipality in which such district or portion thereof is to be located, at least once a week for the four successive weeks immediately prior to the hear ing. Such notice shall give the time and place for the hearing, state the purpose of the hearing, and provide a description of the area to be included in the district.
(e) The governing bodies of the county and any municipality within which all or a portion of the proposed district is to be located must consent by resolution to the creation of such proposed district. In making such determination, such governing bodies shall consider the entire record of the public hearing, the transcript of the hearing, and the following factors:
(1) Whether all statements contained within the petition have been found to be true and correct;
(2) Whether the creation of the district is inconsistent with any applicable element or portion of any comprehensive plan adopted by such county or municipality pursuant to the laws of this state;
(3) Whether the area of land within the proposed district is of sufficient size, is suffi ciently compact, and is sufficiently contiguous to be developable as one functionally interrelated community;
(4) Whether the district is the best alternative available for delivering community im provement services and facilities to the area that will be served by the district; and
(5) Whether the community improvement services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community im provement services and facilities.
(f) The resolutions adopted by the county and any municipality consenting to the creation of a community improvement district shall contain a metes and bounds description of the property to be included within the district, a list of the owners of record of such property, site maps of such property as currently developed or configured, and any other informa tion identifying the property included within such district. In addition, such resolutions shall provide for the appointment of two members of the initial board of supervisors of the district as provided in paragraph (1) of subsection (b) of Code Section 36-88-4.

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(g) Notwithstanding any provision of this Code section to the contrary, no property in cluded within a district shall be sold or the title thereto otherwise transferred without the inclusion upon the deed or other instrument of transfer of the legend set forth in Code Section 36-88-39.
36-88-4.
(a) The board of supervisors of any district created under this chapter shall consist of five members to be appointed or elected in accordance with the terms of subsection (b) of this Code section. Except as set forth in this chapter for the members of the initial board of supervisors of any district created under this chapter, each member shall hold office for a term of four years and until his or her successor is chosen and qualifies, which term shall commence on January 1 of the year following the appointment or election of such mem ber and shall expire on December 31 of the fourth year following the commencement of such term. The board shall be authorized to exercise all powers granted to, and to per form all duties imposed upon, the district pursuant to this chapter.
(b) The board of supervisors of any district created under this chapter shall be appointed or elected in the following manner:
(1) Two members of the board shall be appointed by the governing body of the county in which the district is to be located, provided that if all or any portion of such district is located within an incorporated municipality, one of such members shall be appointed by the governing body of such municipality. The initial appointment of such members shall be provided for in the resolution adopted by the governing body of such county or municipality authorizing the creation of the district. The terms of the initial members so appointed shall commence immediately upon such appointment and shall continue until December 31 of the fourth year following such appointment. Thereafter, the terms of members so appointed shall commence on January 1 of the year following such appointment and shall continue until December 31 of the fourth year following such commencement;
(2) The remaining three members of the board of supervisors shall be elected as follows:
(A) Within 90 days following the effective date of the resolution establishing the dis trict, there shall be held a meeting of the landowners of the district for the purpose of electing the remaining three members of the initial board of supervisors for the dis trict. Notice of such meeting shall be published once a week for two consecutive weeks in a newspaper of general circulation in the area of the district, the last day of such publication to be not fewer than 14 days or more than 28 days before the date of the election. The landowners, when assembled at such meeting, shall organize by electing a chairperson who shall conduct the meeting;
(B) At such meeting, each landowner shall be entitled to cast one vote per acre of land owned by such landowner and located within the district for each person to be elected. A landowner may vote in person or by proxy in writing. A fraction of an acre shall be treated as one acre, entitling the landowner to one vote with respect thereto. The candidate receiving the greatest number of votes shall be elected for a term which expires on December 31 of the year which is four years after the year in which the election is held and the two candidates receiving the next largest number of votes shall be elected for terms which expire on December 31 of the year which is two years after the year in which the election is held;
(C) After the initial election of the three remaining members of the board of supervi sors, there shall be held a general election within the district on the first Tuesday after the first Monday in November to determine the successors to those members whose terms expire on December 31 of such year. Each member so elected shall serve a term of four years, commencing on January 1 of the year following the elec tion of such member and terminating on December 31 of the fourth year thereafter;

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(D) On or before July 15 of each year, the board shall determine the number of quali fied electors in the district as of the immediately preceding June 1. The board shall use and rely upon the official records maintained by the supervisor of elections and property appraiser or tax collector in the county in which the district is located in making this determination. Such determination shall be made at a properly noticed meeting of the board and shall become a part of the official minutes of the district;
(E) Candidates seeking election to office by qualified electors under this subsection shall conduct their campaigns in accordance with all applicable provisions of the laws of this state;
(F) The election superintendent of the county in which the district is located shall appoint the election managers for district elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election of board members by qualified electors. The governing body of the county in which the district is lo cated shall declare and certify the results of the election; and
(G) Notwithstanding any provision of this Code section to the contrary, any election held under the terms of this chapter shall be conducted in the manner provided for in the laws of this state relating to general elections.
(c) If, during the term of office, a vacancy occurs on the board of supervisors, the remain ing members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
(d) A majority of the members of the board shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district requires a greater number.
(e) As soon as practicable after the appointment and election of the initial board of super visors, the members of the board shall elect one of its members as chairperson and shall also elect a secretary who need not be a member of the board, and such other officers as the board may deem necessary. Upon the appointment or election of a new member or members to the board as provided in this Code section, the board shall elect a new chairperson and secretary, and any such other officers as the board deems appropriate. Nothing contained in this Code section shall prevent any officer from succeeding himself or herself to an office previously held.
(f) The board shall keep a permanent record book entitled 'Record of Proceedings of (name of district) Community Improvement District,' in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to in spection in the same manner as state, county, and municipal records as provided by general law. The record book shall be kept at the office or other regular place of business maintained by the board in the county in which the district is located.
(g) Each member of the board shall be entitled to receive for his or her services an amount not to exceed $200.00 per meeting of the board of supervisors, not to exceed $4,800.00 per year per supervisor, or such greater amount as may be established by the consent of a majority of the landowners within the district and reimbursement for actual expenses reasonably incurred in connection with his or her service on the board. Such compensation shall be paid exclusively from taxes, fees, and assessments levied by the board of supervisors upon property located within the district as authorized in this chapter.
(h) All meetings and records of the board shall be open to the public and governed by all laws of this state relating to open meetings and records.

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3-88-5.
(a) The board shall employ and fix the compensation of a district manager. The district manager shall have charge and supervision of the works of the district and shall be re sponsible for preserving and maintaining any improvement or facility constructed or er ected pursuant to the provisions of this chapter, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be pre scribed by the board. Any board member or the district manager or any other employee of the district may be a stockholder, officer, or employee of a landowner. The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other condi tions of employment of the officers and employees of the district shall be as provided by the board.
(b) The board shall designate a person to serve as treasurer of the district, who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treas urer and by the chairperson or such other member of the board as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer to give a bond in such amount, on such terms, and with such sure ties as may be deemed satisfactory to the board to secure the performance by the treas urer of his or her power and duties. The financial records of the board shall be audited by an independent certified public accountant at least once a year.
(c) The board is authorized to select a depository for its funds which meets all require ments of the laws of this state for depositories of public funds, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable.
36-88-6.
Any district created under this chapter shall have, and the board may exercise, the fol lowing powers:
(1) To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise and to dispose of real and personal property or an estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(2) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature;
(3) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, this state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto;
(4) To adopt bylaws or other rules prescribing the powers, duties, and functions of the officers of the district, the conduct of the business of the district and the maintenance of its records; to adopt administrative rules with respect to any of the projects of the district and define the area to be included therein; and to adopt resolutions which may be necessary for the conduct of district business;
(5) To maintain an office at such place or places as it may designate within the county in which the district is located, which office must be reasonably accessible to the landowners;
(6) To hold, control, and acquire by donation, purchase, or condemnation or dispose of any public easements, dedications to public use, platted reservations for public pur poses, or any reservations for those purposes authorized by this chapter and to make

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use of such easements, dedications, or reservations for any of the purposes authorized by this chapter;
(7) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the district is authorized to under take and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter;
(8) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as provided in this chapter;
(9) To levy such taxes and assessments and to charge, collect, and enforce fees and other user charges as may be authorized by the terms of this chapter;
(10) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsis tent with law;
(11) To exercise within the district, or beyond the district with prior approval by reso lution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain over any property within this state, except municipal, county, state, and federal prop erty, for the uses and purposes of the district relating solely to water, sewer, streets and roads and related improvements, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another;
(12) To cooperate with, or contract with, other governmental agencies as may be neces sary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter; and
(13) To exercise all of the powers necessary, convenient, incidental, or proper in con nection with any of the powers, duties, or purposes authorized by this chapter.
36-88-7.
(a) On or before July 15 of each year, the district manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the board for approval. The pro posed budget shall include at the direction of the board an estimate of all necessary ex penditures of the district for the ensuing fiscal year and an estimate of income to the district from the taxes, fees, and assessments authorized to be levied by the board pursu ant to the provisions of this chapter. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the district manager or mod ify the same in part or in whole. The board shall indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. No tice of the hearing on the budget shall be published in a newspaper of general circulation in the area of the district once a week for two consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day, time, and place of the public hearing. At the time and place designated in the notice, the board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall by resolution adopt the budget as fi nally approved by the board. The budget shall be adopted prior to October 1 of each year.
(b) At least 60 days prior to adoption, the district board shall submit to the governing bodies of the county and any municipality in which the district is located, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the district for future operations.

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(c) The governing bodies of the county and any municipality in which the district is lo cated may review the proposed annual budget and any long-term financial plan or pro gram and may submit written comments to the board for its assistance and information in adopting its annual budget and long-term financial plan or program.
36-88-8.
(a) Subject to the provisions of subsections (b) and (c) of this Code section, the board of supervisors of any community improvement district is authorized to levy and collect within such community improvement district taxes, fees, and assessments upon property located wholly within such district.
(b) Except as provided in subsection (c) of this Code section, taxes, fees, and assessments levied by the board of supervisors of any district shall only be levied on property located within the district and used nonresidentially, specifically excluding all property used for residential, agricultural, or forestry purposes and specifically excluding tangible per sonal property and intangible property, and any tax, fee, or assessment so levied shall not exceed 2% percent of the assessed value of the real property subject to such taxes, fees, and assessments.
(c) Notwithstanding any other provision of this chapter to the contrary, if 100 percent of the landowners owning property located in whole or in part within the boundaries of the proposed district consent in writing to the creation of the proposed district, the foregoing limitations of subsection (b) of this Code section relating to the power and authority of the board of supervisors of the district to levy taxes, fees, and assessments shall not apply. Any consent obtained pursuant to the provisions of this subsection shall be in the form described in subsection (b) of Code Section 36-88-3 and shall also contain a state ment that the landowner providing such consent understands that the board of supervi sors of the district may levy taxes, fees, and assessments upon the property described in such consent without the limitations contained in subsection (b) of this Code section. Any such consent shall be obtained prior to the submission of a petition to the governing body of the county and any municipality within which all or a portion of such district is to be located. Once obtained, such consent shall thereafter be effective and, subject to the provisions of this chapter, shall be binding upon any successors or assigns of the land owner or landowners providing such consent.
(d) Any taxes, fees, and assessments levied by the board of supervisors of any district created under this chapter shall be equitably apportioned among the properties subject 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. Proceeds of any such taxes, fees, and assessments levied by the board of supervisors of any district created under this chapter shall be used only for the purpose of providing the govern mental services and facilities which are specifically required by the degree of density of development within the district, including, without limitation, the payment of debt ser vice on bonds issued under this chapter to provide such services and facilities, and not for the purpose of providing such governmental services and facilities to the county or mu nicipality as a whole.
36-88-9.
(a) The board of any district created under this chapter shall have the power to levy and collect ad valorem taxes upon property located within the district in accordance with the terms and provisions of this chapter. Revenues derived from such taxes may be used to construct, operate, and maintain any project or other improvements within the district; to pay the principal of, redemption premium, if any, and interest on, any general obliga tion bonds of the district; and to provide for any sinking fund, reserve fund, or other funds established in connection with any such bonds. Ad valorem taxes provided for in this chapter shall be in addition to county and all other ad valorem taxes provided for by law.
(b) The board of any district created under this chapter shall have the power to levy and collect assessments upon property located within such district as follows:

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(1) In order to provide for the acquisition, construction, reconstruction, improvement, installation, and equipping of any project, the district may levy and collect benefit as sessments in an amount per parcel of property to be determined by the board based upon the actual or estimated cost of such project; and
(2) In order to maintain and preserve the facilities and projects of the district, the district may levy and collect a maintenance assessment in an. annual amount per par cel of property to be determined by the board; provided, however, any such mainte nance assessment so levied shall not exceed five mills.
(c) Any assessments levied as provided in this chapter shall be levied upon all lands benefited by the project or other facilities, improvements, and services provided, oper ated, and maintained by the district to which such assessments relate, in proportion to the benefits received by each respective parcel of property subject to such assessment. Any assessment so levied shall be payable at the time and in the manner stipulated in the resolution providing therefor, required to be adopted by the board pursuant to Code Section 36-88-18. Any assessment or portion thereof duly levied by the board under this chapter and not paid when due shall bear interest at a rate not in excess of 8 percent per annum, as shall be specified by the board in the resolution providing for the levy of such assessments adopted pursuant to Code Section 36-88-18.
(d) Prior to the levy of any benefit assessments by the board under this chapter, the board shall have caused to have been prepared plans and specifications for the project or projects to which such benefit assessments relate and shall have approved such plans and specifications in the manner and subject to the conditions set forth in Code Section 36-88-17.
(e) By no later than August 31 of each year, the board shall determine and certify to the tax commissioner of the county in which the district is located the respective total amounts of ad valorem taxes, benefit assessments, and maintenance assessments levied or to be levied upon each parcel of property located within the district, which taxes, bene fit assessments, and maintenance assessments shall be entered by the county tax com missioner on the county tax rolls. Any tax or assessment so levied shall be collected by the county in which the district is located in the same manner as taxes levied by such county or municipality. The proceeds of taxes so levied, less such fee to cover the cost of collection as may be specified by law, shall be transmitted by the collecting county to the board of supervisors of th'- community improvement district and shall be expended by the board of supervisors of the district for the purposes authorized by this chapter.
36-88-10.
Notwithstanding any provision of this chapter to the contrary, all ad valorem taxes lev ied by a district under this chapter shall be subject to the same exemptions as ad valorem taxes levied by a county under the laws of this state.
36-88-11.
The collection and enforcement of all ad valorem taxes and assessments levied by any district created under this chapter shall be at the same time and in like manner as ad valorem taxes levied by a county. All provisions of the laws of this state relating to the levy and collection by a county within the state of ad valorem taxes, the creation and priority of liens upon property for the nonpayment of such taxes, and the foreclosure of such liens, and all procedures to be undertaken or complied with under the laws of this state in connection therewith, shall be applicable to any ad valorem taxes, benefit assess ments, and maintenance assessments levied by a district in accordance with the terms of this chapter to the same extent as if a district were a county within this state, and all of such provisions, as now or hereafter amended, are incorporated in this chapter as if ex pressly set forth in this chapter.

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36-88-12.
(a) Any district created under this chapter shall have the right to:
(1) Pay any delinquent state, county, district, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the district; and
(2) Purchase any execution issued on account of any state, county, district, municipal, or other taxes or assessments upon lands located wholly or partially within the bound aries of the district.
(b) Delinquent taxes paid or executions purchased by the district together with all penal ties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee shall constitute a lien in favor of the district upon the related property in the same manner and with the same priority, and may be foreclosed in the same manner, as any lien created or which would have been created under the laws of this state in favor of the state, county, district, or municipality to which such taxes were paid or from which such execution was purchased, all as provided for by the laws of this state relating thereto.
36-88-13.
(a) Any district created under this chapter is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter referred to collectively as Tees' or 'revenues,' and to revise the same from time to time, for the facilities and services fur nished by the district, within the limits of the district, including, but not limited to, recre ational facilities, water management and control facilities, and water and sewer systems; to recover the costs of making connection with any district facility or system; and to provide for reasonable penalties against any user or property for nonpayment of any such fees.
(b) No such fees for any of the facilities or services of a district shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, ten ants, or occupants served or to be served thereby, and all other interested persons shall have an opportunity to be heard concerning the proposed fees. Fees shall be adopted under the administrative rule-making authority of the district but shall not apply to dis trict leases. Notice of such public hearing setting forth the proposed schedule or sched ules of fees shall have been published in a newspaper of general circulation in the district at least once and at least ten days prior to such public hearing. The rule-making hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.
(c) Such fees shall be just and equitable and uniform for users of the same class and when appropriate may be based or computed either upon the amount of service furnished, upon the number or average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the user of the facilities fur nished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis.
(d) The fees prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items in this subsection listed but not necessarily in the order stated:

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(1) All expenses of operation and maintenance of such facility or service;
(2) Payment when due of all bonds or other obligations and the interest thereon which are or will be secured by or payable from such revenues, including reasonable reserves for such payments; and
(3) The funding of any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds or other obligations secured by or paya ble from such revenues pursuant to this chapter.
(e) The board of any district created under this chapter shall have the power to enter into contracts for the lease, rental, or other use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district and shall charge such fees for the lease, rental, or other use of such projects, services, and facilities as the board of the district shall determine.
36-88-14.
(a) In the event that any fees duly determined and charged by the board of any district pursuant to the terms of this chapter shall not have been paid within 60 days of the date set by the board as the date such fees are due and payable, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action filed by the district in accordance with the laws of this state.
(b) In the event any fees for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, including interest, penalties, and charges for the shutting off and discontinu ance and the restoration of such water and sewer services or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or premises of any person within the district limits. Such delinquent fees, together with interest, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities and reasonable attorney's fees and other expenses may be recovered by the dis trict, which may also enforce payment of such delinquent fees, rentals, or other charges by any other lawful method of enforcement.
36-88-15.
To the full extent permitted by law, any district created under this chapter shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district.
36-88-16.
(a) No community improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the com munity improvement district has held a public hearing on such purchase or sale and made a determination that the purchase or sale is in the public interest. The community improvement district shall consider, at a minimum, the following:
(1) The most recent available income and expense statement for the utility;
(2) The most recent available balance sheet for the utility listing assets and liabilities and clearly showing the amount of contributions in aid of construction and the accu mulated depreciation thereon;
(3) A statement of the existing rate base of the utility for regulatory purposes;
(4) The physical condition of the utility facilities being purchased or sold;
(5) The reasonableness of the purchase or sales price and terms;
(6) The impacts of the purchase or sale on utility customers, both positive and negative;

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(7) Any additional investment required and the ability and willingness of the pur chaser to make that investment, whether the purchaser is the community improve ment district or the entity purchasing the utility from the community improvement district;
(8) The alternatives to the purchase or sale and the potential impact on utility custom ers if the purchase or sale is not made; and
(9) The ability of the purchaser to provide and maintain high-quality and cost-effective utility service, whether the purchaser is the community improvement district or the entity purchasing the utility from the community improvement district.
(b) The community improvement district shall prepare a statement showing that the purchase or sale described in subsection (a) of this Code section is in the public interest, including a summary of the purchaser's experience in water and sewer utility operation and a showing of financial ability to provide the service, whether the purchaser is the community improvement district or the entity purchasing the utility from the community improvement district.
36-88-17.
In the event any district created under this chapter undertakes any project as provided in this chapter, the board shall proceed to adopt plans and specifications for such project as follows:
(1) The board shall cause to be made by the district's engineer, or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive plans and specifications for the lands located within the district that will be improved in any part or in whole by any system or facilities that may be outlined and adopted. Said engineer or engineers shall make a report in writing to the board describing the project and setting forth the projected cost of completion of the project, which report shall include surveys, maps, and profiles of said project or projects.
(2) The board shall also prepare, or cause to be prepared, a financing plan for the pro ject or projects being considered, which plan shall include a description of the proposed source or sources of financing for such project, which may include the issuance of bonds by the district under this chapter, and a statement of projected revenues, if any, from the project. To the extent the cost of such project or projects is to be paid, in whole or in part, through benefit assessments levied by the district, whether directly or through the issuance of assessment or revenue bonds, the board shall also cause to be prepared an assessment plat showing the lands to be benefited by the project and the proposed amount of total assessments per acre to be levied upon such lands;
(3) Upon the completion of such plans and specifications and submission of such report and financing plan, the board shall hold a hearing thereon to hear objections thereto, shall give notice of the time and place fixed for such hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in the general area of the district, and shall permit the inspection of the plans and specifications, engineer's report, and financing plan at the office of the district by all persons inter ested. All objections thereto shall be filed at or before the time fixed in the notice for the hearing and shall be in writing; and
(4) After the hearing, the board shall consider the proposed plans and specifications, engineer's report, and financing plan and any objections thereto and may modify, re ject, or adopt the same or continue the hearing to a day certain for further considera tion or modification thereof. If the board determines to approve the proposed plans and specifications, engineer's report, and financing plan, the board shall adopt a reso lution declaring such approval, which may be included in a resolution of the board declaring the levy of benefit assessments for such project or projects, as set forth in Code Section 36-88-18.

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36-88-18.
(a) Prior to levying any assessments under this chapter, the board shall adopt a resolu tion declaring its intent to levy such assessments, which resolution shall include the following:
(1) If the board intends to levy benefit assessments, the resolution shall include, or shall refer to, the board's approval of the plans and specifications, engineer's report, and financing plan for the project or projects for which the benefit assessments are to be levied, as provided in Code Section 36-88-17;
(2) A description of the project or projects, facilities, and improvements for which such assessments are being levied;
(3) An assessment plat and legal description of the specific parcel or parcels of land to be assessed, together with the respective amounts of benefit assessments and mainte nance assessments to be levied per acre, which amounts shall be prorated accordingly for portions thereof;
(4) The total amount of benefit assessments and the total amount of maintenance as sessments to be levied upon each parcel of land assessed, based upon the per acre assessment referred to in paragraph (3) of this subsection; and
(5) With respect to any benefit assessment to be levied, the term over which such bene fit assessment may be paid, which term shall not exceed 30 years, together with the amount of the installment due in each year of such term, determined such that such installments are materially the same in each year of such term.
(b) Upon the adoption of the resolution declaring the board's intent to levy assessments as described in subsection (a) of this Code section, the board shall cause to be made an assessment roll in accordance with the method of assessment provided for in said resolu tion, which assessment roll shall be completed and filed with the tax commissioner of the county within which the district is located as promptly as possible. Said assessment roll shall describe the lots and lands assessed, the total amount of the benefit assessments, the total amount of maintenance assessments levied against each lot or parcel of land, and if any such benefit assessment is to be paid in installments, the number of install ments and amount of each such installment of such benefit assessment due in each year.
(c) Upon completion of the assessment roll, the board shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the board and be heard regarding the amount, purpose, and necessity of any maintenance assessments being levied and the propriety and advisabil ity of undertaking the project or projects for which any benefit assessments are being levied, the cost thereof, the manner of payment therefor, and the amount of the benefit assessment to be levied against each benefitted property. The board shall provide at least ten days' notice in writing of such time and place to the owners of any property being assessed, which notice shall be mailed to each such property owner at his or her last known address. Notice of the time and place of such hearing shall also be published in a newspaper of general circulation in the district, once a week for the two consecutive weeks immediately preceding said hearing, which notice shall state the board's intention to levy maintenance assessments or benefit assessments or both, describe the facilities to which such maintenance assessments relate or the project or projects to be undertaken or both, and advise all persons interested that the description of each property to be assessed and the amount of the benefit or maintenance assessment or both attributable to each such parcel may be ascertained at the office of the board of supervisors of the district.
(d) At the hearing regarding the assessment roll described in subsection (c) of this Code section, the board shall meet as an equalizing board to hear and consider any and all complaints as to the assessments to be levied and shall adjust and equalize such assess ments, if appropriate, on a basis of justice and right, and when so equalized and ap proved by resolution of the board, such assessments shall stand confirmed and remain

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legal, valid, and binding liens upon the property against which such assessments are made, until paid, with such priority as may be provided for in this chapter. Notwith standing the foregoing provisions of this subsection, upon completion of any project or projects for which any benefit assessments are levied, the district shall credit to each of such benefit assessments the difference in the benefit assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the project or projects to be paid from such benefit assessments as finally determined upon the comple tion of the project or projects, but in no event shall the final benefit assessments levied exceed the amount originally assessed.
(e) Promptly after confirmation of such assessments, such assessments shall be recorded by the secretary of the board in a special book to be known as the 'Improvement Lien Book,' and the record of the lien recorded in such book shall constitute prima facie evi dence of its validity.
(f) Any informality or irregularity in the proceedings in connection with the levy of any assessment under the provisions of this chapter shall not affect the validity of the same where the assessment roll has been confirmed by the board, and the assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the as sessment was duly levied, that the benefit assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken, and performed as required by this chapter. No variance from the directions under this chapter shall be held material unless it is clearly shown that the party ob jecting was materially injured thereby.
36-88-19.
(a) No contract shall be let by the board of any district created under this chapter for the construction of any project authorized by this chapter, nor shall any goods, supplies, or materials be purchased, when the amount thereof to be paid by the district shall exceed $10,000.00 unless notice of bids shall be advertised once in a newspaper in general circu lation in the county in which the district is located and in the district. In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are rejected because the bids are too high, or the board determines it is in the best interests of the district to reject all bids. The board may require the bidders to furnish bond with a responsible surety to be approved by the board. No provision of this Code section shall prevent the board from undertaking and performing the construction, operation, and maintenance of any project or facility authorized by this chapter by the employment of labor, material, and machinery.
(b) Contracts for maintenance services for any district facility or project or for other serv ices to be performed for a district shall be subject to competitive bidding requirements to the same extent and subject to the same requirements as set forth by the laws of this state for contracts for similar services entered into by the governing body of a county within this state. Contracts for services not subject to competitive bidding under such laws shall not be subject to competitive bidding for a district unless the district adopts a rule applying competitive bidding procedures to said contracts.
36-88-20.
The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of any projects or other improvements to real property undertaken by the district. Such information shall be made available to all existing residents and to all prospective residents of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective purchaser of property in that de velopment with a copy. Any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The Department of Community Affairs shall keep a current

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list of districts and their disclosures pursuant to this chapter and shall make such stud ies and reports and take such actions as it deems necessary.
36-88-21.
Any district created under this chapter may issue general obligation bonds, revenue bonds or assessment bonds, bond anticipation notes, or other evidences of indebtedness in accordance with the terms and provisions of this chapter.
36-88-22.
Any bonds issued by a district under this chapter may be sold at public or private sale upon such terms and conditions as the board may reasonably determine, but in any event not at a price less than 90 percent of the par value thereof, together with accrued interest thereon.
36-88-23.
Any series of bonds to be issued under this chapter shall be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. Any such resolution shall:
(1) Authorize the issuance of bonds and fix the aggregate amount of bonds to be issued;
(2) Set forth the purpose or purposes for which the moneys derived from the issuance of bonds authorized thereby shall be expended;
(3) Set forth the source or sources of payment of the bonds and any revenues, taxes, assessments, or other amounts pledged or to be pledged to the payment thereof, and whether such bonds shall be payable from and secured by the full faith, credit, and taxing power of the district;
(4) If such bonds are revenue bonds or assessment bonds, authorize the terms and conditions under which additional parity bonds may be issued and secured by and pay able from the assessments or revenues pledged to and securing the bonds being authorized;
(5) Authorize the rate or rates of interest to be borne by the bonds and the authorized denomination or denominations of the bonds;
(6) Authorize the date or dates of maturity of such bonds, which shall not exceed 40 years from the respective date of issuance of such bonds;
(7) Authorize the creation of funds or accounts relating to such bonds and the project or projects or other facilities to be financed thereby;
(8) Set forth the medium of payment of principal, redemption premium, if any, and interest on the bonds and the place or places within or outside this state where such payments shall be made;
(9) Set forth the provisions regarding registration and registration of transfer and ex change of bonds, redemption terms, and privileges, whether with or without premium, the manner of execution of such bonds, the form of such bonds, and any and all other terms, covenants, and conditions thereof; and
(10) Contain such covenants with the holders of such bonds as the board may deem advisable. All such covenants shall constitute valid and legal binding and enforceable contracts between the district and the bondholders. Covenants may include, without limitation, covenants concerning the disposition of proceeds of the bonds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the district with respect to the operation of the project and the mainte nance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the acquisition of outstanding bonds and obligations; restrictions on the establishing of competing projects or facilities; restric tions on the sale or disposal of the assets and property of the district; the maintenance

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of deposits to assure the payment of revenues by users of district facilities and services; the discontinuance of district services by reason of delinquent payments; acceleration upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed necessary or desirable for the security of the bondholders.
36-88-24.
Bonds issued by a district under this chapter shall be executed by the manual or duly authorized facsimile signature of the chairperson or other officer of the board specifically authorized to execute bonds on behalf of the district, and the official seal of the district, or an authorized facsimile thereof, shall be impressed, affixed, lithographed, engraved, or otherwise reproduced on such bonds. In case any officer whose signature shall appear on any bonds shall cease to be such officer before the delivery of such bonds, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
36-88-25.
Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutilated, lost, or destroyed.
36-88-26.
Any bond issued under this chapter or any temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the laws of this state.
36-88-27.
(a) Any district created under this chapter shall have the power and authority to issue revenue bonds from time to time without limitation as to amount, in compliance with the terms and provisions of Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law." Such revenue bonds may be secured by, or be payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenueproducing undertaking or activity of the district; or from any other revenues of the dis trict. Such bonds shall not constitute an indebtedness of the district, this state, or any political subdivision of this state and shall not be secured by or be payable from the full faith and credit nor the taxing power of the district.
(b) Any two or more projects may be combined and consolidated into a single project and may thereafter be operated and maintained as a single project. Revenue bonds author ized in this Code section may be issued to finance any one or more of such projects, re gardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the district may thereafter combine the projects then being fi nanced or theretofore financed with other projects to be subsequently financed by the district and that revenue bonds to be thereafter issued by the district shall be on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds.
36-88-28.
(a) Any district created under this chapter shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or facilities of the district, or to refund general obligation bonds theretofore issued by the district and cur rently outstanding, in compliance with the terms and provisions of the general obligation bond law, including the requirement of a referendum authorizing the issuance of such bonds held within the district.

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(b) All provisions contained in the general obligation bond law relating to the issuance of bonds by any county within this state shall apply to the issuance of general obligation bonds by any district as if such district were a county for purposes of such general obliga tion bond law. Notwithstanding the foregoing provisions of this subsection, no referen dum shall be required to be held on behalf of, and no consent or other approval shall be required to be obtained from, any person or persons who are not landowners within the district at the time such general obligation bonds are to be authorized and issued by such district.
(c) Any such general obligation bonds issued by a district shall be payable from and shall be secured by the full faith, credit, and taxing power of the district but shall not be paya ble from, or be secured by, or otherwise have any claim upon the faith, credit, or taxing power of this state or any political subdivision of this state, other than the district.
36-88-29.
(a) Any district created under this chapter may, after any benefit assessments for assess able improvements are determined and levied as provided in this chapter, issue assess ment bonds payable from a special fund into which moneys received by the district from such benefit assessments shall be deposited, which special fund shall be pledged as se curity for such assessment bonds. Moneys deposited in such special fund, together with any interest earnings thereon, shall be used only for the payment of the assessment bonds to which such moneys are pledged.
(b) Any district issuing assessment bonds under this chapter is authorized to covenant with the holders of such assessment bonds that:
(1) It will diligently and faithfully enforce and collect all the benefit assessments and interest and penalties thereon pledged as security for such assessment bonds and de posit the amounts so collected in the special fund created therefor; and
(2) It will act diligently to foreclose any liens on property subject to such assessments created and existing by virtue of the nonpayment thereof, as provided by the terms of this chapter, and to deposit the proceeds derived from any such foreclosure, including interest and penalties, in such special fund.
(c) Any district issuing assessment bonds under this Code section may also pledge to the payment of such assessment bonds any revenues of the district derived from any project or projects or other facilities of the district; provided, however, that any lien upon any such revenues created in favor of the holders of any assessment bonds shall be subordinate to the lien or liens thereon in favor of the holders of any revenue bonds or other assessment bonds of the district to which such revenues have theretofore been pledged, unless the resolution authorizing such revenue bonds or other assessment bonds specifically contemplates otherwise.
(d) Notwithstanding any provision of this Code section to the contrary, assessment bonds issued under this Code section shall mature not later than two years after the due date of the last permitted installment of any benefit assessments securing the payment of such assessment bonds.
36-88-30.
In addition to the other powers provided for in this chapter, and not in limitation thereof, any district created under this chapter shall have the power, at any time and from time to time after the issuance of any bonds of the district shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate or rates as the board may determine, mature at such time or times not later than five years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as

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the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued.
36-88-31.
Any revenue bonds or assessment bonds issued by a district under this chapter shall be validated in the manner and under the terms and conditions set forth in Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law." Any general obligation bonds issued by a district under this chapter shall be validated in the manner and under the terms and conditions set forth in the general obligation bond law.
36-88-32.
All bonds issued under this chapter and interest paid thereon, all fees, charges, and other revenues derived by any district created under this chapter from the projects provided for by this chapter, and any tangible or intangible real or personal property owned by any such district shall be exempt from all taxes by this state or by any political subdivi sion, agency, or instrumentality thereof.
36-88-33.
Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, munici pality, or other political subdivision of this state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or volun tary statutory deposits.
36-88-34.
Any bonds issued by a district under this chapter may be secured by a trust agreement by and between the district and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or outside this state. The resolution authorizing the issuance of the bonds may authorize the execution and deliv ery of such trust agreement, a copy of which shall be attached to such resolution and expressly refer to the provisions of such trust agreement with respect to certain provi sions regarding such bonds which are required to be set forth in such resolution. Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the district in relation to the acquisition, construc tion, reconstruction, improvement, maintenance, repair, operation, and insurance of any projects; the fixing and revising of rates, fees, and charges with respect to any projects; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust company within or outside this state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the district. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agree ment pertains.

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36-88-35.
All district property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judg ment against the district be a charge or lien on its property or revenues; however, noth ing contained in this Code section shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district in connection with any of the bonds or obligations of the district.
36-88-36.
Any suit or action brought or maintained against any district created under this chapter for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the laws of this state relating to sovereign immunity of the state and any of its political subdivisions with respect to any such action.
36-88-37.
The board of any district created under this chapter may resolve, of its own accord or upon request of a landowner pursuant to reasonable guidelines adopted by the board, to petition to contract or expand the boundaries of a community improvement district. Such petition shall be submitted and reviewed and consents to such expansion or con traction shall be obtained as follows:
(1) The petition shall be submitted to the governing bodies of the county and any mu nicipality within which all or part of the district is located, which petition shall contain the same information required by subsection (c) of Code Section 36-88-3. In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction of any district services to the area, the estimated cost of constructing the proposed services, and the designation of the future general distribu tion, location, and extent of public and private uses of land proposed for the area. If the petitioner seeks to contract the district, the petition shall describe what services and facilities are currently provided by the district to the area being removed and the designation of the future general distribution, location, and extent of public and pri vate uses of land proposed for the area.
(2) In order to expand or contract the boundaries of a district, written consent of the landowners whose property is to be excluded from or included within the district fol lowing such contraction or expansion shall be obtained to the same extent, and in the same manner, as provided in subsection (b) of Code Section 36-88-3. Notwithstanding the foregoing provisions of this paragraph, if the creation of the district, as originally bounded, was consented to by 100 percent of the landowners originally included therein as provided in subsection (c) of Code Section 36-88-8, the consent of 100 per cent of the landowners to be excluded from or included within the district after contrac tion or expansion of the boundaries thereof shall be obtained prior to such contraction or expansion.
(3) A public hearing with respect to such petition shall be held in the same manner and with the same public notice as provided in subsection (d) of Code Section 36-88-3, and the governing bodies of the county and any municipality within which all or a part of such district is located shall be required to consent by resolution to the expansion or contraction of the boundaries of the district, prior to such expansion or contraction. Such determination shall be made in the same manner, contain the same information, and with consideration of the same factors set forth in subsections (e) and (f) of Code Section 36-88-3.
36-88-38.
(a) A district duly created under this chapter shall continue to exist unless and until all of the specific community improvement services that it is authorized to perform and all facilities related thereto have been transferred to the county or any municipality within

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which all or a part of such district is located, or both, and such district has been dissolved as provided in subsections (b) and (c) of this Code section.
(b) The governing body of the county or of any municipality within which a district is located may adopt a resolution providing for a plan for the transfer of a specific commu nity improvement service from a district to such county or municipality (a 'transfer plan resolution'). The plan must provide for the assumption and guarantee of the district debt that is related to the service by the county or municipality and must demonstrate the ability of the county or municipality to provide such service:
(1) As efficiently as the district;
(2) At a level of quality equal to or higher than the level of quality actually delivered by the district to the users of the service; and
(3) At a charge equal to or lower than the actual charge by the district to the users of the service.
(c) No later than 30 days following the adoption of a transfer plan resolution provided for in subsection (a) of this Code section, the board of supervisors may file, in the superior court for the county in which the governing body adopting the transfer plan resolution is located, a petition seeking review by certiorari of the factual and legal basis for the adop tion of the transfer plan resolution.
(d) Upon the transfer of all of the community improvement services of the district to the county or municipality within which all or a part of such district is located, or both, the district shall be terminated and dissolved in accordance with a plan of termination and dissolution which shall be adopted by the board of supervisors and filed with the clerk of the superior court of the county within which the district is located.
36-88-39.
Subsequent to the creation of a district under this chapter, each contract for the sale of real estate within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following statement in boldface and conspicuous type which is larger than the type in the remaining text of the contract:
'THE (Name of District) DISTRICT IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY THROUGH A SPECIAL TAX ING DISTRICT. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.'
36-88-40.
The board of any district created under this chapter or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this chapter, including injunctive relief to enjoin or restrain any person violating the provisions of this chapter or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this chapter or of any code, order, resolution, or other regulation made under authority conferred by this chapter or under law, the board or any citizen residing in the district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, al teration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such viola tion; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water."

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SECTION 5.
This Act shall become effective only upon adoption by the General Assembly of Senate Res olution No. 497 proposing an amendment to Article IX, Section VII, Paragraph III(c) of the Constitution and the ratification of such amendment by a majority of the voters of this state as provided in Article X, Section I, Paragraph II of the Constitution, and the approval by the Governor or upon its becoming law without such approval.
SECTION 6.
Nothing in this Act shall conflict or repeal any local acts creating community 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.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

Senator McGuire of the 30th moved that the Senate adopt the Conference Committee report on HB 1222.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Broun of 46th Burton Clay Crotts Dean Edge Egan Farrow Gillis Guhl

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

Newbill Ragan Ralston Ray Scott Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Blitch Brown of 26th
Cagle

Cheeks Day Glanton
Gochenour

Griffin Perdue Pollard
Starr

Those not voting were Senators:

Boshears Bowen Henson

Kemp Langford Oliver

Slotin Walker

On the motion, the yeas were 36, nays 12; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1222.
The following bill was taken up to consider House action thereto:

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.

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The House substitute was as follows:
Committee on Judiciary offered the following substitute to SB 575:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for ac cess to records of child abuse, sexual abuse, or sexual harassment of children by certain child advocacy centers; to provide for confidentiality and penalties for unauthorized access to or use of such records; to change the provisions relating to definitions relative to the child abuse registry; to change the provisions regarding whose names may be included in such registry and regarding notice and hearing for inclusion of names upon or expungement of names from such registry; to change the provisions relating to appeals; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in Code Section 49-5-41, relating to persons and agencies permitted access to records of child abuse, sexual abuse, or sexual harass ment of children, by inserting in subsection (a), following paragraph (7), a new paragraph (7.1) to read as follows:
"(7.1) A child advocacy center which is certified by the Child Abuse Protocol Committee of the county where the principal office of the center is located as participating in the Georgia Network of Children's Advocacy Centers or a similar accreditation organiza tion and which is operated for the purpose of investigation of known or suspected child abuse and treatment of a child or a family which is the subject of a report of abuse, and which has been created and supported through one or more intracommunity compacts between such advocacy center and one or more police agencies, the office of the district attorney, a legally mandated public or private child protective agency, a mental health board, and a community health service 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 subsection (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for authorizing or permitting unauthorized access to or use of such records;"
SECTION 2.
Said chapter is further amended by striking Code Section 49-5-180, relating to definitions, and inserting in its place the following:
"49-5-180.
As used in this article, the term:
(1) 'Abuse investigator' means the department, any local department of family and children services, law enforcement agency, or district attorney or designee thereof.
(2) 'Abuse registry' means the Child Protective Services Information System required to be established by Code Section 49-5-181.
(3) 'Abused' means subjected to child abuse.
(3.1) 'Administrative law judge' means the person who conducts a hearing for the Office of State Administrative Hearings pursuant to this article.
(0.1K3.2)) 'Alleged child abuser' means a person deemed to be an alleged child abuser pursuant to Code Section 49-5-183.1.

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(4) 'Child' means any person under 18 years of age.
(5) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for pur poses of the classification required by paragraph (4) of subsection (c) (b) of Code Sec tion 49-5-183; provided, however, physical forms of discipline may be Hied as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof if said neglect or exploitation consists of a lack of supervision, abandonment, or intentional or unin tentional disregard by a parent or caretaker of a child's basic needs for food, shelter, medical care, or education as evidenced by repeated incidents or a single incident which places the child at substantial risk of harm, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsec tion to) (b) of Code Section 49-5-183; and
(C) Sexual assault abuse of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) (b) of Code Section 49-5-183;.
\L/j kJ&XU&l tiX^luiLiiLiOiI 01 SL Ctlilu, cLllu Ci11~"~Sritll D6 uefiillSQ t/G l)ci jb^XU3.i <iOU.Sti IG1
jjlii'pOScib OI tile Cifl-SSiIlCEltiGil IGEfTlIFGu Dy jj<3.1 ct^i d^)ll '**/ OI SUDStiOtiOii (.C/ 01 vJOQG o6C~
tioii 49-5-183, and
(E) Iluwevei, uu No child who in good faith is being treated solely by spiritual means through prayer ifTaccordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 2abused! child.
(6) 'Confirmed' means that an investigation by an abuse investigator has revealed that there is equal or greater credible evidence that child abuse occurred than the credible evidence that child abuse did not occur.
(6.1) 'DFACS office' means the principal office of a county department of family and children services.
(7) 'Division' means the Division of Family and Children Services of the Department of Human Resources.
(7.1) 'Ileaimg uffitu' meant, the Office uf State AdmiiiihUalive Heaiiiigs created under Code Section 50-13-40.
(8) 'Out-of-state abuse investigator' means a public child protective agency or law en forcement agency of any other state bound by confidentiality requirements as to infor mation obtained under this article which are similar to those provided in this article.
(8.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;

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(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure:; or
(J) Sexual exploitation.
'Sexual abuse2 shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or con strued to repeal any law concerning the age or capacity to consent.
(9) 'Sexual exploitation' means conduct by a child's parent ui caietaker person who allows, permits, encourages, or requires that a_child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print me dium depicting such conduct, as defined in Code Section 16-12-100.
(10) Unconfirmed' means that an investigation by an abuse investigator has revealed that there is some credible evidence that child abuse occurred but there is not suffi cient credible evidence to classify that child abuse as confirmed.
(11) Reserved.
(12) "Unfounded" means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred."
SECTION 3.
Said chapter is further amended by striking Code Section 49-5-183.1, relating to notice to alleged child abusers of their classifications, and inserting in its place the following:
"49-5-183.1.
(a) If a DFACS office, pursuant to Code Section 49-5-183, receives an abuse investigator's report naming a person as having committed an act of child abuse classified as 'con firmed' or 'unconfirmed' in the report and such person was at least 13 years of age at the time of the commission of such act, the person so named shall be deemed to be an alleged child abuser for purposes of this article.
(b) A When a DFACS office which, puihuaiil to Code Section 49-0-183, receives an investigator's report pursuant to subsection (a) of this Code section naming an alleged child abuser, that office shall mail to each alleged child abuser so classified in such report a notice regarding such classification. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the current ad dress of the alleged child abuser and proper postage affixed. The notice of classification shall further inform such alleged child abuser of such person's right to a hearing and to appeal such classification. The notice of classification shall further inform such allegeH child abuser of the procedures for obtaining the hearing, and that an opportunity shall be afforded all parties to be represented by legal counsel"and to respond and present evF dence on all issues involved.
(c) Any alleged child abuser who has not attained the age of majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (e) of this Code section who is alleged to have committed an act of child abuse shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the ad ministrative law judge conducting the hearing determines that any such alleged rnino? cKild abuser will not be so represented at the hearing, or that the interests of any sucK alleged minor child abuser may conflict with the interests of the alleged m'nor chilH atjuser's parent or other legal guardian, the administrative law judge shall o~rder the DT'ACS office which transmitted the hearing request to apply to the superior court of the county in which such DFACS office is located to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made

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by the county in which such DFACS office is located. The hearing shall be foi the pur pose of an administrative determination legaidiag whether or not there was huffliieat eiedible evidence of child abuse by the alleged child abuser to justify the invuhtigatui's
ClcliDillCc!LiOil Of SUCH 9.DU&C &S COiltli'Hlcu. 01* llilCOTlIirill&Ci.
(d) In order to exercise such right to a hearing, the alleged child abuser must file a writ ten request for a hearing with the DFACS office which mailed the hearing notice notice of classification within ten days after receipt of such notice. The written request shall con tain the alleged child abuser's current residence address and, if the person has a tele phone, a telephone number at which such person may be notified of the hearing. It shall
Dti ct i cDU.tt3.Dit ^i^Slilll^itiOIl UictL Hiiy SUCH ilGtiCti IS I'fiCftlVcxT IlVc tlciyi elltfil* u&JJOSit -Ul lilt;
LJ ilitfiu Ij tflt&S liicUi.
fcXe) A DFACS office which receives a timely written request for a hearing under subsec tion (b) (d) of this Code section shall transmit that request to the hearing office Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the-rreaiiiig office the Office of State Administrative Hearings shall conduct a hearing upon that request a& yiovidecl in this Code section. That in ac cordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administra tive determination regarding whether there was sufficient credible evidence of child abuse by the alleged child abuser to justify the investigator's classification of such abuse as 'confirmed' or 'unconfirmed.' The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first class mail to the address specified in the written request for a hearing and to the DFACb' office by first class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child abuser and the DFACS office, respec tively, and proper postage affixed. Unless postponed by mutual consent of the parties and the administrative law judge or for good cause shown, that hearing shall be held and a decision rendered within 5 30 business days following receipt by lhat heaiiug office the Office of State Administrative Hearings of the request for a hearingr-fhe, and a decision shall be rendered within five business days following such" hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as neces sary to allow the appointment of counsel. A telephone hearing may be conducted con cerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned ad ministrative law judge, venue may be transferred to any location within the state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county of the UFACS office which transmitted the hearing request to the hearing office Office of State Administrative Hearings. That
UL' A\jij uliiOc, tile IUVcStx^^tOi1 Wfl&Sc I'c^iOi't <inCl CliitifciliCctCiOli Cl*6tt&u tllfi ISSU.cS 10 DC
ucw^i'Uliil^Ct flt SilCll Ilcci.1 iil^J, 3.11Cl tile clllG^tiCi Citild 3DU.S611 SO Clk.SSIIlfcCl nl lllflt "ffejlCft"Srl3ii
lll be jLlOtillftu By D13.li 01T Dy l&lcpllGilc OI tile Liiiic (HiCl piSC&T3T1jric llticii'ill^ clllQ DC ^JlVcIl R
reasonable opportunity tu be heard on the issues. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article.
(d))(f) At the conclusion of the hearing under subsection fc) (e) of this Code section, the healing office administrative law judge shall order that the alleged child abuser's name not be included in the abuse registry upon a finding that there is no credible evidence that such individual committed the child abuse alleged; otherwise, the Leai iiig uffice ad ministrative law judge shall order listing of the alleged child abuser's name on the abuse registry as confirmed if there is equal or greater credible evidence that such individual committed the child abuse alleged than such individual did not commit the child abuse alleged or as unconfirmed if there is some credible evidence that the alleged child abuser

MONDAY, MARCH 18, 1996

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committed the alleged child abuse but not enough credible evidence to classify the indi vidual as confirmed. The general public shall be excluded from hearings of the hearing office Office of State Administrative Hearings held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection.
feXg) Notwithstanding any other provision of law, the decision of the hearing office ad ministrative law judge under subsection ftrXf) of this Code section may be appealed Tjy the alleged child abuser at> yiovided iii Ihih T^iidu sectiun. The shall constitute the final administrative decision. Any party shall have the right ofjudicial review of such decision in accordance with Chapter 13 of Title 50, except that the petition for appeai review shall be filed within ten days after such decisionTfrnt and may only be filed with and the deci sion appealed to the juvenile superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal to-tfte-juvenile cum t shall be substantially the same as those for bupei'iui tomt judicial review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the abuse registry and the juvenile superior court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile superior court under this subsection shall not be subject to fur ther appeal or review.
trXh)) The DFACS office which notifies a person of that person's classification as an al leged child abuser and of that person's right to a hearing regarding that classification shall transmit to the division the investigator's report so naming such person unless that office receives a written request for such hearing within the time for making such request under subsection (b) (d) of this Code section. If a timely request for hearing is received, the hearing office administrative law judge shall transmit to the division its his or her decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the juvenile superior court shall transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days fol lowing that decision.
fgXO No child under the age of 14 shall be compelled to appear to testify at any hearing held" pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those con tained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-3-16."
SECTION 4.
Said chapter is further amended by striking Code Section 49-5-184, relating to hearing an expungement of names from the abuse registry, and inserting in its place the following:
"49-5-184.
(a) If the division receives an investigator's report, hearing office administrative law judge's decision, or juvenile superior court decision which finds credible evidence that an alleged child abuser has committed an act of child abuse which is confirmed or uncon firmed, the division shall include on the abuse registry the name and such classification of the alleged child abuser along with the investigator's report regarding such individual.
(b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified.
(c) Any person whose name appears in the abuse registry without a hearing having been held to determine whether or not there was sufficient credible evidence of child abuse by such person or a reasonable basis to justify such inclusion on the registry is entitled to a

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hearing for an administrative determination of that issue and whether or not expungement of the such person's name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was conducted which resulted in such person's name being in cluded in the abuse registry. The provisions of this subsection shall not apply to persons who have had a hearing pursuant to Code Section 49-5-183.1 or have waived their hear ing after receipt of notice?
(d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing undei pursuant to subsection (c) of this Code section shall transmit that re quest to the hedi ing-office Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provisions of law, the hearing office State Office of Administrative Hearings shall conduct a hearing as provided in this subsection. A hearing shall be conducted upon that request within 60 days following its receipt by that hearing office the Office of State Administrative Hearings. The procedures and stan dards for such hearing shall be substantially the same as those for administrative hear ings under Code Section 49-5-183.1. Upon a finding that there is no credible evidence that the person who requested the hearing committed the child abuse which was the basis for including such person's name on the abuse registry, the hearing office Office of State Administrative Hearings shall order the division to expunge that name from the registry; otherwise, the hearing office. Office of State Administrative Hearings shall not take any action regarding the inclusion of such person's name on the registry unless the office Office of State Administrative Hearings finds credible evidence of child abuse by such person which justifies a different classification of the named person than the classi fication shown on the registry, in which case the office Office of State Administrative Hearings shall order the appropriate classification to be shown by the division on the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection.
(e) Notwithstanding any other provision of law, the decision of the hearing uffice Office of State Administrative Hearings under subsection (d) of this Code section may be appealed by the person wlm requested the heai ing as provided in this subsection. The appeal shall constitute the final administrative decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, except that the petition for review shall be filed within 30 days after such decisions-trot and may only be riled with and the decision appealed to the juvenile superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal to the juvenile cuuit shall be substantially the same as those forsupaiioi cuuit judicial review of contested cases under Code Section 5013-19. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile superior court under this subsection shall not be subject to further appeal or review."
SECTION 5.
(a) Except as provided by subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective July 1, 1996.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 575.

MONDAY, MARCH 18, 1996

2199

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Glanton and Gochenour.

Those not voting were Senators:

Abernathy Bowen Kemp

Langford Oliver Ragan

Slotin Thomas

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 575.
The following bill was taken up to consider the Second Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 1647 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1647 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

Isi Senator Hugh M. Gillis 20th District

1st Representative Roy H. Watson 139th District

/s/ Senator Eddie Madden 47th District

/s/ Representative DuBose Porter 143rd District

/s/ Senator Richard D. Marable 52nd District

/s/ Representative Alan T. Powell 23rd District

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Committee of Conference substitute to HB 1647:

A BILL
To be entitled an Act to amend Code Section 10-1-15 of the Official Code of Georgia Anno tated, 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 clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error; to provide for individual actions only; to provide an effective date and for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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," is amended by adding at the end thereof two new subsections (e) and (f) to read as follows:
"(e) A seller or holder shall not be held liable in any action brought under this Code section for a violation of this article if the seller or holder shows by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.
(f) The penalties under this Code section shall be the sole remedy for violations of this article and a claim of violation of this article may be asserted in an individual action only."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all violations of "The Retail Installment and Home Solicitation Sales Act" occurring on or after said effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate adopt the Second Conference Com mittee report on HB 1647.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

MONDAY, MARCH 18, 1996

2201

Those not voting were Senators:

Abernathy Blitch Bowen

Clay Johnson of 1st Kemp

Langford Slotin

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 1647.
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 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic violence inter vention program; to provide for the contents and cost of such programs; to pro vide for monitoring of such offenders by the court.

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

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

The House has agreed to the Senate amendment, to the House substitute, to the fol lowing bill of the Senate:

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 following bill was taken up to consider House action thereto:

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to change provisions relating to guardians' compensation and expenses; to provide for a comprehensive change in the guardianship of beneficiaries of the

2202

JOURNAL OF THE SENATE

United States Department of Veterans Affairs; to provide for definitions; 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 account ing of funds; to provide for the payment of guardians; to provide for the removal of guardi ans; to provide that general guardianship laws are applicable; 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 in its entirety Code Section 29-2-42, relating to guardians' commis sions, extra compensation, and traveling expenses, and inserting in its place a new Code Section 29-2-42 to read as follows:
"29-2-42.
(a) Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Guardians may be allowed an additional annual commission of :5 one-half of 1 percent of the market value, determined as of December 31 of each year, of the property held in their estates.
(b)) Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to them guardians upon the same principles as to administrators.
(c) The provisions of this Code section shall not apply to any guardianship created by appointment made pursuant to the provisions of Chapter 6 of this title."

SECTION 2.

Said title is further amended by striking 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:

29-6-1.

"CHAPTER 6

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 at. a fiducial,y fen a ward appointed by any probate court within the State of Georgia under the provisions of this chapter
(4) 'Incompetent' means a person uf uuhuund mind rated incompetent by the United States Department of Veterans Affairs as provided under the provisions of Code Sec tion 29-6^T
(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.

MONDAY, MARCH 18, 1996

2203

(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 TVGH cts provided DyvJoct6~~faftction ^&y~*i~J.U ior~tiift sppoiiitiuGi'it or ^u<di cli&ii& 101 iiiiHGi"s mider the age of 14 years who arc nul the chilJieii uf 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 of any person who is entitled to priority of appointment. If
tfiici'c~l'S OO ^jtiTSOil SO eiiLiLlctl OF it tll6 jp6fSOIl SO Glluitlfeu lic^itiCtS Oi* i GIUSGS tG 111.6 SUCH fl
^HiviLiOii Wj.Ui.iIl ijv7 dly&L iilLtii1 trWi ill3il.il.iy 01 Si HOtiCG Oy tft6 UHitCC! otHttiS Ufepfxi tui31TC 01
V~6tr&ilS rulciirS tO tllii 13.SC JtilOWil &UU165& 01 SUCH J)^l SOU liitliCHtlii^ tile il^CcSSity 101 11 ic
Siiiliti, Si pttt-iLiOll 101 Lliti eijj^jOilitiiitiilC illty uci lilciu ill tile ^jlOL<iLii COLli'L liclVill^ JLu'iSCliC"
tiuii, by (jil un behalf of any responsible person residing in tliih 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.

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JOURNAL OF THE SENATE

(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; and
(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.
(c) Preferences for appointment of a guardian shall be as provided in Code Section 29-527 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. A qualified natural person shall ordinarily be preferred for appointment as guardian under this chapter, but the judge of the probate court may in his or her discretion appoint a qualified nonnatural person as guardian^ 29-6-8.
in tins ciis.j)tftr, it sli3.ll DC mitctwiul tor may p^i soil to ctccopt-
cii'u.!clii GI itiiy Wtl"Ct It Lliti pl'GpOS&Q ^ UcliCll3.il IS ettitilO.^ clCtiiljjJ EtS UpGil JjrGS61TC3.T/lOH 01 3. pcLiLiOil Dj""tH""t*
OI tl16 Uilitfiu otati&S JJ6pfl.rtlllGIlt Ot V6t6r3.HS AJ.l<iil'fc ctllii^ill^ tflflt & ^U.3.1Cll3.1i IS 3.Ct~ ill <i llu.U.Ci(il _y CiApfl.City IGJ. iliOl'tS tllclll I1V6 Wctl'ClS clllCl 1'ci^U.cfeLiil^ llifc CliSCllcH'^JS ill 3. & 101* HlflL I'G&SOii, tllti pI'OD3.tti CuU.i'Lj LlpOll plnO01 ALlufeLclilLiiiLlIl^ tllft pGLlLlUii, 611<iil lc~
il&~C&S3'i Jl 116 Iiiilit3.ttOllS Ot tiliS UOCtG S6C11011 S II 3. II ilOt lppJty 'WilWG tI16 yticH'CllS-ii iS 3.
bers of the same family.
(a) The following persons and entities may serve as guardians subject to the restrictions listed:
(DA person deemed fit and proper by the probate court may be guardian for his or her children, parents, and grandparents, without limitation;
(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 for 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

MONDAY, MARCH 18, 1996

2205

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 require final accountings forthwith on such guardianships, and shall discharge the guardian in such casesT 29-6-9.
\3r) Upon tn"6~ cippOnitiiiGiit Ot~8t gttitrcli&iv ' by "tils probate court urtcifer tins chiiptei1", tn&
til cltl tfl& SUiU tll^Il QU.ti ciilu. GSLillifl-Lcvi 10 OcCOiUS p&yflDIG uU.i-tii.J3 tile fellStlnl^ yefitlTj WlllCll DOHCl till<ill D6 SL SGCui'ity DuilQ liicLu.t; Dy SL SGlVcilt SUi'^ty COillp&iiy 111 til6 TO1*111 l*tiCJU.lt"6Cl iOJ* DOlluS OlrgJil<lilU.i<illS tlppOiilt^u. UllOter tile GH&r<ll ^u.<ii tiiciiiibliip J.3.WS tiiiu feiltlll u& XiOilul" tlGil6u 3.S 3.1 G ^SttCil tX)iluSi Wtlcic tll^ tOCfl.1 cStdt^ COiHin^ lil'CO' tflS licliiCtis OI tl\fi ^Licn'Qlclii'
will at nu tiait; exceed the sum of $1,000.00, a buml with at least two personal sin'elies
DlEty IJ6 3.CC6pt6u IT Cil6~pcrSOilLl SU.F6tn.6S 3.r6^S01V61lt ctllu 3T6 3~LCii Wui'tli tll6 el.iiiOU.il t iicliiitiu. 3.S til& ^ifcil&lty 01 LliG DOilCl-
t,D/ AlTiG COUn*~Sfl3.H llflVfe tile jjOW^x' fi Oill tiillt; tO Tiillti tO icQXAitc tile ^Ucti^Cll^il IX) Iti! && eiuuitiOUcll DOrtd.
(c) Tlifi iiidgfe of th^ probate coiirt iiooiv a. m'flDfir^liowiT'it? that thfi vaiiifi of th

y63.i*. XvO SUCn. t'cuUCtiOll Sll3.ll itlicCt tllft liflDiiity 01 tllG^SU.i*6ty TOr j)tSt vvdStts ui iljiSCOH~
uUCt 01 Liic gUfl.iuia.il.
(d) The judge of th^ probate court may order the guardiaii to tx>st the boiiJ for a Otuiod Iii
posted pui'sufliit to trirs^ siiDSfiction sli3.il not t)s rGii&vcti or li3Dility iHci&ly D6C3.u.s&oi tii^ expkatiuii of the tuiin uf the bund but hliall lie subject to the provisions of law for the discharge uf a surety applicable to other bonds.
(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 tor bonds of guardians appointee! under the general guardianship laws and shall be conditioned as are such "bonds After 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 afl'ect the liability of the surety for past waste or misconduct of the guardian.
(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 for 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 to the propei office of the United States Department uf Veterans Affairs ia the mamtei1 piovided in Code
i3GCtlOH iji?-(J-J-ij. A. ^UtllXl.lfl.rt Stl3.il DG SU.tJlGi*iZ6Cl tO U13.K.C tXpfiHu.itUT6S OT 1U.11CIS 01 DtiS

2206

JOURNAL OF THE SENATE

fui the proper suppuit, maintenance, and education of the spouse or dependent child of the ward without a cum t ui dm, in the same manner as expenditures are made fur the suppoi't, maintenance, and education of the waid by certified mail to the United 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 who receives on account of his ward any numey fium 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 atcuunt 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 account 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 guardian 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 010116^5 leueived by him

from the United States, Department uf Veterans Affaiih ui fails to funiihli Hie United

States Department of Veterans Affairs a copy of his accounts as required by Code Section

29-6-12, such failure shall be grounds 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 notity the surety tor 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.

~

MONDAY, MARCH 18, 1996

2207

29-6-14.
The secretary of veterans affairs or his authuri/ed representative shall be a paily in inUiiest iii any proceeding bruuglit undei aiiy law uf this slate for the appointment ui
QlSCliflTgiS 01 tile j^Llitl Cli3.il 01 & VGt^r&il 01" GtilGl~ D^ilftIlCi3.ry GA WllOSft ciCCOliiiL Dtilicliti* cli'c
payable by the United States Department of Veleiaiib Affairs and in the aJuiiiuhlidliuii
OI ~Lil6 GSLciLt; ul 3.Hy SUCli W3.i7Q OH~~~WI1OS6 3.CCOliilt SU.CI1 DGflGItt
C1UCu&S tlSStiLS Qci'iVGu Ii70ili DftlitllLS p&iu Dy U13 LJ ill u^u kjtcitciS U^pflrtiil^ilt 01
VGtCl'flUS All&j.i'Sj 116 prGuGCGSSOi'j Oi* itS Su-CCGSSOl*. Wi'itttxj. nOtiCc 01 Lliti Liill6 3.11Q J}1&C&
tor liiiciriil^ Oii 3.iiy ^ctltiGii Ol pllCnIl^ Oi1 ill COiUlGCtiGJQ. Witri liVy JprOCcfiuUil^J piii'l/iiilllli^
tOr~Ol* 3-IreCtiil^ ill fl.iiy illtiililSr *I16 ^CliiliiliStr&tiOil 01 Lli6 GSLiiLtt OI liiy DGIlfillClcliy 01 tile
LJliiLciCi LjLctLcS Ucpai'tiilfeiilj OI VctGr&flS AlletHS SHLli~~D6 iVeil tu tH6 TjIilCc OI tlic Uililitsu.
ijtiiCcS Uc Q 3if Liilti Hi ^)I V 6L6i'(iiiS Atla-iii) llfi.Viil^ jU.1 ISuiCLiuii OV61* Lllfe Lf 3t~".il1 WillCIl tll^
COUl'tj IS luCciLcLl. 111. 6 HGtiC& Sll3.ll iilClUut; S COpy OI L116 pfititiOil Ol Otilfil1 pi63aiH cliiu.
tferi. u&yS ucIOi1^ tilG ufltG 01 ttl6^il6fl.riH^ 01^ OCIIGF ^}10C6Gu.i.il^Jj Ulll^SS OLllcFW^xS^ ^Jl^OVlClGCl^til
this chapter.
(a) The United States Department of Veterans Affairs Guardianship Unit for Georgia shall be a party in interest in any proceedings for the appointment or discharge of a guardian of a veteran or a beneficiary appointed pursuant to this chapter and in the administration 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 guardianship pursuant to this chapter shall be given by certified mail to the United States Department 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 during anyyear coming into his or her hands during any months while the guardian serves as such. If the ward receives at least $350.00 per month, the minimum tee shall be $35.00 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 101-508, known as the federal Congressional Omnibus Budget Recoiicilialkm Act of 1990, then in that event, the guardian, subject to court ap proval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by him or her from the time the disability compensation payment is discontinued or suspended until the time the disability com pensation payment is resumed.
(c) In the event that extraordinary services are rendered by the guardian, the court, upon petition and after hearing thereon, may authorize additional compensation therefor, pay able from the estate of the ward. Notice of the petition and hearing shall be given to the proper office of the United States Department uf VeUiranh 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 guaidian may also bn allowed from

2208

JOURNAL OF THE SENATE

the estate uf his ward reasonable premiums paid by him to any corporate surety upuu hit,

(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 bond.

~

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 States 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 Aft'airsT
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 3.

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 596.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Broun of 46th Brown of 26th Burton Cagle 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

MONDAY, MARCH 18, 1996

2209

Starr Stokes Tanksley

Taylor Thomas Thompson

Those not voting were Senators:

Abernathy Blitch

Bowen Kemp

Turner Tysinger
Slotin Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 596.
The following bill was taken up to consider House action thereto:

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.
Senator Ragan of the llth moved that the Senate adhere to its disagreement to the House substitute to SB 510 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0, and the Senate adhered to its disagreement to the House substitute to SB 510.
Senator Johnson of the 1st moved that the Conference Committee be instructed not to include anything in the Conference Committee report which had been ruled not germane.
On the motion, the yeas were 23, nays 7, and the motion prevailed.
The President appointed as a Committee of Conference, on the part of the Senate, the following: Senators Ray of the 19th, Hooks of the 14th and Ragan of the llth.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 339 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 339 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

1st Senator Mary Margaret Oliver 42nd District

Is/ Representative Roy E. Barnes 33rd District

Isi Senator Charles C. Clay 37th District

Isi Representative Tommy Chambless 163rd District

/s/ Senator Clay Land 16th District

/si Representative Jim Martin 47th District

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JOURNAL OF THE SENATE

Committee of Conference substitute to HB 339:
A BILL
To be entitled an Act to amend Code Section 19-7-44 of the Official Code of Georgia Anno tated, 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; to provide that the court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition; to provide for payment; to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly incapacitated or incompetent person; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to ac tions for determination of paternity and guardians ad litem, is amended by striking subsec tion (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Hie Oliilu Siiml uc umue a pdi tj' to tuc ftCliOu. 11 tlic Cliilu iS & liiiiiOi, Liic Cliilu 5llml
Dei 1 c^/icociiLcu uy & gudiuidil SCO litciii ct^r^jOiiltcCl 0V tile: uuui L.11 Lllc xJcpcii tiiitniL Or ULlilLiail lvc&Oili~Cc& iS Llic pctiLiuiici, ailu tlic COuiL CltjLci'iiiiiico tliilt ilO CGiilliCL Ot iiitci~c&t
exists, the court need not appoint a guardian. The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem."
SECTION 2.
Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provi sions relative to guardians, is amended by inserting a new Code section to be designated Code Section 29-1-2 to read as follows:
"29-1-2.
Notwithstanding any other provision of law, a person who is appointed as counsel for a ward, proposed ward, or allegedly incompetent or incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapaci tated person is not eligible to be appointed as counsel for the same individual."
SECTION 3.
Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking in its entirety subsection (b) of Code Section 29-5-6, relating to procedures for appointing guardians, and inserting in lieu thereof a new subsection to read as follows:
"(b)(l) Upon the filing of the petition, the judge of the probate court shall review the petition and affidavit, if any, and determine whether there is sufficient evidence to believe that the proposed ward is incapacitated within the meaning of Code Section 295-1.

MONDAY, MARCH 18, 1996

2211

(2) If the judge of the probate court determines that there is such evidence, the judge shall:
(A) Immediately notify the proposed ward of the proceedings by personal service of all pleadings on the proposed ward by an officer of the court;
(B) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (c) of this Code section and of the right to independent counsel and that the court will appoint counsel within two days unless the proposed ward indicates that he or she has retained counsel by that time;
(C) Give notice of the petition by first-class mail to the spouse and all adult children of the proposed ward whose addresses are known; or, if none, order notice of the petition by first-class mail to the two next of kin whose addresses are known, or, if only one, then that one; or, if none, order notice of the petition by first-class mail to two adult friends of the ward;
(D) Upon application of any interested person or on the court's own motion, consider whether to appoint a guardian ad litem, provided that the decision as to whether to appoint a guardian ad litem shall be in the sole discretion of the judge of the probate
COUI*t. 1 1\.& ' g[UU>ulLlt 3.tl litdil, IT H1 ittwWilfiy^ fllty 3.1 SO O& clppOilitGti 3.S uuiiilScl TOl1
th& prOpOSfeu W&iu, 35 plOViuSU ill &U.bpU'lgreLpll (13) OI tiUS pSrS-gl'SplV,r~U1u"111 SUCtl~~&.
CciSti Llic pfei'SGH SO ci^jjjuiiitcu. iil&y Ljc COillpGilSflttiCt DO til eiS tll cittOi'ilcy ciiliL cife titS
^Licti'u.tiiii 3u lltGlH, SiS"prOViuGCrTil SlluS^CLiuliS \&) flilfl \1/ 01 wCuG tjSCttGil ili/~0- J.oJ 3.11Q
(E) Appoint a guardianship evaluation physician or psychologist as provided in sub section (c) of this Code section.
(3) If the probate court determines that there is insufficient evidence to believe that the proposed ward is incapacitated within the meaning of Code Section 29-5-1, the judge shall dismiss the petition and provide the proposed ward with a copy of the petition, affidavit, and order of dismissal."

SECTION 4.

Said chapter is further amended by striking in its entirety subsection (e) of Code Section 29-5-13, relating to compensation and expenses, and inserting in lieu thereof a new subsec tion to read as follows:
"(e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $75.00 and actual expenses. In appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.l) of this Code section. If the attorney also serves as guaidian
ilCl litciilj lie 113.11 3.1&G IGCciV^ 101 lliS SGfViC&S LS SU.CtlT.116 Ifeft SpGCiIlcju 111 Sllu&cCLlOii \L) ^1
this Code section."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on HB 339.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Burton

Cagle Cheeks Clay Crotts Day Dean

Edge Farrow Gillis Glanton Gochenour Griffin

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JOURNAL OF THE SENATE

Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st Lamutt Land

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy
Bowen Brown of 26th Hooks

Kemp
Langford Ray Slotin

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

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 339.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assist ance Trust Fund for Individuals with Disabilities Commission; to provide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and compensation.
The Speaker has appointed on the part of the House, Representatives Ray of the 128th, Martin of the 47th and Epps of the 131st.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 10 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public administration, so as to provide for the offense of obstructing or hindering emergency medical professionals or persons working under the direction of emergency medical professionals; to clarify certain terms; to provide a defini tion; to provide penalties; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 18, 1996

2213

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, is amended in Article 2 by striking in its entirety Code Section 1610-24.2, relating to obstructing or hindering emergency medical technicians, and inserting in lieu thereof the following:
"16-10-24.2.
(a) As used in this Code section, the term:
(1) 'Emergency medical technician' means any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursu ant to Chapter 11 of Title 31.
(2) 'Emergency medical professional' means any person performing emergency medical services who is licensed or certified to provide health care in accordance with the provi sions of Chapter 11, Chapter 26, or Chapter 34 of Title 43.
(b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any emergency medical technician, any emergency medical professional, or any properly identified person working under the di rection of an emergency medical professional in the lawful discharge of the emergency medical Leihnician's official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a misdemeanor.
(c) Whoever knowingly and willfully resists; or obstructs, ui uppusus any emergency med ical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful dis charge of the bmeigency medical UjdiuiciaTi's official duties of the emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional by offering threatening or doing vio lence to the person of such emergency medical technician, emergency medical profes sional or properly identified person working under the direction of an emergency medical professional is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Marable of the 52nd moved that the Senate agree to the House substitute to SB 607.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Johnson of 2nd Johnson of 1st

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

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JOURNAL OF THE SENATE

Slotin Starr Stokes

Tanksley Taylor Thomas

Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Harbison James

Kemp Langford Ragan

Thompson (excused conferee) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed and the Senate agreed to the House substitute to SB 607.
The following bill was taken up to consider House action thereto:

SB 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic violence inter vention program; to provide for the contents and cost of such programs; to pro vide for monitoring of such offenders by the court.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to provide a Family Violence Counseling Program; to provide that the program shall be made available to cer tain inmates; to provide that a court sentencing a defendant to probation for an offense involving family violence shall, to the extent that services are available, require as a condi tion of probation that the defendant participate in a court approved family violence inter vention program or receive counseling related to family violence; to authorize other terms and conditions of probation; to provide for payment of the cost of counseling or participation in a family violence intervention program under certain circumstances; to provide that an inmate who has committed an offense which has been identified to involve family violence shall not be released on parole until such inmate has successfully completed a Family Vio lence Counseling Program; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Article 1 of Chapter 5, relating to general provisions applicable to state and county correctional institutions, a new Code Section 42-5-21 to read as follows:
"42-5-21.
The department shall provide within the correctional system a Family Violence Counsel ing Program. The program shall be made available to every person sentenced to the custody of the state who committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1; provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or to those deemed mentally incompetent."
SECTION 2.
Said title is further amended by adding between Code Sections 42-8-35.5 and 42-8-36 a new Code Section 42-8-35.6 to read as follows:

MONDAY, MARCH 18, 1996

2215

"42-8-35.6.
Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-1 shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court approved family violence intervention program or receive counseling related to family violence. Unless the defendant is indigent, the cost of such participation in the program or coun seling shall be borne by the defendant."

SECTION 3.

Said title is further amended by adding at the end of Code Section 42-9-45, relating to the general rule-making power of the State Board of Pardons and Paroles, a new subsection (i) to read as follows:
"(i) An inmate who has committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1 shall not be released on parole until such inmate has successfully completed a Family Violence Counseling Program of fered by the Department of Corrections."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Senator Clay of the 37th moved that the Senate agree to the House substitute to
SB 157.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Egan Glanton

Kemp Langford Tanksley

Thompson (excused conferee)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 157.
The following resolutions were read and adopted:

SR 719. By Senator Cheeks of the 23rd: A resolution commending and congratulating Tom Moraetes.

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JOURNAL OF THE SENATE

SR 720. By Senators Thompson of the 33rd, Lamutt of the 21st, Clay of the 37th and Tanksley of the 32nd: A resolution commending Honorable Lynda Coker.
SR 721. By Senators Thompson of the 33rd, Lamutt of the 21st, Clay of the 37th and Tanksley of the 32nd: A resolution commending Honorable Matthew A. Towery.
SR 722. By Senators Thompson of the 33rd, Lamutt of the 21st, Clay of the 37th and Tanksley of the 32nd: A resolution honoring Edward W. (Kip) Klein III.
SR 723. By Senator Griffin of the 25th: A resolution recognizing the contributions of the Georgia College chapter of Sigma Theta Tau International on its tenth anniversary.
SR 724. By Senators Stokes of the 43rd, Henson of the 55th and Thomas of the 10th: A resolution commending Reverend Kenneth L. Samuel.
SR 725. By Senators Stokes of the 43rd, Henson of the 55th and Thomas of the 10th: A resolution commending Pastor George Moore.
SR 726. By Senator Middleton of the 50th: A resolution commending Honorable Bill Dover.
SR 727. By Senators Bowen of the 13th and Ray of the 19th: A resolution creating the Senate Study Committee on the Georgia Firemen's Pension Fund.
SR 728. By Senator Dean of the 31st: A resolution recognizing the achievements of the Junior ROTC program at Paulding County High School.
SR 729. By Senators Marable of the 52nd, Ray of the 19th, Walker of the 22nd and others: A resolution commending Senator Ron Slotin.
SR 730. By Senators Cagle of the 49th, Tysinger of the 41st, Ralston of the 51st and others: A resolution commending Senator Clint Day on the occasion of his retirement from the Georgia State Senate.
The President addressed the Senate briefly.

MONDAY, MARCH 18, 1996

2217

The following bill was taken up to consider the Conference Committee report thereto:

HB 338. By Representative Barnes of the 33rd:

A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.

The Conference Committee report was as follows:
The Committee of Conference on HB 338 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 338 be adopted.

FOR THE SENATE:
/s/ Senator Edward E. Boshears 6th District
/s/ Senator Clay Land 16th District

Respectfully submitted,
FOR THE HOUSE
OF REPRESENTATIVES:
/s/ Representative Roy E. Barnes 33rd District
/s/ Representative Charlie Smith, Jr. 175th District

/s/ Senator Stephen B. Farrow 54th District

/s/ Representative John Simpson 101st District

Committee of Conference substitute to HB 338:

A BILL
To be entitled an Act to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to witness fees and mileage; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, so as to provide for in vestigative subpoenas for the production of documentary evidence in certain criminal in vestigations within the jurisdiction and powers of the bureau under certain conditions; to provide for practices and procedures; to provide for service; to provide for enforcement; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24.
The witness fee shall be $10.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance. When, but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 200 per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency, or postal money order, ot-by cashier's check, or certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."

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JOURNAL OF THE SENATE

SECTION 2.

Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, is amended by adding at the end thereof a new Code Section 35-3-17 to read as follows:
"35-3-17.

(a) In any criminal investigation within the jurisdiction and powers of the bureau involv ing murder, rape, armed robbery, Medicaid fraud, violation of the Controlled Substances Act, or public corruption, the director of the Georgia Bureau of Investigation, after ob taining approval of the district attorney of the circuit in which the investigation is pend ing, may by administrative subpoena compel the production of documentary evidence or records, including books, papers, documents, and other tangible things which constitute or contain evidence, which the director of the Georgia Bureau of Investigation or the deputy director of the investigative division finds relevant or material to a criminal in vestigation. The production of documentary evidence or records may be required any where within the state and at any place of hearing. This subsection shall not apply to any production from a defendant, which documents may be seized only on an application for a search warrant issued by a judicial officer after a finding of probable cause.
(b) An administrative subpoena issued under this Code section may be served by any sworn agent designated by the director of the Georgia Bureau of Investigation to serve it. Service upon a natural person may be made by any personal delivery of the subpoena to such person. Service may be made upon any domestic or foreign corporation or upon a partnership, limited liability company, unincorporated association, or other legal entity by delivering the administrative subpoena to an officer, to a managing or general agent, to a general partner, or to any other agent authorized by appointment or by law to re ceive service of process. The affidavit of the person serving the administrative subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey an administrative subpoena to any person or entity, the Attorney General may invoke the aid of any superior court of this state having jurisdiction over the person or entity to compel compliance with the admin istrative subpoena. The court may order the production of such documentary evidence or records. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any county in which such person may be found."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate adopt the Conference Committee report on HB 338.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

MONDAY, MARCH 18, 1996

2219

Stokes Taylor Thompson

Turner Tysinger

Those voting in the negative were Senators:

Edge Glanton

Lamutt Newbill

Tanksley

Those not voting were Senators:

Blitch Clay

Gillis Langford

Egan

Thomas Walker

On the motion, the yeas were 44, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 338.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 1256 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1256 be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator Jake Pollard 24th District

/s/ Representative Jeanette Jamieson 22nd District

/s/ Senator David Ralston 51st District

/s/ Representative Tommy Chambless 163rd District

/s/ Senator Walter Ray 19th District

Representative Bobby Parham 122nd District

Committee of Conference substitute to HB 1256:

A BILL
To be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to change the definition of "speed detection device"; to change certain provisions relating to certification to use speed detection devices; to provide for notice of certain suspensions or revocations; to pro vide for the suspension or revocation of certain permits of certain employing agencies; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the offenses of homicide by interference with an official trafficcontrol device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal; to provide for penalties; to change the defini tion of "speed detection device"; to change certain provisions related to permit require ments; to change certain provisions related to permit applications; to change certain provisions regarding testing of radar devices; to change certain provisions relating to warn ing signs required; to change certain provisions relating to unlawful use of devices; to change certain provisions relating to investigations by the commissioner of public safety; to provide for notice of certain suspensions or revocations; to provide for the suspension or

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JOURNAL OF THE SENATE

revocation of certain permits of certain employing agencies; to change certain provisions relating to administrative hearings upon permit suspension or revocation; to change cer tain provisions relating to appeal of permit suspension or revocation; to change certain provisions relating to petition for reconsideration following permit suspension or revoca tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking paragraph (11) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof the following:
"(11) 'Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name 'radar,' or any similar device, including but not limited to laser, operating under the same or similar principle, which device is approved by the Department of Public Safety for the mea surement of speed, including any device for the measurement of speed or velocity based upon the Doppler principle of radar or speed timing principle of laser."
SECTION 2.
Said chapter is further amended by striking Code Section 35-8-12, relating to certification to use speed detection devices, and inserting in lieu thereof the following:
"35-8-12.
(a) Persons employed or appointed by any agency, organ, or department of this state or a subdivision or municipality thereof authorized to use speed detection devices shall be required to be certified by the council as qualified speed detection device operators. Each person operating radar speed or laser detection devices shall satisfactorily complete a course of instruction in the theory and application of speed detection device operation as a condition for certification. The council shall establish and modify the curriculum for the course of instruction, including a minimum number of hours. Persons authorized and qualified to conduct the course of instruction required by this Code section shall be certified by the council as speed detection device operator instructors upon complying with requirements prescribed by the council. The council shall have the authority to recognize instruction received by persons subject to the requirements of this Code section if, in the determination of the council, the instruction is at least equivalent to that re quired by this chapter. If the instruction is recognized, then it shall be accepted in lieu of part or parts of the minimum hours of instruction required for speed detection device certification by this chapter. Should any person fail to complete successfully the training requirements for operation of speed detection devices, he or she shall not perform any functions related to the use of the devices until such training shall have been successfully completed and until such time as the council shall issue appropriate certification. All persons certified to use speed detection devices shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their speed detection device operators' certifications to remain in force and ef fect. The council is authorized to withdraw or suspend the certification of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the with drawal or suspension of peace officer certification to operate radar or laser speed detec tion devices.
(b) Upon the withdrawal or suspension of any certificate to operate speed detection de vices for the reasons set forth in this Code section, the executive director of the council

MONDAY, MARCH 18, 1996

2221

shall notify the commissioner. The notification shall contain the officer's name and em ploying law enforcement agency!
(c) Upon receipt from the commissioner that a speed detection device permit has been suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or suspend the certification to operate speed detection devices for every certified operator employed by the agency whose permit has been suspended or revoked. The period of withdrawal or suspension shall be consistent with the action taken by the department."
SECTION 3.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code section immediately following Code Section 40-6-395, to be designated Code Section 40-6-396 to read as follows:
"40-6-396.
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-26 commits the offense of homicide by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.
(b) Any person who, without malice aforethought, causes bodily harm to another by de priving such other person of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of subsection (a) of Code Section 40-6-26 commits the offense of serious injury by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
SECTION 4.
Said title is further amended by striking paragraph (4) of Code Section 40-14-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Speed detection device' means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety."
SECTION 5.
Said title is further amended by striking paragraph (4) of Code Section 40-14-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Speed detection device' means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety."
SECTION 6.
Said title is further amended by striking Code Section 40-14-2, relating to permit require ments, and inserting in lieu thereof the following:

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"40-14-2.
(a) The law enforcement officers of the various counties, municipalities, colleges, and uni versities may use speed detection devices only if the governing authorities of such coun ties and municipalities or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter.
(b) No county, municipality, college, or university shall be authorized to use speed detec tion devices where any arresting officer or official of the court having jurisdiction of traf fic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.
(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs full-time or part-time, certified peace officers."
SECTION 7.
Said title is further amended by striking Code Section 40-14-3, relating to application for permit, and inserting in lieu thereof the following:
"40-14-3.
(a) The governing authority of any county or municipality and the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, munici palities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation.
(b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such per mits and to prescribe the required information to be submitted by the applicants. The Department of Public Safety may deny the application or suspend the speed detection device permit for failure to provide information or documentation at the department's request?*
SECTION 8.
Said title is further amended by striking subsection (b) of Code Section 40-14-5, relating to testing of radar devices, and inserting in its place a new subsection (b) to read as follows:
"(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4."
SECTION 9.
Said title is further amended by striking Code Section 40-14-6, relating to the requirement for warning signs, and inserting in its place a new Code Section 40-14-6 to read as follows:

MONDAY, MARCH 18, 1996

2223

"40-14-6.
(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this Code section subsection.
(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the munici pality, the county boundary, or the boundary of the college or university campus JSucti signs shall be at least 30 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection?'
SECTION 10.
Said title is further amended by striking Code Section 40-14-10, relating to unlawful use of devices, and inserting in lieu thereof a new Code Section 40-14-10 to read as follows:
"40-14-10.
It shall be unlawful for radar speed detection devices to be used in any county or munici pality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such radar speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such I'adar speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor."
SECTION 11.
Said title is further amended by striking Code Section 40-14-11, relating to investigations by the commissioner of public safety, and inserting in lieu thereof a new Code Section 4014-11 to read as follows:
"40-14-11.
(a) Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing radar speed detection devices for pur poses other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device permit, the commis sioner or his the commissioner's designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or univer sity with respect to radar speed detection devices. If, as a result of this investigation, the commissioner or his the commissioner's designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
(b) Upon the suspension or revocation of any speed detection device permit for the rea sons set forth in this Code section, the commissioner of public safety shall notify the executive director of the Georgia Peace Officer Standards and Training Council of the action taken.

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(c) Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner ot public safety or the commissioner's designee shall suspend the speed detection device permit for the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council."
SECTION 12.
Said title is further amended by striking Code Section 40-14-12, relating to administrative hearing upon permit suspension or revocation, and inserting in lieu thereof a new Code Section 40-14-12 to read as follows:
"40-14-12.
Upon issuance by the commissioner of public safety of an order suspending or revoking the i adar speed detection device permit of any county, municipality, college, or univer sity, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and following the hear ing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated."
SECTION 13.
Said title is further amended by striking Code Section 40-14-13, relating to appeal of per mit suspension or revocation, and inserting in lieu thereof the following:
"40-14-13.
Any county, municipality, college, or university aggrieved by a decision of the commis sioner or deputy commissioner of public safety suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or univer sity affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be de nied the use of the ratter speed detection device until after such appeal is decided by the court."
SECTION 14.
Said title is further amended by striking Code Section 40-14-14, relating to petition for reconsideration following permit suspension or revocation, and inserting in lieu thereof the following:
"40-14-14.
At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner, petition the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use radar speed detection devices within their respective jurisdictions."

MONDAY, MARCH 18, 1996

2225

SECTION 15.

All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 1256.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Henson Langford

Oliver Stokes

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1256.
The following bill was taken up to consider the Conference Committee report thereto:
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.
Senator Gochenour of the 27th moved that the Senate suspend Rule 156 requiring that a Conference Committee report be printed and distributed one hour prior to voting.
On the motion, the yeas were 40, nays 1; the motion prevailed.

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JOURNAL OF THE SENATE

The Conference Committee report was as follows:

The Committee of Conference on SB 606 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 606 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Senator Mary Margaret Oliver 42nd District

/s/ Representative Jimmy W. Benefield 96th District

Senator Steve Thompson 33rd District

/s/ Representative Bobby Eugene Parham 122nd District

/s/ Senator Jack Hill 4th District

/s/ Representative DuBose Porter 143rd District

Committee of Conference substitute to SB 606:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for zero assessment of a driver's operating record for violation of the child safety restraint law; to change the provisions relating to maximum lawful speed limits; to change provisions relating to mandatory use of child passenger re straining systems; to eliminate certain exceptions to such mandatory use; to change penal ties; to prohibit cancellation of insurance or increase in insurance rates for such violations; to change provisions relating to use of safety belts in passenger vehicles; to change provi sions relating to penalties for violations and reporting of violations; to provide for probable cause for violations; to provide that violations of seat belt requirements shall not constitute probable cause for violations of any other Code sections; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subparagraph (cXIXA) of Code Section 40-5-57, relating to suspension of driver's licenses and the point system of operating records, and inserting in its place a new subpar agraph to read as follows:
"(c)(l)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
SECTION 1.1.
Said title is further amended by striking subsection (b) of Code Section 40-6-181, relating to maximum lawful vehicle speed limits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(cXlXA) Except as provided in subparagraph (C) of this paragraph, the points to be as sessed for each offense shall be as provided in the following schedule: Reckless driving ....................................................... 4 points Unlawful passing of a school bus ........................................ 6 points Improper passing on a hill or a curve .................................... 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour .............................................................. 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour.................................................................. 3 points

MONDAY, MARCH 18, 1996

2227

Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour.................................................................. 4 points Exceeding the speed limit by 34 miles per hour or more .................... 6 points Disobedience of any traffic-control device or traffic officer ................... 3 points Too fast for conditions .................................................. 0 points Possessing an open container of an alcoholic beverage while driving ......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident ................... 2 points Violation of child safety restraint requirements........................... . 0 points All other moving traffic violations which are not speed limit violations ...... 3 points"
SECTION 1.1.
Said title is further amended by striking subsection (b) of Code Section 40-6-181, relating to maximum lawful vehicle speed limits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No Consistent with the provision of engineering and traffic investigations regarding maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(1.1) Thirty-five miles per hour on an unpaved county road unless designated other wise by appropriate signs;
(2) Sixty-five Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which is are outside of an urbanized area of 50,000 population or more, provided that such speecTTimit is des ignated by appropriate signs; and
(3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
(4) Sixty-five miles per hour on those sections of physically divided highways without Full access control on the state highway system, provided that such speed limit is desig nated by appropriate signs; anS
(5) Fifty-five miles per hour in other locations."
SECTION 2.
Said title is further amended by striking Code Section 40-8-76, relating to safety belts and child passenger restraining systems, and inserting in its place a new Code section to read as follows:
"40-8-76.
(aXt) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.

(b)(l) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than uiie operated fur hiie a taxicab as defined by Code Section 40-9-101 or a public transit vehicle as defined by Code Section 16-5-20, wnicli is legi&tei'ed iu tliis-state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1,1983. A driver shall not be deemed

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to be complying with the provisions of this subsection unless the child passenger re straining system is installed and being used in accordance with the manufacturer's directions for such system. However, if the child is three or four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply when immediate or emergency attention is required for the child's personal needs are being atUiiiued-te.
(2KA) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $25.00 $50.00. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Depart ment of Public Safety for the sole purpose of data collection on a county by county basis.
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UiiitiSS ScliCl CHUl'CH 01 pllOllC 01 pliVLt6 SCHOOI IS lICciiSSQ iiS 3, Q.&y~C8iV& Cfilltci Dy tliiS
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poi't&ci to feciiQ ciiui'cii oi1 jpuDiic or pi'iViitii scfiGOi~~tii~t vfl.ii opsr<itfeu oy tftfc cmircn or
pU.Dl.iC Gi1 pl~IVltG SCHOOL
(c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, i989 1997. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers' Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein.
(d) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of child safety restraint requirements shall not be the basis for cancellation of coverage or increase in insurance rates."
SECTION 3.
Said title is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following:
"40-8-76.1.
(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age.
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.
(c) The requirement of subsection (b) of this Code section shall not apply to:
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;

MONDAY, MARCH 18, 1996

2229

(3) A driver or passenger possessing an official certificate or license endorsement is sued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse;
(5) A passenger vehicle with a model year prior to 1965;
(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;
(8) A passenger vehicle from which a person is delivering newspapers; or
(9) A passenger vehicle performing an emergency service.
(d) The Falluie failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat of a passenger vehicle which has a seat satiety belt shall not be considered evF dence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle.
(e)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a per son failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance and
Slickl! HOC u^ iSSUcti 3. CiLetLlOil I01n viOiLtjJ.uil Oifliiy pfOViSlOil OI 1111$ titlft Oi1 li~iy Ol uiilfl-ilCft
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comply with the provisions of this Code settiuii. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57!
(2) A person failing to comply with the requirements of subsection (b) of this Code section who i& also charged with violating Cude Section 40-0-181, Code Oecliun 40-0180, Code Section 40-0-271, Code Section 40-0-390, Code Section 40-0-391, Code Bectiuii 40-0-393, Code Section 40-0-094, ui Code Section 40-0-395 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety.
(f) Probable cause for violation of this Code section shall be based solely upon a law en forcement officer's clear and unobstructed view of a person not restrained as required by this; Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section."
SECTION 4.
This Act shall become effective July 1, 1996, and shall apply with respect to offenses com mitted on or after that date. The provisions of this Act shall not apply to or affect offenses committed prior to that effective date.

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JOURNAL OF THE SENATE

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on SB 606.
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 Cheeks Clay Day Dean Edge Farrow Gillis

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

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

Those voting in the negative were Senators:

Burton Cagle

Egan Newbill

Ralston

Those not voting were Senators:

Crotts Harbison Henson

Kemp Land Perdue

Stokes Taylor

On the motion, the yeas were 43, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on SB 606.
The following bill was taken up to consider the Conference Committee report thereto:

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.
Senator Gochenour of the 27th moved that the Senate suspend Rule 156 requiring a Conference Committee report be printed and distributed one hour prior to voting.
On the motion, the yeas were 38, nays 0; the motion prevailed.

MONDAY, MARCH 18, 1996

2231

The Conference Committee report was as follows:

The Committee of Conference on SB 510 recommends that both the Senate and the House of Representatives recede from their positions and that the House committee substi tute to SB 510 as amended by the House Ray amendment (AM 22 0384) be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE:

OF REPRESENTATIVES:

/s/ Senator George Hooks 14th District

/s/ Representative Robert Ray 128th District

/s/ Senator Walter Ray 19th District

/s/ Representative Jim Martin 47th District

/s/ Senator Harold Ragan llth District

/s/ Representative Carl Von Epps 131st District

Senator Ragan of the llth moved that the Senate adopt the Conference Committee report on SB 510.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Henson Kemp

Langford Stokes

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 510.
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:

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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 recodation of license number by the apprehending officer; to provide for suspension of license upon failure to ap pear.
The following bill was taken up to consider House action thereto:
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 recognizes 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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia annotated, relating to criminal procedure, so as to make an appeal bond discretionary for persons convicted of certain offenses; 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; to provide for the later reinstatement of current provisions relating to said matters; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a marker on the driver's license of a person convicted for a second time of driving under the influence of alcohol or drugs; uo require law enforcement officers and emergency medical technicians to examine immediately the driver's license of any person fatally injured in a motor vehicle accident or in any other type of accident to determine the victim's wishes concerning organ donation and to take certain actions related thereto; to provide for related matters; to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt certain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to provide for conditions and limitations; to provide for eyesight examinations; to amend an Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of certain drivers 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 related matters; 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 a rental car company shall be prohibited from dissemi nating or disclosing any information from a driver's operating record to any other person or entity; to provide a penalty; to provide that such access shall be provided and funded through the GeorgiaNet Authority; to provide for rules and regulations; to provide that a prosecuting 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; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, criminal cases, is amended by striking paragraph (1) of subsection (b) and subsection (g) of Code Section 17-6-1, relating to where offenses are bailable, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (b) and subsection (g) to read as follows:
"(b)(l) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At Except as provided in subsection (g) of this Code section, at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misde meanor be refused bail."
"(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The grant ing of an appeal bond to a person who has been convicted of any other crime felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any oftense delineated as a high and aggravated misde meanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies."
SECTION 2.
Said article is further amended by striking Code Section 17-6-11, relating to deposit of driver's license in lieu of bail in traffic and motor vehicle cases, and inserting in its place a new Code section to read as follow:
"17-6-11.
(a) Any other laws to the contrary notwithstanding, any person who is ane&tuJ appre hended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or Code Section 40-6-10, "but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registra tion of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such ariestiag apprehending officer, in lieu of being immedi ately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit display his or her driver's license with to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or Her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the ai testing apprehending officer and held for further action by the appropriate judi cial officer. The apprehending officer shall note the driver's license number on the official summons. A icCdpL iotn sucri liCdiSc or deposit siiiili Dft ^iv&n to sucn jj^i'SGii i)y trift iti~
3. iHOwji' V^ri-lClc UjkiGil lllt^ 11i{J[ilWiySi 01 tillS SLiiLti uUI'ili^ Cllti pftD.ClG.ttCy Olrttlc CLS(^ ill WliiCll
tile liCciiSc WctS JcpOSiLtiCl., UiiltiSS liiS liCtiiitic Oi1 |jl!Vllt;^<i iS Otriftl'WiSfi IftVGKftGj jSUS^jciiucu,
Or CclllCtillftCl, pi OViQcQ) HGWcVcl, LliciL iUCll I tiCtiipl- SH3.11 111 HO ftVciit D6 V&liCl IO1 ili*jJ, c LllcLli
40 days, unless utheiwise extended by the cumt. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.

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(b) Upon reeeipl uf the license a& bail, display of the driver's license the aimsting appre hending officer may shall release the person so charged as provided for in this CuUti het> trorr forTiis or her further appearance before the proper judicial officer as piuvided fui iu this Code sectiun and required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Safety of this state the liteme which was deposited iu lieu of bail driver's license number if the person fails to appear and answer to the charge against him or her. The commissioner of public safety shall, upon receipt of a license number forwarded by the court, suspend the driver's li cense and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court ofjurisdiction and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b.l) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin..
(c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a sus pended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.
fcftd) The commissioner of public safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section."
SECTION 3.
Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases, is amended by striking Code Section 17-6-11, relating to deposit of driver's license in lieu of bail in traffic and motor vehicle cases, and inserting in its place a new Code section to read as follows:
"17-6-11.
(a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, includ ing any offense under Code Section 40-5-72 or Code Section 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons, or in lieu of being incarcer ated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehi cle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or can celed; provided, however, that such receipt shall in no event be valid for more than 45

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2235

days unless otherwise extended by the court. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.
(b) Upon receipt of the license as bail, the arresting officer may release the person so charged as provided for in this Code section for his further appearance before the proper judicial officer as provided for in this Code section and required by the sum mons. The court in which the charges are lodged shall immediately forward to the Department of Public Safety of this state the license which was deposited in lieu of bail if the person fails to appear and answer to the charge against him. The commissioner of public safety shall, upon receipt of a license forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b.l) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin.
(c) The commissioner of public safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agree ments with other states whereby a. valid license from that state may be accepted for purposes of this Code section."
SECTION 4.
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, is amended by strik ing subsection (k) in its entirety and inserting in lieu thereof the following:
"(k) Notwithstanding any other provisions 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 from the driver. A rental car company shall be prohibited from disseminating or disclosing any information from a driver's oper ating record to any other person or entity, and any person violating this subsection shall be guilty of a misdemeanor. Such access shall be provided and funded through the GeorgiaNet 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!
(kKD) 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."
SECTION 5.
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 2 15 years of age or over while taking actual in-car training in a training vehicle other tHah a commercial motor vehicle under the direct personal supervision 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 Kducation for a driver

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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 controlled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identi fying such vehicles as training cars belonging to a driving school or 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 subsec tion (c) of Code Section 40-5-27."
SECTION 6.
Said title is further amended by striking in its entirety Code Section 17-16-8, relating to list of names and information concerning witnesses, and inserting in lieu thereof a new Code Section 17-16-8 to read as follows:
"17-16-8.
The prosecuting attorney, not later than ten days before trial, and the defendant's attor ney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify.
(b) Nothing in this Code section shall be construed to require the prosecuting attorney to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer. Instead, in such cases, the prosecuting attorney shall furnish to the defense attorney the law enforcement officer's current work location and work phone number?'
SECTION 7.
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 8.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-85 which reads as follows:
'40-5-85.
Reserved.', Section 1 of this Act shall become effective September 1, 1996. Section 2 of this Act shall become effective September 1, 1998. All other sections of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute to SB 544.

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2237

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Black and Harbison.

Those not voting were Senators:

Bowen Farrow Kemp

Oliver Ralston

Stokes Thompson

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 544.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

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

HR 1392. By Representative Murphy of the 18th: A resolution relative to adjournment.

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.

SR 399. By Senators Marable of the 52nd, Oliver of the 42nd, Thomas of the 10th and others:
A resolution creating the Joint Guardianship Rewrite Committee.

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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The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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 Bade County; to provide for terms of office.
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.
SB 786. By Senator Griffin of the 25th:
A bill to amend an Act creating the Board of Commissioners of Hancock County, as amended, so as to change the provisions relating to per diem allowances of the chairperson and members of the board of commissioners; to provide an effec tive date.
SB 787. By Senator Griffin of the 25th:
A bill to amend an Act placing the sheriff, the judge of the probate court, and the clerk of the superior court of Hancock County on annual salaries in lieu of the fee system of compensation so as to change the provisions relating to the person nel of the sheriff and the compensation thereof; to provide for budgets.
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".
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.
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

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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.
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 House has agreed to the Senate amendments to the following bills of the House:
HB 1898. By Representative Holland of the 157th:
A bill to provide a new charter for the City of Sycamore.
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 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.
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 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 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.

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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.
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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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 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 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 recedes from its position in amending the Senate amendment to the follow ing bill of the House:
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.

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The House recedes from its position in disagreeing to the Senate substitute to the fol lowing bills of the House:
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 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.
The House has adopted the report of the Committee of Conference on the following bills of the House:
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 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 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.
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 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.

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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.
HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.
HB 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.
The House has adopted the report of the Committee of Conference on the following bills 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.
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.
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.
SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assist ance Trust Fund for Individuals with Disabilities Commission; to provide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and compensation.
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

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violation of the child safety restraint law; to change provisions relating to mandatory use of child passenger restraining systems.
The House has adopted the report of the Committee of Conference on the following resolutions of the House:
HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A. Cone.
HR 884. By Representative Davis of the 60th:
A resolution compensating Ms. Margaret C. Ritchie.
The House has adopted the report of the 2nd Committee of Conference on the following bill of the House:
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.
The following resolution was read and put upon its adoption:
HR 1392. By Representative Murphy of the 18th:
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn sine die at 11:50 P.M. on Monday, March 18, 1996. On the adoption of the resolution, the yeas were 40, nays 0, and the resolution was adopted. The President announced at 11:42 P.M. that, pursuant to HR 1392, adopted previ ously, the Senate stood adjourned sine die.

INDEX

2245

Senate Journal Index
1996 Regular Session

PARTI

SENATE BILLS AND RESOLUTIONS

SB

1--Civil Actions; improper claims against persons

addressing public issues, concerns. .................

100, 653, 656

SB 2--Developmental Highways; add corridor; remove

Outer Perimeter. .................................. No action in 1996

SB 3--Public Roads; construction, maintenance; include

bicycle paths, rapid transit systems and passenger

rail service. ................................ 794, 826, 900, 918, 919, 921

SB 4--Employees Retirement; mental health community

service boards. ..................................... No action in 1996

SB 5--Perinatal Services; inclusion in state health

planning. ......................................... No action in 1996

SB 6--Parenting and Home Economics Education in Schools.

Prefiled ........................................... No action in 1996

SB

7--Alimony or Child Support; violated orders; punishment;

obligations. ........................................ 1871, 2053, 2055

SB 8--Crimes Occurring Prior to Marriage; witnesses;

spousal testimony. ................................. No action in 1996

SB 9--Public Schools; required evaluation; exemption

under accreditation. ................................ No action in 1996

SB 10--In-school Suspension Classes; supervisors;

qualifications. ..................................... No action in 1996

SB 11--Education; student curriculum based assessment;

contractors of Public Safety Department teach dangers

of alcohol and drugs. ............................... 1842, 1930, 1932

SB 12--Textbooks Requested by Local Schools; approval

procedure. ......................................... No action in 1996

SB 13--School Attendance; teenage welfare recipients;

LEARNFARE. ..................................... No action in 1996

SB 14--Limousines; vehicles for hire; certificate

requirements. Prefiled .............................. No action in 1996

SB 15--Disciplinary Actions; minimum procedures to

ensure due process. ................................ No action in 1996

SB 16--Vehicles for Hire; certificated limousine carriers;

requirements. ......................... 5, 8, 64, 81, 82, 121, 138, 150, 156

SB 18--Campaign Consulting Services; restrict certain

use of campaign funds. ................................ No action in 1996

SB 19--Vendors Who Sell or Contract With State Government;

disclosure of gifts to public employees.

563, 594, 674, 708, 714,

1520, 1939, 1940

SB 20--State School Superintendent; authority to employ

or dismiss employees. ................................. No action in 1996

SB 21--Motor Vehicle Insurance; premium reductions

for high school students ............................... No action in 1996

SB 25--POW-MIA Flag Honoring Prisoners of War, Missing

in Action; display. ..................................... No action in 1996

SB 26--State School Superintendent; authority to employ,

dismiss employees. .................................... No action in 1996

SB 27--Stone Mountain Memorial Park Natural Areas;

development restrictions. .............................. No action in 1996

2248

JOURNAL OF THE SENATE

SB 28--Legislative Services Committee; additional

members; minority leaders. ......................... .No action in 1996

SB 30--Juvenile Felony or Delinquent Acts; hearings;

notices; records. ................................... No action in 1996

SB 33--U.S. Flag; display in rooms used for election

polling places. ..................................... No action in 1996

SB 36--Telephone Companies; monthly service rates

for touch-tone phones. .............................. No action in 1996

SB 37--Driver's License; stolen license; no fees for

replacement. ...................................... No action in 1996

SB 38--Legislation Mandating Expenditure Upon Local

Governments; procedures. .......................... No action in 1996

SB 41--Official American Indian Tribe; Southern Band

Cherokees and Creeks.

No action in 1996

SB 42--Sales Tax; exemption; sales by public elementary,

secondary schools. ................................. .No action in 1996

SB 43--Cemetery Caskets or Vessels; identity of persons

interred. .......................................... No action in 1996

SB 44--State Flag; change design and description.

No action in 1996

SB 45--Insurance Agents, Adjusters; licensing; certain

personnel excluded. ................................ No action in 1996

SB 46--Education; Funding; teacher computer training;

migrant student grants; exceptional growth systems.

26, 34, 52, 67,

1647, 1772, 1776

SB 53--Inmates Convicted Sexually Violent Offenses

Requiring Registration of Residence Address; parole

conditions. ........................................ 1389, 2043, 2049

SB 56--Dry Cleaning Solvent Wastes; corrective actions

at hazardous sites. ................................. No action in 1996

SB 57--Sexual Offenses Against Females Under Age 16;

rape, child molestation, enticement for indecent

purposes........................................ . No action in 1996

SB 59--Pardons and Paroles Board; voting records;

public inspection. ............................... . No action in 1996

SB 60--Alcoholic Beverages; possession of open container

in vehicles. .....................................

. No action in 1996

SB 61--Child Support; failure to pay; contempt proceedings;

legal defense. ...................................

No action in 1996

SB 62--RESA, Regional Educational Service Agencies;

reorganize service areas. .........................

No action in 1996

SB 63--Hearing Impaired Education; consolidate into

single school for deaf. ...........................

No action in 1996

SB 64--At-risk Youth; school dropouts; after-school

academic program grants. .......................

No action in 1996

SB 65--Driver's License; suspension; DUI offenses

by persons under age 18. ........................

No action in 1996

SB 66--DUI; evidence of intoxication; test results

of 0.08 blood-alcohol.

No action in 1996

SB 67--District Attorneys; retirement; spouse benefits

coverage. ....................................... 135 165, 195, 197, 1387

SB 68--Public Schools; home economics instruction

to include parenting. ............................

No action in 1996

SB 69--Public Health Violations; injunction cases;

appeals; enforcement. ...........................

No action in 1996

SB 70--Emergency Medical Services; trauma victims;

pre-hospital care. ...............................

No action in 1996

INDEX

2249

SB 71--American Heritage in Education; affirmations or documents; use of historic landmarks as facilities.
SB 72--Firearms Protection for Minors Act; offense of criminal storage. ...............................
SB 73--Minority Business Participation in State Contracts; bid opportunity. ..................................
SB 74--Intercepting Private Communication Which Invades Privacy of Another. ...............................
SB 75--Persons Handling Food; health certificates; wear gloves, hair nets. ............................
SB 76--Income Tax; exemption; employers hiring or training minors. ..................................
SB 77--Juvenile Court Orders for Counseling; noncompliance punishment. ......................................
SB 78--Inmates; probation conditions; court ordered community service. ................................
SB 79--DUI; habitual violators; impound license plates; eliminate pleas; sentencing; minors, zero tolerance, curfew hours, seat belts. ...........................
SB 80--Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ......................................
SB 82--Employment, Education or Contracts; prohibit preferential treatment. ............................
SB 83--Students Enrolled Private Schools; advanced placement exam fees. ..............................
SB 84--Sheriffs; qualifications to take office; peace officer certification. ................................
SB 85--Electrolysis; permanent hair removal; regulation of electrologists. .................................
SB 86--Ad Valorem; property sold during taxable year; apportionment of taxes. ............ ..............
SB 87--Abandoned Vehicles; lien foreclosures; judgment for attorney's fees. ................................
SB 88--Tax Executions for Ad Valorem Property Taxes; consent to transfer. ..............................
SB 90--Education Department; eliminate food-processing program funding. .................................
SB 91--Firemen's Pension Fund; benefits; increase monthly pension. .................................
SB 92--Handicapped Parking Privileges; veterans awarded Purple Heart......................................
SB 94--Plea of Mental Incompetency to Stand Trial; commitment of defendant. .........................
SB 95--Health Care Providers; peer review; confidentiality of proceedings. ....................................
SB 96--Environmental Assessment; sales of commercial, industrial facilities. ...............................
SB 97--Proposed Bills Affecting Residential Housing Costs; impact statement. ..........................
SB 98--Driver's License; issuance to minors; school academic requirements. ...........................
SB 100--Nonpublic Postsecondary Education Commission; powers; tuition equalization grant funds. ............
SB 101--State Agencies; actions contesting agency rules; commencement. .............................

No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996
No action in 1996 No action in 1996 No action in 1996 No action in 1996 . No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996 No action in 1996

2250

JOURNAL OF THE SENATE

SB 102--Death Penalty Habeas Corpus Actions; procedural

rules; filing. ..................................... . .... No action in 1996

SB 104--Fishing; commercial boats; restrict issuance

of new licenses. .................................. . .... No action in 1996

SB 106--Firearms; retail sale, transfer; purchaser

background records check.

. .... No action in 1996

SB 107--Litter Control; criminal littering; fines

specified by state law. ........ ...................

No action in 1996

SB 108--Municipal Environmental Courts; provide; litter,

dumping controls. ................................

No action in 1996

SB 109--Handguns; pistols, revolvers; only one purchase

within 30-day period. .............................

No action in 1996

SB 110--Witnesses; victims of crime; order of testimony;

presence at court. ........ .......................

No action in 1996

SB 112--Public Assistance; fraud; accepting ineligible

AFDC benefit payments. ..........................

No action in 1996

SB 117--Family Violence Cases; superior court costs;

total sum of fee. .................................

No action in 1996

SB 118--DUI; persons under age 21; zero tolerance

of alcohol over .02 grams.

135, 165, 195, 226, 267, 317, 324

SB 119--Public Assistance; AFDC grants; children required

attend school. .... ..............................

No action in 1996

SB 120--Child Custody; parent visitation; findings

of family violence. ................................

No action in 1996

SB 121--DUI; eliminate accept plea of nolo contendere

to charges. ......................................

No action in 1996

SB 122--Firearm Serial Numbers; computer database;

citizen 'Dial Gun Check'. .........................

No action in 1996

SB 123--Indian Tribes; legal recognition; create indian

housing authorities. ..............................

No action in 1996

SB 124--Child Abuse; admissible testimony; statements

of child to another. ....... .......................

No action in 1996

SB 127--Vehicles or Trailers; liens; exclusion; certain

rental agreement. ................................ . .... No action in 1996

SB 128--General Assembly; jointly sponsored bills,

resolutions; authorize. ............................

No action in 1996

SB 130--Children; parent or guardian prohibited sell

or offer for sale. ..................................

No action in 1996

SB 135--Voting in Primaries; nominating political

party candidates; ballots.

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

No action in 1996

SB 136--Property Deeds; recordation; inclusion of

tax map and parcel number.

No action in 1996

SB 139--Pardons and Paroles Board; public documents;

actions and findings. .............................

No action in 1996

SB 140--Sexual Offenses Against Children Under Age

16; rape, molestation. ............................ . .... No action in 1996

SB 141--Juvenile Courts; judge pro tempore; appointees

from state court. ................................. . .... No action in 1996

SB 142--Insurers; surplus line placement; financial,

solvency conditions. .............................. . .... No action in 1996

SB 143--Guardians; appointment in emergencies when

ward needs medical care.

No action in 1996

SB 144--Agency Relationships; power of attorney documents;

execution; filing. .................................

No action in 1996

SB 145--Financial Power of Attorney; naming person

to handle affairs. ................................. . . . . . No action in 1996

INDEX

2251

SB 146--Guardians; appointment for incapacitated adults;

change criteria. .................................. . .... No action in 1996

SB 147--Guardians for Wards, Incompetent Persons;

persons serving as counsel. ....................... ... No action in 1996

SB 149--Employees Retirement; benefits; members with

33 years of service. ............................... . .... No action in 1996

SB 150--State Agencies Proposing to Relocate Operations;

economic impact. ................................. ............. 5, 8, 594

SB 151--Motor Vehicle Insurers; valid cancellations;

notice procedure. .................................

No action in 1996

SB 152--Insurers; monetary penalties for violations;

aggravating factors. .............................. .... No action in 1996

SB 153--Used Car Dealers; sales or leases; disclose

to purchaser other liens. ..........................

No action in 1996

SB 154--Inmates; parole conditions; offenses indicating

alcohol, drug usage. ..............................

No action in 1996

SB 155--Peace Officer and Prosecutor Training Fund;

allocations; state and local officer training. .........

No action in 1996

SB 157--Family Violence Intervention Program Within

Correctional System; inmate counseling; condition of

parole. ........................................... . . . . . 2201, 2214, 2215

SB 158--Persons With Disabilities; educational grants;

use of lottery funds. ............................... . ... No action in 1996

SB 159--Offense of Cruelty to Children; define first,

second degree offenses. ............................ ... 1389, 2056, 2057

SB 160--Felony Crimes; handling issues of mental competency

to stand trial. .................................... . ... No action in 1996

SB 163--Firemen's Pension Fund; dual membership; Peace

Officers Benefit Fund. ............................ 135, 165, 195, 201, 700

SB 164--Richmond County; ad valorem school taxes;

exempt senior citizens. ............................ ............ 486, 488

SB 165--Branch-Banking; expansion; comply with Community

Reinvestment Act, ................................ ............ 146, 149

SB 168--Contractual Agreements; dispute resolution;

arbitration; mediation. ............................ . ... No action in 1996

SB 169--Outdoor Advertising Signs; tree or vegetation

cutting prohibited. ................... 706, 728, 764, 783, 1388, 1797, 1800

SB 171--Use of Deadly Force in Self Defense; require

every head of household maintain a rifle, shotgun or

pistol. ...........................................

No action in 1996

SB 172--Criminal Trials; witnesses, jurors; accepting

money for information. ...........................

No action in 1996

SB 173--QBE; local fair share; retention of funds;

increased student count. ..........................

............. 5, 8

SB 174--QBE; local fair share funds; alternative method

to calculate. .....................................

No action in 1996

SB 175--QBE; midterm adjustment amount relative training

and experience. ..................................

No action in 1996

SB 178^Jekyll Island State Park; undeveloped land;

development restrictions. .........................

No action in 1996

SB 179--Nonperpetual Care Cemetery; burial space;

certificate of operation. ...........................

No action in 1996

SB 180--Judgments; rate of interest; method to calculate;

notice of rate. ....................................

No action in 1996

SB 181--County Governing Officials; eligibility; educational

requirements. ..................

No action in 1996

2252

JOURNAL OF THE SENATE

SB 182--Civil Actions; consolidation of actions; repeal consent of parties. .................................... No action in 1996
SB 183--Felony Crimes; arrest powers of sheriffs or police officers. ........................................ No action in 1996
SB 184--Boards of Education; members; nonpartisan election without primary. .............................. No action in 1996
SB 185--Insurers of Credit Transactions; vendors' collateral; licensing. ................................... No action in 1996
SB 186--Firemen's Pension Fund; members; increase eligible firefighters. ................................... No action in 1996
SB 189--Elections; polling places; spouses occupying voting booth together. ................................. No action in 1996
SB 190--Students; compulsory school attendance; earlier enrollment age. ....................................... No action in 1996
SB 191--Criminal Trials; witnesses, jurors; prohibit selling of information. .............................................. 5, 8
SB 192--Elections; 1996 general primary and primary; change dates; polling places outside precinct boundaries certain counties. ..................................... 411, 957, 959, 960
SB 196--High School Students; community service requirements. No action in 1996 SB 198--False ID; possession with intent to defraud
or deceive; penalties. .................................. No action in 1996
SB 203--License Plates; special; WWII veterans who served Eighth Air Force................................ No action in 1996
SB 207--Insurance Adjusters; licensure; exempt certain salaried employees. ................................... No action in 1996
SB 208--Insurance Fraud; funding investigation and prosecution expenses. ................................. No action in 1996
SB 209--Family Violence Victims; notice of offender release; resource information shall be provided by law enforcement, courts. ............................... No action in 1996
SB 210--Rape, Aggravated Sodomy; evidence; medical exam costs; marital relationship; required victim information. ........................................... 1389, 1643, 1645
SB 211--DUI; convicted drivers; issuance of distinctive, marked licenses. ...................................... No action in 1996
SB 212--Teachers; instructional periods; class sizes; maximum students. ................................... No action in 1996
SB 213--State Employees; wage incentive sanctions; abusive public behavior. ............................... No action in 1996
SB 214--Education Targeting At-risk Students; additional grant program. ....................................... No action in 1996
SB 215--Local Government; property rezoning; reconsidering defeated actions. ...................................... No action in 1996
SB 216--Local Government Fiscal Impact Act; compliance time period; hardship. ................................. No action in 1996
SB 217--Vehicles Performing Work on Street or Highways; flashing lights.................................... 107, 119, 138, 167, 168
SB 218--Public School Personnel; decreases in local salary supplements. ................................... No action in 1996
SB 219--Child Custody; interference with visitation of noncustodial parent. ............................... 5, 8, 670, 797, 802
SB 220--Small Employer Health Benefit Plans; benefits, exclusions, coverages. ................................. No action in 1996
SB 221--Superior Court; Conasauga Judicial Circuit; fourth judgeship....................................... No action in 1996

INDEX

2253

SB 222--Inmate Reimbursement to Counties and Municipalities Act of 1995. .......................................... No action in 1996
SB 225--District Attorneys; Retirement System; retirees; private criminal law practice. ......................... 135, 165, 195, 206
SB 226--Counties; expenditure of funds; prohibited employee cash benefits. ................................ No action in 1996
SB 227--Child Support Recovery; noncomplying occupational business licensees. .......................................... 2121, 2132
SB 228--Inmates; special school district for youth; adult training. ........................................ No action in 1996
SB 231--Civil Practice; venue and jurisdiction over nonresident defendants. ............................... No action in 1996
SB 232--Beauty Pageants; contests; prizes are offered; notices; bonds. ........................................ No action in 1996
SB 233--Genetic Testing; information derived; disclosure violations. ............................................ No action in 1996
SB 234--Witnesses; spousal testimony in certain criminal proceedings. .......................................... No action in 1996
SB 235--Charter Schools; contracts for a special school; criteria; procedure. .................................... No action in 1996
SB 236--Smoking, Using Tobacco Products in Places of Employment Prohibited. ............................. No action in 1996
SB 237--Health Care Insurers; rights of participating providers in disputes. ................................. No action in 1996
SB 238--Auto Liability Insurance; dishonored check; cancellation of coverage. ............................... No action in 1996
SB 240--Random Drug Testing; certain elected state officers; procedures. ................................... No action in 1996
SB 242--Bank Certificates of Deposits; local governing bodies investments. ................................... No action in 1996
SB 244--Environmental Laws; noncompliance; factors; trade secrets in reports. ............................... No action in 1996
SB 245--Motor Vehicles; owner registration; 12-month staggered period. ..................................... No action in 1996
SB 246--Child Custody; granting visitation rights to noncustodial parent. ................................ No action in 1996
SB 247--Surviving Children of Veterans or National Guard; educational grants. ............................. No action in 1996
SB 249--Legal Services; cause of action for false advertising; damages. ................................. No action in 1996
SB 251--Vehicle Emission Inspection Stations; centralized testing prohibited. .................................... No action in 1996
SB 252--Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ............................... No action in 1996
SB 253--Fraudulent Issuance of Personal ID Cards; untruthful identification. .............................. No action in 1996
SB 255--Delinquent Children; malicious property damage; parent liability. .............. No action in 1996
SB 262--Medical School Loans; facilities where services rendered repay loans. .............................................. 460
SB 264--Superior Court; Cobb Judicial Circuit; eighth judgeship. ............................................ No action in 1996
SB 265--Driver's License; applicant exam, tests written in English language. ............................................... 5, 9
SB 266--Georgia Indian Affairs Commission; create. .............. No action in 1996

2254

JOURNAL OF THE SENATE

SB 267--Waste-water; sludge residue; disposal sites located other counties.................................. No action in 1996
SB 268--Sexual Harassment in Work Environments; prohibitions; posting signs. ........................................ No action in 1996
SB 269--Pawnbrokers; advertising restrictions; failure to secure firearms. ................................... No action in 1996
SB 270--Zoning Actions Impacting Neighboring Counties; review procedures. .................................... No action in 1996
SB 272--Trials; felony cases; witnesses; disclosure of personal information. ............................... No action in 1996
SB 274--Food Service Establishments; permits; food safety training. ...................................... No action in 1996
SB 275--Public Employees Labor Relations; collective bargaining procedures. ................................ No action in 1996
SB 276--Municipal Probation Systems; collection of delinquent fines. ...................................... No action in 1996
SB 277--Civil Actions; executions; written notice of levy on land. ....................................... ............ 2076
SB 278--Superior Court; Alcovy Judicial Circuit; third judgeship. ............................................ No action in 1996
SB 280--Motor Vehicles, Mobile Homes; registration period; special plates. ................................. 1852, 1941, 1953
SB 282--Students Enrolled Private Schools; payment of AP exam fees. ...................................... No action in 1996
SB 283--Witnesses; methods to take testimony in nonstenographic form. ................................................ . . . . 160, 374, 378
SB 285--Felony Crimes; repeat offenders; ineligible Probation Boot Camp. ................................. No action in 1996
SB 287--State Patrol; eligibility, change age requirement; radio operators, license examiners; retention of badge. ........ 701, 765
SB 288--Commercial Motor Vehicles; operator disqualifications. No action in 1996
SB 290--Child Support; computation; gross income and special circumstances. ................................. No action in 1996
SB 291--Professional Practices Commission; members; expense reimbursement. ............................... No action in 1996
SB 292--Juvenile Court Judges; judicial training seminar; certification. .......................................... No action in 1996
SB 294--Professional Practices Commission; hearings involving educators. ................................... No action in 1996
SB 295--Technology Related Assistance for Individuals with Disabilities Act. .................................. No action in 1996
SB 296--Teachers, Other School Personnel; fraudulent credentials; penalties. ................................. No action in 1996
SB 297--Revenue Bonds; maturity date; limitation of term of project financed. ............................... No action in 1996
SB 298--AFDC Child Recipients; LEARNFARE pilot program; school attendance. .................................... No action in 1996
SB 299--Private Industry; reemployment rights; absence due military service. .................................. No action in 1996
SB 300--Pharmaceutical Drugs; pricing; restrict government purchases. ........................................... No action in 1996
SB 301--Workers' Compensation; benefits; false statements to obtain; penalty. .................................... No action in 1996
SB 302--Junkyards, Salvage Yards; location; screening; actions against owner. ................................. ........... ..5, 9

INDEX

2255

SB 303--Land Surveyors; damage actions against; period of limitation. ......................................... No action in 1996
SB 304--Macon Water Commissioners-Pension Plan; retirees; increase benefits. ............................... 135, 165, 195, 207, 1135
SB 306--Superior Court; Western Judicial Circuit; third judgeship. ....................................... No action in 1996
SB 308--Investment of Funds by State Entities; permitted investments. .......................................... No action in 1996
SB 309--Prescribed Drugs; generic substitution; therapeutic equivalence. .......................................... No action in 1996
SB 310--MARTA; board of directors; chairman, members; compensation. .................................................... 1215
SB 311--Trial Juries; Jury Power Restoration Act. ............... No action in 1996
SB 312--Branch-Banking; establishment at any location within state. .......................................... No action in 1996
SB 313--Capital Felonies; death penalty cases; sentencing jury unable render verdict; trial expenses, reimbursement to counties. ........................................... No action in 1996
SB 314--Business or Occupation Taxes; local levy; classification criterion. ................................. No action in 1996
SB 315--Georgia Youthbuild Program; employment skills training; apprenticeships. .............................. No action in 1996
SB 316--Trade Secrets; redefine; include information on customers, suppliers. ................................ 1216, 1317, 1318
SB 319--Outdoor Advertising Signs on Public Roads; redefine terms, policy. .............................................. 5, 9
SB 321--Highways; outdoor advertising; tree trimming permits; fees. ......................................... No action in 1996
SB 322--Rail Passenger Authority Law; projects; regional or state-wide plan. .................... ............... No action in 1996
SB 323--Workers' Compensation; benefits; fraudulent claims, advertisements; corporate exemptions; subrogation liens; compensable cases. .............................. No action in 1996
SB 324--School Facilities; reading, posting documents of history or heritage. ................... 6, 9, 190, 226, 267, 317, 325, 328
SB 325--Superior Court; Augusta Judicial Circuit; additional judgeship. .................................. No action in 1996
SB 327--Abortion; Woman's Right to Know Act; informed consent. .............................................. No action in 1996
SB 329--Capital Felonies; death penalty cases; sentencing, deadlocked juries. .................................................. 6, 9
SB 330--Insurance Licensing Testing Services; agreements; charges. .............................................. No action in 1996
SB 333--Employment; probationary period; terminating permanent employees. ................................. No action in 1996
SB 334--Motor Vehicle; liability of accident damages; coverage required. .................................... No action in 1996
SB 335--Product Packaging; require biodegradable or recyclable containers. ................................. No action in 1996
SB 337--Legislative Information; public distribution through GeorgiaNet. ............................................... 6, 9
SB 339--Mental Health Community Service Boards; funding allocations. ........................................... No action in 1996
SB 340--Elections; county, municipal officers; term limitations. ........................................... No action in 1996

2256

JOURNAL OF THE SENATE

SB 341--Offense of Simple Battery Involving Family Violence; 3rd conviction. ............................... No action in 1996
SB 342--Construction Industry Licensing Board, Roofing Contractor Division. ................................... No action in 1996
SB 343--Secretary of State, Office of; powers; agency rules or regulations. ................................... No action in 1996
SB 344--Fulton County; Library System; board of trustees; membership. ......................................... No action in 1996
SB 346--License Plates; special; retention by retired military reservists. .................................... No action in 1996
SB 347--Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ...................................... No action in 1996
SB 348--Child Custody; considerations; awards in best interest of child. ....................... 134, 165, 195, 208, 210, 224, 226, 1388, 2078, 2080, 2201
SB 350--Augusta-Richmond County Commission-Council; consolidation. ......................................... No action in 1996
SB 351--Structural Pest Control Businesses; licensure; applicant exams. ...................... 100, 1248, 2051, 2059, 2088, 2092, 2094, 2242
SB 352--Augusta, City of; Corporate Limits; change boundaries. ........................................... No action in 1996
SB 355--Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ............................... No action in 1996
SB 356--State Employees; grievances; uniform four-step filing procedures. ..................................... No action in 1996
SB 359--Cemetery Owners; failure to maintain property or burial merchandise. ................................ No action in 1996
SB 360--Retail Motor Fuel Outlets; signs indicating no rest room facilities. ................................. No action in 1996
SB 362--Tuition Equalization Grants at Professional or Business Schools. ................................... No action in 1996
SB 365--Grandparent Visitation Rights; disputes; guardian ad litem; mediator. .................................... No action in 1996
SB 366--Council for Civic Renewal; intergovernmental resources coordination. ............................................ 6, 10
SB 368--Rehabilitation Counselors; licensure; exemption; national certification. ............................ 314, 353, 388, 393, 1607
SB 369--Vehicle Accidents; commercial solicitation of victims prohibited. .................................. No action in 1996
SB 370--MARTA; board of directors; members representing State; designee. ....................................... No action in 1996
SB 372--DeKalb County; Board of Commissioners; agenda for meetings; contracts. ........................... 1392, 1394, 1398, 1465
SB 373--Individual Medical Care Savings Accounts and Trusts; establishment. ................................. No action in 1996
SB 376--Fulton County; Office of County Manager; creation. ...... No action in 1996 SB 378--Public Assistance; AFDC parent; income considerations;
man in house. ........................................ No action in 1996
SB 379--Public Assistance; AFDC benefits; both parents living in home; wages. ................................. No action in 1996
SB 380--Public Assistance; AFDC recipients under age 18; live parent's home. ................................ No action in 1996
SB 381--Public Assistance; estimated costs; survey and statistical summary. .............................. No action in 1996

INDEX

2257

SB 382--AFDC Benefits; when birth of a child disqualifies additional money. ..................................... No action in 1996
SB 383--AFDC Money Payments Terminated After Certain Date; work incentive. .................................. No action in 1996
SB 384--AFDC Recipients; participation in Work for Welfare Program required. ............................. No action in 1996
SB 386--Theft; misdemeanor shoplifting; increase maximum property value. .................................... 943, 994, 1032, 1058
SB 387--Southern Regional Emergency Management Compact; enact. ............................................................ 1387
SB 388--AFDC Recipients; employment incentive; PEACH Program support service. .............................. No action in 1996
SB 389--Dental Hygienist Working in Nursing Homes, Hospitals; supervision of. .............................. No action in 1996
SB 390--Augusta-Richmond County Commission-Council; unification of powers. .................................. No action in 1996
SB 392--Sex Education Courses; parental consent; duty of local school boards. ......................................... 942, 994
SB 393--Mortgage Lenders; residential property; interest on escrow accounts. ................................... No action in 1996
SB 394--Revenue Agents, Enforcement Officers; retention of weapon and badge. ............................................... 843
SB 395--Disabled, Elderly Adults Believed Exploited by a Caretaker; reports. .............. 314, 353, 388, 395, 1273, 2057, 2058
SB 396--Offense of Contributing to Delinquent Acts of a Minor; penalties. ................................... 1216, 1238, 1241
SB 397--Family Violence; redefine offenses; victim review of incident report. .............................. No action in 1996
SB 403--Notaries Public; execution of performance bonds; amount. ...................................... 135, 165, 195, 210
SB 405--Federal Regulatory Mandates Upon State Resources; state policy. .......................................... No action in 1996
SB 406--Inmates; crimes committed while in prison; service of sentences. ................................... No action in 1996
SB 407--Private Companies; contracts for public services; competitive system. ................................... No action in 1996
SB 409--Chiropractors; scope of practice; order magnetic resonance studies. ................................... 727, 760, 900, 909
SB 410--Delinquent, Unruly Children; disposition of a nonresident child. ................................... No action in 1996
SB 411--License Plates; special; issuance for retired military reservists. .................................... No action in 1996
SB 412--Lithia Springs, City of; Corporate Limits; exclude any portion of Austell. ......................... No action in 1996
SB 413--Powder Springs, City of; Corporate Limits; change. .............................................. No action in 1996
SB 415--State Railroad Museum; Central of Georgia Railroad Shops; Savannah. ........................................ 1135
SB 416--Volunteer Fire Departments; formation of nonprofit corporations. .................................... 191, 221, 267, 317, 328
SB 417--Health Care Policy Contrary Certain Beliefs; alternative selections. ............................................. 6, 10
SB 418--Trade Secrets; offense of theft; definitions; penalties; litigation. ................................... No action in 1996
SB 420--Offense of Disorderly Conduct and Offense of Harassing Phone Calls. ............................. No action in 1996

2258

JOURNAL OF THE SENATE

SB 421--Civil Cases Involving Injury or Disease; evidence;

medical reports. ................................... No action in 1996

SB 422--Municipalities; alcoholic beverage licensees;

residency requirement. ............................. 415, 465, 566, 580

SB 423--Child Support; orders to maintain life insurance

to benefit child. .................................... No action in 1996

SB 424--Richmond County; Board of Elections and Registration;

provide for. ........................................

.... 486, 488

SB 425--State Park Facilities; sublease Maple Creek

site, West Point Lake. .............................. No action in 1996

SB 426--Retail Businesses; payment of royalties for

using copyrighted music. ........................... No action in 1996

SB 427--Nuclear Power Plant Owners; decisions to ban

employee of contractor. ............................. .No action in 1996

SB 428--School Systems; multiyear contracting powers;

limitations. ................................. 463, 487, 731, 734, 1270

SB 429--Teachers; certificated personnel; exemption;

certain written testing. ...................... ...... No action in 1996

SB 431--Correctional Industries; inmate labor; public

and private assignment. ............................... No action in 1996

SB 432--HOPE Scholarship; qualifying students; public

assistance recipients. ........ No action in 1996

SB 434--State Courts; enforcement of judgments; deferred

partial payments. ..................................... No action in 1996

SB 435--County Juvenile Detention Employees; transferees;

retirement. ................. 314, 353, 388, 418, 420, 422, 1216, 1248, 1257

SB 438--License Plates; special; motorcycles; handicapped

persons; antiques. ................................. No action in 1996

SB 439--State Employees; Retirement System; creditable

service; out-of state service. ........................ No action in 1996

SB 440--Motor Vehicle Repair Shops; customer rights;

cost estimate, charges. ............................ No action in 1996

SB 441--Workers' Compensation; medical services providers;

billing errors. ..................................... No action in 1996

SB 442--Tidewaters and Navigable Waters; permits for

structures; time period. ............................ No action in 1996

SB 443--DUI; nonresident offender; increased fines

in lieu community service. ......................... No action in 1996

SB 444--Evidence; admissibility of videotapes; vehicle

or traffic violations. ............................... . No action in 1996

SB 445--Grants to Local School Systems from Lottery

for Education Account. ............................ No action in 1996

SB 446--Two Strikes and You're Off Act; public assistance

fraud; enact. ......................................

1874, 2049, 2051

SB 447--Local Government; Budgets and Auditing Procedures;

statutory construction. ............................ . No action in 1996

SB 448--Insurance; coverage of personal property changing

in its specifics. .................................... No action in 1996

SB 449--Senatorial District 33; change composition. .......... No action in 1996

SB 451--State Agencies; proposed rule adoption; prohibit

during certain time. ............................... . No action in 1996

SB 452--Georgia Board of Athletic Trainers and Massage

Therapists; create. ................................ 415, 465, 566, 580

SB 453--Augusta, City of; Corporate Limits; annex

certain territory; referendum. ...................... No action in 1996

INDEX

2259

SB 454--Peace Officers; retirees of local agencies; carrying of pistols. .................................... No action in 1996

SB 459--Bartow County; Board of Education; advisory referendum on election districts. ................... 218, 1146, 1153, 1390

SB 460--Telephones; specialized telecommunication TDD devices; distribution. ............................ 221, 263, 317, 333

SB 465--Real Estate; appraisal reports; reviews; conflicts of interest. ........................................... No action in 1996

SB 476--School Buses Employed Atlanta Public Schools; passenger seat belts. .................................. No action in 1996

SB 479--Health Insurance Managed Care Plans; patient, provider rights. .......................................... .......... 19

SB 480--State War Veterans' Home; privatized operations; prohibitions. ...................................... 19, 594, 671, 708, 719

SB 481--State Institutions; private operation of; prohibitions. ...................................... 75, 594, 671, 708, 719

SB 482--Newborn Baby and Mother Protection Act; enact. ......... 27, 95, 107, 121, 122, 126, 1216, 1224, 1226

SB 483--State Board of Education; per diem allowance, transportation costs. ......................... 19, 106, 119, 138, 167, 170

SB 484--Peace Officer Standards and Training Council; abolish; name successor agency.

19, 854

SB 485--Public Safety, Board of; law enforcement training duties. ............................................................. 20

SB 486--Consumer Choice in Electricity Act.

.................... 101

SB 487--Ad Valorem; assess state property for local services in lieu of tax. ............................................... 20

SB 488--Dade County; Probate Court; judge; nonpartisan nomination, election. .......... .......................... 20, 64, 66, 160

SB 489--Lobbyists; independent expenditures; file report; prohibited actions. ........................................... 20

SB 490--Drug Tests Required of Temporary Employees; employer pay test costs. ............................................. 20

SB 491--Income Tax; job tax credit; employing persons with disabilities. ...................... ............................. 20

SB 492--Interstate Banks and Branching by Merger; governance of acquisitions. ................... 21, 414, 465, 490, 537, 1134

SB 493--Child Abuse; State-wide Prevention Panel; administrative agency. ................ 21, 50, 65, 81, 82, 1216, 1287, 1288

SB 494--Controlled Substances or Marijuana Felony Cases; pretrial procedure. .............. 21, 50, 65, 81, 83, 1647, 2069, 2070

SB 495--Pharmacists, Pharmacies; Licensing; exams; reciprocity; sanctions; prohibited acts; pharmacy service area specifications. ................ 21, 95, 107, 121, 126, 1608, 1743, 1750

SB 496--Nonuniform Court Pilot Programs; submission of proposals; review. ........................ 21, 262, 315, 357, 367, 1215

SB 497--Lower Chattahoochee Pollution Reparation Commission, Loan Program. ..................................................... 21

SB 498--Manufacture and Sale of Counterfeit Goods; criminal penalties. ............... 22, 261, 315, 357, 369, 1529, 2062, 2066

SB 499--Elections; County Boards, Superintendents; ineligible persons; vacancies. ....................... 22, 96, 107, 121, 127, 1608, 2052, 2053

2260

JOURNAL OF THE SENATE

SB 500--Water Pollution; Chattahoochee River or Its Tributaries; violations by sewer wastewater treatment plants; penalties; sanctions. ............. 22, 134, 165, 195, 213, 216, 1615, 1660, 1664, 1752, 1777, 1814, 1865, 1869, 1909
SB 501--Solid Waste Disposal Sites; cities of 1,500; location restriction. ................................................. 22
SB 502--Solid Waste Disposal Facility; cities of 1,500; county approve site. ................................................. 22
SB 503--Municipalities 120,000 or More; litter control; business license fee. ................................................. 23
SB 504--Driver Education Training; student license exemption; eye exams. ............................. 23, 384, 415, 468, 469
SB 505--Learner's Permit While Taking Instruction; exempt drivers 21 or over. .................... 23, 134, 165, 195, 225, 227
SB 506--Elections; Write-in Candidates; filing; date; negative drug test. ................................ 27, 220, 263, 317, 333
SB 507--Public Schools; voluntary prayers, devotions, classes on morals. ................................................... 27
SB 508--Body Piercing of a Minor Without Parent Consent Prohibited; penalty. .................... 27, 106, 119, 138, 167, 170, 1136, 1326, 1327, 1526, 1527
SB 509--Objects Packaged Like Drug Paraphernalia; prohibit sale to minors. .............................................. 28
SB 510--Technology Related Assistance for Individuals with Disabilities Act. ......................... 28, 134, 165, 195, 225, 228, 2120, 2156, 2161, 2201, 2209, 2212, 2230, 2231, 2242
SB 511--Peace Officers; indictments; crime occurring in performance of duty. .............................................. 28
SB 512--Criminal Procedure; felony cases; discovery; law enforcement witness. .......................... 28, 415, 465, 490, 552
SB 513--Family Violence Shelters; DHR approval; eligibility for funding. ................................ 28, 314, 353, 388, 396, 2238
SB 514--Inmates; frivolous or malicious court actions; dismissal; costs. .................................................... 28
SB 515--Driver's License; extend driving privileges of certain 15 year olds. ....................... 29, 135, 165, 196, 225, 229
SB 516--Local School Boards; new members; accounting and finance training. ........................ 29, 353, 385, 418, 426, 1657, 1937, 1939
SB 517--Local School Boards; new members; school finance training. ......................................... 29, 353, 385, 418, 428
SB 518--Local School Boards; financial operations statement; publication. ............................ 29, 353, 385, 418, 429
SB 519--Official State Language; designate English. ................. 29, 106, 119, 138, 167, 172, 1658
SB 520--License Plates; special; Shriner hospitals for handicapped children. .......................... 30, 262, 315, 357, 370
SB 521--Special Education Services for Deaf Students; placement choices. ...................... 30, 106, 119, 138, 168, 172, 1215
SB 522--Price Gouging; housing rentals during Olympic Games; prohibition. ................................................. 30
SB 523--Intractable Pain Treatment; prescribed drugs; controlled substances. ............................................... 30
SB 524--DUI; persons indicted or accused vehicular homicide; time for trial. ............................................. 30

INDEX

2261

SB 525--DUI; eliminate acceptance of a plea of nolo

contendere to charge. ........................................... 30, 673

SB 526--Wrongful Death Actions; four-year limitation

of action. ........................................................... 31

SB 527--Jurors; peremptory challenges; allow state

same number as accused. ............................................ 31

SB 528--Public High Schools; Scholastic Aptitude Test

preparatory course. ............................. 31, 942, 994, 1031, 1052

SB 529--Boats Used in Olympic and Paralympic Games;

equipment exemption. ............................. 31, 118, 136, 168, 176

SB 530--Hunting Prohibited Under Influence of Alcohol,

Drugs; penalties. ....................... 31, 134, 165, 196, 225, 230, 1389,

1781, 1785

SB 531--Historical Townships; change date established

for designation.

............ 31, 96, 107, 121, 127

SB 532--Incapacitated Adults; guardian petitions;

evaluation physicians. ........................ 32, 135, 165, 196, 225, 234

SB 533--Criminal History Records; procedure to purge,

modify or expunge. ............................... 32, 898, 944, 999, 1003

SB 534--Attempted Suicide; emergency nonconsensual

medical treatment. ........................... 32, 135, 165, 196, 225, 237

SB 535--Insurance; Motor Vehicle; rate filings; submit

legislative committees. ................ 32, 95, 107, 121, 128

SB 536--State School Superintendent; powers to abolish

Department of Education on 6-30-96 and to reorganize

and reopen 7-1-96. .................................................. 32

SB 537--Unemployment Compensation; employer contribution

rates; reserves. .................................... 32, 95, 107, 121, 129

SB 538--Department of Education; officers, employees;

unclassified service. ................................................. 33

SB 539--Felony Cases; use of juvenile court records

to set bail, sentence. ....................... 33, 898, 944, 999, 1005, 2238

SB 540--Default Judgments; appeals from magistrate

court to state court. ................................................. 33

SB 541--Legislation Mandating Health Insurance Benefits;

fiscal review. .............................................. 33, 849, 899

SB 542--Professional Counselors of Certain Agencies;

license exceptions. ..... 48, 464, 487, 674, 708, 712, 1529, 2097, 2099

SB 543--Statutory Rape Against Teenage Victims; age

of perpetrator; penalty. .............................................. 48

SB 544--Driver's License; driver training; bail deposits;

organ donors; habitual violators; records release;

appeal in family violence cases. ........................ 48, 134, 165, 196,

225, 239, 2232, 2237

SB 545--Tax Sales; Land Bank Authorities; interlocal

agreements; parties. .......................... 49, 95, 107, 121, 138, 1647

SB 546--Augusta-Richmond County Coliseum-Civic Center

Commission; create. ................................................. 49

SB 547--Northeastern Judicial Circuit; change court

term for Dawson County. .................. 49, 96, 107, 121, 138, 139, 821

SB 548--Welfare Dependent Mothers to Independent Entrepreneurs

Act. ............................................................... 60

SB 549--Georgia Military College; trustees; trusts;

property; scholarships. ............................. 60, 79, 96, 110, 1271

SB 550--Purchasing Reform Act of 1996; enact.

61, 414, 465, 490, 537,

1272, 2001, 2009, 2089

2262

JOURNAL OF THE SENATE

SB 551--Juvenile Court Orders for Parent to Enter

Substance Abuse Program.......................... 61, 314, 353, 388, 397

SB 552--State School Superintendent; powers; reorganize

Education Department. .............................................. 61

SB 553--Plumbers and Journeyman Plumbers; change term;

scope of practice. ................. 61, 261, 315, 357, 370, 1135, 1352, 1674

SB 554--Lead Hazard Reduction Activities; licensure

of persons employed. .................... 61, 134, 165, 196, 225, 239, 1135

SB 555--Medical Care Savings Account and Trust Act;

enact. ....................................... 61, 464, 487, 567, 596, 601

SB 556--MARTA Authority; Board of Directors; expiring

terms; appointments. ......................... 62, 191, 221, 267, 317, 329

SB 557--Offenses Involving Operating a Vehicle Without

Permission of Owner. ............................................... 62

SB 558--Local Public Safety Agencies; reports; maximum

copying fee. ........................................................ 62

SB 559--Georgia Family Trust and Charitable Trust

for Disabled Persons. ................................................ 62

SB 560--DUI; driving under influence of glue, aerosol

or other toxic vapors. .............. 62, 106, 119, 138, 168, 173, 2162, 2165

SB 561--Health Insurance; small employers, self-employed;

access to coverage. ................... 63, 118, 136, 168, 177, 262, 318, 336

SB 562--State Employees Displaced by Privatization;

employment assistance. ............................................ 75

SB 563--Insurance; Motor Vehicle; proof of coverage;

recently acquired ownership; taxicab operator

self-insurance. ................................... 75, 118, 136, 168, 177,

1608, 2113, 2115, 2162

SB 564--Inmates; destroying property, escaping or

rioting; repay costs of. ........................ 75, 106, 119, 138, 168, 174

SB 565--Controlled Substances; dangerous drugs violations;

records; labels. .............................. 75, 135, 165, 196, 225, 240

SB 566--Zoning Proposal Review Procedures; duties

of planning commissions. .......................... 75, 415, 465, 490, 553

SB 567--Counties, Municipalities; multiyear lease

or purchase contracts.

76, 96, 107, 121, 138, 140, 1529, 1575

SB 568--DUI; violations; increased penalties, punishment,

loss of license. ............................... 76, 134, 165, 196, 225, 240

SB 569--Municipal Corporations Which Ceased to Exist;

granting new charter. ............................. ................. 76

SB 570--General Assembly Members; prohibit acceptance

of certain gifts. ..................................................... 76

SB 571--Railroads; abandoned rights of way; acquisition

for public purposes. ................................................. 76

SB 572--Georgia Transportation Oversight Committee

of General Assembly. ..................... 76, 107, 119, 138, 168, 175, 176

SB 573--Rail Passenger Authority Law; redefine term;

"projects"; approval. ............................................... 77

SB 574--Commercial Trucks, Tractors; financing of;

delinquency charges. ............ 77, 463, 487, 567, 596, 651, 652, 673, 674

SB 575--Child Protective Service Records; allegations

of child abuse; agencies permitted access; classifying

person as an abuser. ............................. 77, 414, 465, 490, 554,

2163, 2192, 2199

SB 576--Criminal Procedure; persons refused bail;

grand jury hearing. .............................. 77, 414, 465, 490, 555

INDEX

2263

SB 577--Alcoholic Beverages; retail distilled spirits

dealers; licensing. ................................................... 77

SB 578--False Identification Documents; sales to minors;

increase penalties. ................................ 77, 485, 563, 596, 656

SB 579--Solid Waste; proposed handling facilities;

consider impact to area. ............................................. 78

SB 580--Speed Limits Through Road Construction Sites;

establishment of. ................................................... 78

SB 581--Hospitals; public not-for-profit; leases by

private corporations. .............................. 78, 728, 760, 798, 808

SB 582--Developmental Highway System; add Johnson

Ferry Road corridor. ................................................ 78

SB 583--Georgia Seed Law; substantial revisions; prohibited acts. ............. 87, 133, 165, 196, 225, 252, 1272, 1297, 1313,

1608, 1646, 1752, 1909, 2015, 2032

SB 584--State Employees; political activities; permitted

and prohibited. ............................. 88, 563, 594, 673, 694, 1658

SB 585--Alcoholic Beverage Sales on Sundays; local

authorization procedure. ...................... 88, 109, 261, 315, 357, 372,

1609, 1847, 1848

SB 586--Outdoor Advertising Depicting Obscene Material,

Nudity; prohibitions. .................... 88, 134, 165, 196, 225, 253, 1270

SB 587--Inmates; medical treatment, damage to public

property; repay costs. ............ 88, 313, 353, 388, 398, 1272, 1788, 1791

SB 588--Georgia Music Hall of Fame Authority; allow

marketing expenditures. ................. 88, 134, 165, 196, 225, 254, 1271

SB 589--Lumpkin County; Advisory Referendum on Land

Use and Animal Control. .............................. 89, 136, 137, 411

SB 590--Boat Safety; moving vessels; children required

wear flotation device. .............................. 89, 118, 136, 168, 178

SB 591--Vehicles; excess weights, loads; solid waste

haulers; state council created to study rural transportation

needs. .......................... 89, 263, 315, 357, 373, 1273, 1313, 1317

SB 592--Women's Access to Health Care Act; enact. .............. 89, 262, 315, 357,

378, 387, 389, 1389, 2011, 2013

SB 593--Local School System Financial and Accounting Personnel; training. ............................... 89, 670, 706, 764, 782

SB 594--Unclaimed Wages Not Presumed Abandoned; revert

to issuer or payor. ................................ 89, 221, 263, 318, 344

SB 595--General Assembly; Fiscal Affairs Subcommittees;

budget transfers................................................... 90

SB 596--Guardianship Laws; beneficiaries of U.S. Dept.

of Veterans Affairs.

90, 793, 826, 854, 859, 2163, 2201, 2209

SB 597--Theft of Telecommunications Services; unlawful

acts defined; penalty. ......................... 90, 191, 221, 267, 317, 330,

1136, 1833, 1836

SB 598--Ad Valorem; conservation use assessment; family

owned entities. ...................................... 90, 670, 706, 797

SB 599--Rental Properties; tenant's remedy of repair

to correct conditions. ................................................ 90

SB 600--Used Car Buyer's Protection Act; disclosure; written warranty. ................................................... 90

SB 601--Rental Properties; actions against tenant reporting code violations. ............................... ............ 91

SB 602--Superior Court; Stone Mountain Judicial Circuit;

tenth judgeship. ........................................... 91, 793, 826

2264

JOURNAL OF THE SENATE

SB 603--Appling County; Probate Court; judge; 1996

nonpartisan elections. .............................. 91, 1218, 1220, 2238

SB 604--Boat Races, Regattas; licensed events; exempt

certain restrictions. ...................... 91, 134, 165, 196, 225, 254, 650

SB 605--Death Penalty; grounds for imposition; murder

involving child victim. ............................. 91, 314, 353, 388, 399

SB 606--Seatbelts, Child Safety Restraints, Increased

Vehicle Speed Limits. ............ 91, 262, 315, 357, 378, 1874, 1880, 1884,

2076, 2081, 2089, 2225, 2230, 2242

SB 607--Offense of Obstructing or Hindering Emergency

Medical Personnel.

92, 262, 315, 357, 379, 2089, 2212, 2214

SB 608--Family Violence, State Commission on; additional

members; terms. ............ ..................... 92, 314, 353, 388, 402

SB 609--Crime Victim Assistance Programs; include

family violence shelters. ........................... 92, 314, 353, 388, 403

SB 610--Family Violence; criminal battery acts; state

commission membership. .................... 92, 415, 465, 490, 536, 1273,

2039, 2042

SB 611--Juvenile Court; deprived child removed from

home; disposition orders. ........................ 101, 414, 465, 566, 568,

574, 580, 596, 597, 1607, 1801, 1808, 1903

SB 612--Coastal Counties; salt-water islands property

development; zoning. ........................ 101, 415, 465, 566, 580, 705,

900, 906, 907, 936, 948

SB 613--School Superintendents; employment contracts;

duration; extensions. ....................... 101, 314, 353, 388, 403, 1217,

1295, 1296

SB 614--Public Buildings, Arenas, Stadiums; restroom

facilities for women. .............................. 102, 414, 465, 566, 581

SB 615--Roller Skates Operated by Minors; protective

gear requirements. ................................................. 102

SB 616--Child Custody; presumption of joint custody;

rebuttal; exceptions. ......................... 102, 486, 563, 731, 763, 770,

774, 786, 797

SB 617--Litter Control and Abatement; cities of 120,000;

revenue sources. ................................................... 102

SB 618--License Plates; special; retention of plates

by retired reservists. ..................... 102, 262, 315, 357, 387, 390

SB 619--Termination of Parental Rights; placement

of child in best interest. ............................................ 102

SB 620--Emergency Evaluations; persons mentally ill,

alcoholic, drug abuser.

103, 464, 487, 566, 596, 598

SB 621--Public Schools in Atlanta, Fulton County; uniform student dress code. ................................ 103, 353, 355

SB 622--Savannah/Chatham County Board of Education;

change compensation. ..................................... 103, 191, 194

SB 623--State Patrol; special Auxiliary Service created;

events security. ........................ 103, 134, 165, 196, 225, 255, 256,

266, 267, 1273, 1795, 1796

SB 624--Firearms; background checks in pawn transactions;

drug offenders ineligible licensure; persons authorized

carry concealed weapon. ..................... 113, 262, 315, 357, 388, 418,

419, 1529, 2090, 2092, 2162

SB 625--Bankruptcy; property exempt from levy, sale;

limitations'. ...................................... 113, 486, 563, 597, 661

INDEX

2265

SB 626--Firefighter Appreciation Day; designate in February. ................................. 113, 314, 353, 388, 404, 1215
SB 627--Nurses, Professional; authority; ordering prescriptions, treatment. ........................................... 114
SB 628--Court-connected Alternative Dispute Resolution Programs. .................................. 114, 134, 165, 196, 225, 256
SB 629--Juvenile Motor Vehicle or Boating Safety Violations; disposition. ........................................................ 114
SB 630--Libraries; restrict access to minors to harmful materials. ....................................... 114, 415, 465, 731, 732
SB 631--Medical Facilities; disclosure statement naming administrator, owner. ....................... 114, 314, 353, 388, 405, 409, 418, 468, 468
SB 632--World Congress Center Authority; powers; facilities usage. .......................................... 115, 314, 353, 388, 406
SB 633--Conditional Authority of Superior Court to Grant Pardons and Parole. ......................................... 131
SB 634--Municipalities; area seeking incorporation; water bottoms, marshland. ................... 131, 415, 465, 566, 900, 907, 909, 936, 937, 948
SB 635--State Employees; positions filled by new hires; unclassified service. ......................... 132, 727, 760, 798, 810, 818, 830, 1741, 1761, 1767
SB 636--Explosives, Chemical, Biological, Destructive Devices or Projectile Producing Firearms; illegal acts; enhanced penalties. ........................ 132, 485, 563, 673, 675, 1388, 1589, 1606
SB 637--Assault or Battery by a Student Upon Teacher; disciplinary hearing. ............................................... 132
SB 638--Missing Children Information; displays in state office buildings. ............................. 132, 414, 465, 490, 556
SB 639--District Attorneys; accusations against; repeal certain provisions. .......................... 132, 262, 315, 357, 388, 391
SB 640--Grandparent Visitation Rights to a Minor Child; change provisions. ................ 132, 414, 465, 490, 566, 583, 585, 1389, 1770, 1772
SB 641--Georgia Student Finance Authority; additional powers and employees. .................. 132, 191, 221, 267, 317, 331, 820
SB 642--Fulton County; Library System; board of trustees; per diem allowance. ................................. 160, 353, 355, 1134
SB 643--Housing Authority Commissioners; appointment of elected officials. ............................... 161, 705, 728, 797, 804
SB 644--Appellate Court; jurisdiction; application for permission to appeal. .................... 161, 414, 465, 490, 566, 567
SB 645--Specialized Education Programs; magnet, theme, longer hours; grants. ........................ 161, 563, 594, 674, 708, 713
SB 646--Seatbelts; passenger vehicles; offense of failure to wear; penalty. .......................... 161, 485, 563, 673, 692
SB 647--HMO Health Care Coverage; point-of-service option; payment of. .............................. 188, 487, 597, 659, 661
SB 648--Water Pollutants; sewage and waste disposal; permit restrictions.................................................. 188
SB 649--Civil War Commission; historic sites program; license plate sales. .......................... 189, 464, 487, 566, 596, 598
SB 650--White County; Magistrate Court; county law library fees. ......................................... 189, 315, 316, 459

2266

JOURNAL OF THE SENATE

SB 651--Lumpkin County; Magistrate Court; county law library fees. ......................................... 189, 315, 316, 459

SB 652--Union County; Magistrate Court; county law library fees. ......................................... 189, 315, 316, 664

SB 653--Towns County; Magistrate Court; county law library fees. ......................................... 189, 315, 316, 664

SB 654--Child Abuse Prevention Program Offering Support

to Families; define. .......................... 189, 670, 706, 731, 763, 774,

898, 948, 951

SB 655--Plant Food Act; definitions; redefine "guaranteed

analysis". ................................. 189, 384, 415, 468, 471, 2238

SB 656--Ad Valorem; preferential tax assessment; family farm partnerships. ............ .................................... 218

SB 657--Georgia Liming Materials Act of 1996; enact.

218, 704, 728, 797, 805, 854, 886, 1387

SB 658--Taxicabs, Limousines; medical insurance coverage

for passengers. ............................. 219, 593, 671, 731, 763, 774

SB 659--Counties; financial or audit statements; submission to grand jury. ............................. 259, 705, 728, 764, 784, 2239

SB 660--Insurers; changing rates or underwriting rules; filings required. .................................................... 260

SB 661--Bad Checks; damages, costs; increase service

charge to $25. ........................... 260, 486, 563, 673, 708, 711

SB 662--Hypnotherapist Registration Law; establish as regulated profession. ............................................ 260

SB 663--Trial Courts; cases of contempt; granting

of supersedeas; appeals. ............................................ 260

SB 664--Bonding Businesses; bondspersons; who may approve qualifications. .......................... 260, 943, 994, 1032, 1056

SB 665-Jekyll Island-State Park Authority; fees; fire protection services. ............................................. 260

SB 666--Beehive Owners; permission to kill bears under certain conditions. ................................................. 260

SB 667--Campaign Contributions; persons acting on behalf of motor carriers. ......................... 310, 563, 594, 674, 708,

716, 717, 1271

SB 668--Treutlen County; Board of Commissioners; compensation ........................................ 310, 384, 386, 699

SB 669--Magistrate Courts; Civil Actions; increase filing fees .................... 310, 486, 563, 797, 806

SB 670--Civil Actions; judgments; discharge of execution; failure to cancel. ...................... 310, 486, 563, 731, 763, 776, 2089, 2094, 2095

SB 671--State Employment; medical exams certifying

fitness; providers; files. .......................... 310, 384, 415, 468, 472,

1273, 1325, 1326

SB 672--Savannah State College, Trade and Technology Center; advisory board. ..................... 310, 384, 415, 468, 473, 1135,

2086, 2087

SB 673--County Boards of Tax Assessors; records not

subject to subpoena. ........................................... 311, 464

SB 674--Public Lands Preservation; create the Georgia Land Trust; proceeds. ....................... 311, 464, 594, 671, 797, 806, 2088, 2095, 2097, 2145, 2163

INDEX

2267

SB 675--Prison Management and Services Pertaining to Inmates; contracts for. ........................ 311, 485, 563, 673, 708, 709, 711, 1114, 1130, 1132
SB 676--Local School Boards; health insurance coverage for members. ...................................................... 350
SB 677--Senatorial Districts 48, 56, 21 and 32; change descriptions. .................................... 350, 898, 944, 999, 1006
SB 678--Firearms; concealable weapons; when possession not prohibited; electronic delays in purchaser records check. .................... 350, 384, 415, 468, 473, 476, 1273, 1327, 1329, 1608, 1645, 1768, 2151, 2154, 2242
SB 679--Family Violence Victims; insurers prohibited refuse renew policy. ............................ 350, 943, 994, 1032, 1062
SB 680--Emergency Medical Care; prohibit insurer require authorization for. .................................................. 350
SB 681--Marriages Between Persons of Same Sex Not Valid in Georgia. .................................................. 350
SB 682--Community Improvement Districts; creation; special tax districts. ......................... 381, 594, 671, 731, 763, 767
SB 683--Lottery for Education Funds; include driver education instruction. .............................................. 381
SB 684--Right of Child to Select Custodial Parent; change to age 12 years. ............................................. 381
SB 685--Abortions and Breast Cancer; associated medical risks; consent forms. ............................................... 381
SB 686--MARTA Vehicles; medical insurance coverage for riding passengers. ............................ 382, 705, 728, 798, 807
SB 687--Medicaid; medical providers convicted of fraud permanently barred. ........................ 382, 727, 760, 798, 830, 832
SB 688--Speed Limits; increase maximum on interstates and divided highways. .............................................. 411
SB 689--Polk County; Water, Sewage, and Solid Waste Authority; membership. ................... 411, 487, 488, 939, 1259, 1260
SB 690--McCaysville, City of; new charter. ..................... 411, 486, 488, 699 SB 691--Clayton Judicial Circuit; District Attorney
Investigators; arrest powers. .......................... 412, 486, 489, 819 SB 692--Fannin County; Board of Commissioners; meetings. . . . . . 412, 487, 489, 699 SB 693--Parolees; supervision in transitional or intermediate
programs. ................................. 412, 485, 563, 596, 652, 1215
SB 694--Prekindergarten/Pre-K Family Services Coordinators; duties defined. ..................................................... 412
SB 695--Municipalities; corporate limits; annexing territory; local Acts. ................ 461, 728, 760, 798, 830, 836, 855, 887
SB 696--Inmates; medical care, destroying property; actions to recover costs. .......................... 479, 670, 706, 731, 734
SB 697--Stop Signs; removing and causing death of another; felony penalty. .......................... 480, 850, 899, 948, 951
SB 698--Local Retirement Systems; investment of assets in equities; audits. ......................... 480, 825, 850, 900, 910, 1270
SB 699--Dade County; Magistrate Court; judge; nonpartisan nomination and election. ...................... 480, 1089, 1090, 1107, 2238
SB 700--Inmates Assaulting Correctional Officer; transfer higher security. .................................................... 480
SB 701--Hospitals; nonprofit; disposition to for-profit entities; hearings. .................................................. 480

2268

JOURNAL OF THE SENATE

SB 702--Hospitals Owned or Controlled by Nonprofit Corporations; mergers. ............................................. 480
SB 703--Budgetary Responsibility Oversight Committee (BROC); functions. .......................... 481, 727, 760, 798, 830, 834
SB 704--Workers Compensation; claims; findings of fact; deciding issues. ............................................... 481
SB 705--Marriage and Family Therapists; licensure eligibility; use of titles. ..................... 481, 727, 760, 797, 798, 1387
SB 706--Insurance; managed care plans; definition; enrollee complaints. ................................................ 481
SB 707--Health Insurance; managed care plans; patient, provider rights. .................................................... 481
SB 708--School Enrollment; eligibility; children age 5 years by December 1. ............................................. 481
SB 709--Education Reform Act of 1996; enact. ................. 482, 942, 994, 1031, 1033, 1047, 1814, 1821, 1832
SB 710--Georgia School for Deaf; training site; Crossroad Alternative School. ....................... 559, 942, 994, 1032, 1055, 1852
SB 711--Theft by Conversion; personal property; redefine term. .......................................... 560, 898, 944, 999, 1013
SB 712--Wildlife; offenses relating bear, turkey, deer hunting; penalties. .......................... 560, 593, 671, 731, 733
SB 713--Public Service Commission; establish separate Public Advocacy Staff. .............................................. 560
SB 714--Criminal Records Check of Persons Petitioning to Adopt a Child. .................................................. 560
SB 715--Chambers of Commerce; mergers; approval of governing authorities. .............. 560, 705, 728, 798, 808, 854, 886, 887
SB 716--Social Services; community action agencies; fiscal mismanagement. ............................................. 560
SB 717--Grant Funds; After-School Academic Programs; calculating attendance. ......................... 561, 942, 994, 1032, 1060
SB 718--Health Insurance; managed care plans; medically necessary services. ................................................. 561
SB 719--Public Retirement Benefits Subject Domestic Relations Orders; define. ........................................... 561
SB 720--Health Care Corporations; authorize provider sponsored entities. ................................................. 561
SB 721--Banks, Trust Companies, Mortgage Lender, Brokers; amend regulations. ......................... 588, 792, 826, 854, 869, 1387
SB 722--Local Boards of Education; vacancy; member qualifying other office. .......................... 589, 942, 994, 1032, 1070
SB 723--Union County; Magistrate Court; chief magistrate; appointment. ........................................ 589, 705, 707, 820
SB 724--GaNet; provide driver's license records, Internet legislative data. .................... 589, 728, 760, 798, 830, 838, 854, 857
SB 725--GaNet Authority; exempt data disclosure; publish 'Georgia Register'. ............................... 589, 794, 826, 854, 869
SB 726--Child Custody; appeals to appellate courts; expedite considerations. ............................................ 589
SB 727--Child Custody; evidence of child abuse; supervised visitation only. .................................................... 589
SB 728--Civil Cases; appeals; time for filing motions for specific applications of supersedeas, interim orders, rulings. ........................................................... 590

INDEX

2269

SB 729--Child Custody Disputes Involving Alleged Abuse; court jurisdiction. .................................................. 590
SB 730--Juvenile Court Judges; training relative to protection of children. .............................................. 590
SB 731^Jonesboro, City of; new charter. ...................... 667, 849, 852, 1519
SB 732--Sales Tax; special purpose county for education; calculations. ....................................................... 667
SB 733--Fort Oglethorpe, City of; new charter. ........... 667, 826, 828, 1242, 1268
SB 734--Fannin County; Board of Education; elections; terms; compensation. ................................ 701, 794, 796, 1085
SB 735--Jails; regional jail authorities; participation by municipalities. ............... 701, 825, 850, 900, 901, 1814, 1838, 1842
SB 736--Computer Communications; Georgia Digital Signature Act. ................................................ .... 702
SB 737--State Games Commission; powers; nonprofit subsidiary corporations. .................... 702, 760, 794, 830, 835, 1271
SB 738--Whitfield County; Juvenile Cases; judge of superior court or of juvenile court. .................... 724, 826, 828, 2238
SB 739--Engineers and Land Surveyors, State Board of; legal assistant. ......................................... 724, 759, 794
SB 740--Cobb County; Juvenile Court; judges; change compensation ....................................... 756, 826, 828, 1019
SB 741--Driver's License; persons under age 18; intermediate licenses. ........................................................... 756
SB 742--Physicians of Other States, Countries; registration of consultants. ................................. 789, 943, 994, 1031, 1054
SB 743--Physicians; delegation of authority; radiological technology ........................ ........... 789, 943, 994, 1032, 1054
SB 744--Elections Designed to Bring Proposed Question to Voters; conditions. ............................................... 789
SB 745--Franklin-Hart Airport Authority Act; enact. ........... 789, 849, 852, 1085 SB 746--DeKalb County; Board of Education; compensation;
annual salary. ..................................................... 790
SB 747--General Assembly Veterans Affairs Overview Committee; creation. ............................................ 790
SB 748--Fannin County; Board of Registration and Elections; term of office; poll workers. ................................ 821, 944, 945
SB 749--Development Authorities Law; managed projects; management contracts. .................... 822, 899, 944, 999, 1013, 1852, 1927, 1928, 2053, 2059, 2077, 2102, 2105, 2242
SB 750--Judges; appellate and superior court; creation of new judgeships. ............. 822, 898, 944, 999, 1014, 1853, 2073, 2076
SB 751--Probation Services; private providers; professional standards. ..................... 844, 897, 944, 999, 1002, 2102, 2109, 2113
SB 752--Magistrate; civil claims; monetary jurisdiction set at $15,000...................................................... 844
SB 753--Sales Tax; special purpose local option; sanitary landfill projects. .................................................. 844
SB 754--Armory Facilities; joint usage by state, local governments, others. ............................ 844, 897, 944, 999, 1015
SB 755--False Insurance Claims; fraudulent acts; investigators; penalties. ..................................... 844, 943, 994, 1032, 1066
SB 756--Medicare Supplement Policies; implement 1994 Social Security Act. ............................ 845, 943, 994, 1032, 1063
SB 757--Insurers; investments; agent licensing; contracts; cancellation or nonrenewal actions. .............. 845, 943, 994, 1032, 1067

2270

JOURNAL OF THE SENATE

SB 758--Clayton County; State Court; new judgeship;

office of chief judge rotation. .............. 845, 994, 996, 1216, 1527, 1528

SB 759--Cobb County; Tax Commissioner; position of

administrative specialist. ............................ 845, 994, 996, 1271

SB 760--Public Safety Services; Driver's Licenses

Privatization Act. .................................................. 845

SB 761--Kindergarten; Pre-K Lottery Funds Distribution;

child care agencies. ................................................ 892

SB 762--Counties; boundary line changes; property

sought to be transferred. ........................................... 892

SB 763--Drivers Under Age 18; driving curfew period;

license suspended 12 months for DUI violations. ...................... 892

SB 764--Cobb County; Board of Education; method to

fill vacancies. ....................................... 892, 994, 996, 1271

SB 765--Burke County; Board of Education; compensation

and expense allowance. .............................. 893, 994, 996, 1386

SB 766--Insurers; notice to policyholders; termination,

rate increases. ................................. 893, 943, 994, 1032, 1067

SB 767--Truck Chassis Requiring Specialized Treatment

by Wreckers; identify. ......................................... ... 893

SB 768--Public Assistance; AFDC families; support

under 'man in house rule'. ............................... .......... 893

SB 769--Restaurants; placement of information on interstate

highway signs. ................................. 893, 944, 994, 1032, 1057

SB 770--Counties of 550,000 or More; board of commissioners;

compensation. ..................................................... 939

SB 771--Drivers Under Age 18; fines, charges; liability

of certain adults. ................................................... 939

SB 772--Douglas County; Tax Commissioner; school taxes; reduce funds retained to collect. ..................................... 985

SB 773--Forsyth County Water and Sewerage Authority

Act; enact. ...................... 985, 1089, 1091, 1107, 1520, 1769, 1770

SB 774--Murray County; Superior Court Clerk, Sheriff,

Probate Judge, Tax Commissioner; change

compensation. ................... 985, 1089, 1091, 1092, 1095, 1106, 1386

SB 775--Murray County; Coroner; change compensation ................. 985, 1089,

1091, 1106, 1386

SB 776--Murray County; Magistrate Court; chief magistrate;

compensation. ............................... 985, 1089, 1091, 1106, 1386

SB 777--Cobb County Commission on Children and Youth; abolish July 1, 1998. ......................... 985, 1089, 1091, 1107, 1271

SB 778--St. Marys, City of; Mayor and Council; nonpartisan

election by plurality of voters.

1022, 1141, 1143, 1386

SB 779--Arcade, City of; Jackson County; change corporate

limits. .......................................... 1022, 1141, 1143, 1386

SB 780--DeKalb County; Board of Commissioners; public

hearings; chamber of commerce merger. .................. 1022, 1141, 1144

SB 781--Clayton County; Magistrate Court; magistrates;

appointments. ................................... 1085, 1218, 1220, 1520

SB 782--Catoosa County; Board of Utilities Commissioners;

change compensation. ............................ 1085, 1218, 1220, 1903

SB 783--Richmond County; Board of Health; composition;

method of appointment; terms. .................... 1085, 1218, 1220, 1519

SB 784--Walton County; County Officers; compensation;

annual base salary. .............................. 1137, 1278, 1281, 1903

INDEX

2271

SB 785--Forest Park, City of; corporate limits; change. ........... 1217, 1392, 1394, 1936, 2013
SB 786--Hancock County; Board of Commissioners; per diem allowances. ................................. 1217, 1392, 1395, 2238
SB 787--Hancock County; Office of Sheriff; personnel policies; compensation; budgets. ................... 1217, 1392, 1395, 2238
SB 788--Baker County; Probate Court Judge to Serve as Chief Magistrate. ................................... 1242, 1392, 1395

2272

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR

1--Federal Mandates; Georgia Sovereignty Resolution

of 1995. ............................................. No action in 1996

SR 2--Amend Constitution; public officers; term limitations. . . No action in 1996

SR 3--Amend Constitution; local officials; term limitations. . . . . No action in 1996

SR 4--Amend Constitution; Public Initiative Petition

Process. ............................................. No action in 1996

SR 20--Amend Constitution; special purpose county

sales tax; proceeds sharing; education projects. ......... ............ 6, 10

SR 23--Amend Constitution; public initiative petition

process. ............................................. No action in 1996

SR 24--Amend Constitution; General Assembly elect

State Board of Education; board appoint State

School Superintendent. ............................... No action in 1996

SR 25--Amend Constitution; schools with student academic

deficiencies below minimum standards; state to manage. ............ 6, 10

SR 26--Amend Constitution; Appropriations Act Previously

Enacted; prohibit amendments increasing expenditures. No action in 1996

SR 27--Senate; Rules; amend; distribution of bills

and resolutions....................................... No action in 1996

SR 28--Amend Constitution; local government debt limitations. ............ 6, 10

SR 30--Amend Constitution; General Assembly and other

elected officers; term limitations. ...................... No action in 1996

SR 34--Amend Constitution; state-wide election; Pardons

and Paroles Board. ................................... No action in 1996

SR 35--Amend Constitution; General Assembly; four-term

limitation. ........................................... No action in 1996

SR 36--Amend Constitution; General Assembly; term

limitations; six terms. ................................ No action in 1996

SR 39--Term Limitations; General Assembly, Congress,

certain state officers; amend Constitution. .............. No action in 1996

SR 40--MARTA Overview Committee; update Senate committee

designations. ........................................ No action in 1996

SR 46--Amend Constitution; state budget; requiring

50% for education. ................................... No action in 1996

SR 56--Senate; Rules; amend; committees holding bills

or resolutions 10 days. ............................... No action in 1996

SR 57--Ambulances; irresponsible 911 emergency calls;

committee to study. .................................. No action in 1996

SR 60--Amend Constitution; Initiative Petition and

Referendum Process. ................................. No action in 1996

SR 61--Amend Constitution; taxes, fees, assessments

imposed by General Assembly; required vote. ........... No action in 1996

SR 63--Amend Constitution; enterprise zones; separate

property tax treatment. .............................. No action in 1996

SR 64--Amend Constitution; enterprise zones; employer

tax credits. .......................................... 1242, 1384, 1385

SR 66--Amend Constitution; public initiative petition

process. ............................................. No action in 1996

SR 71--Federal Mandates; unfunded liabilities; request

meeting with Georgia Delegation. ..................... No action in 1996

SR 77--Joint Guardianship Study Committee; creation. ...

No action in 1996

INDEX

2273

SR 78--Amend Constitution; taxes, fees, assessments imposed by General Assembly; required vote.

No action in 1996

SR 85--Designate; Veterans Parkway; certain portion

Interstate 85 North. ................................

.559

SR 86--Boat Safety Study Committee; creation.

No action in 1996

SR 90--Roads and Highway Maintenance; urge use of inmate labor to perform. ............................ No action in 1996

SR 97--Amend Constitution; create State Commission on Judicial Compensation. .......................... No action in 1996

SR 101--Joint Study Commission on Economic Development and Revitalization in South Fulton County. .......... . 2102, 2105, 2108

SR 115--Amend Constitution; public initiative petition process. ........................................... No action in 1996

SR 121--Elder Abuse and Financial Exploitation; joint committee to study. ................................ . No action in 1996

SR 123--Designate; Purple Heart Highway; portion 1-20 within Rockdale County. ............................ No action in 1996

SR 125--Amend Constitution; special purpose county sales tax; education purposes. ....................... ............. 6, 10

SR 128--Amend Constitution; hazardous waste; funding corrective activities. ................................ No action in 1996

SR 130--National Voter Registration Act, 1993; financial burden to state; urge fund or repeal Act. ............. No action in 1996

SR 137--Corrections Department; prison management; 5-year strategic plans, alternatives; outcomes based

budgeting system; report. ........................... No action in 1996

SR 161--Amend Constitution; congressional, state officers; term limitations. ................................... No action in 1996

SR 162--Amend Constitution; child abuse treatment centers; additional criminal, traffic fees to fund.

. No action in 1996

SR 163--Joint Study Committee on Georgia Agricultural Education; creation. ................................ No action in 1996

SR 164--Georgia Child Abuse Study Committee; creation.

No action in 1996

SR 166--Amend Constitution; create Technology Related Assistance Trust Fund for Disabled Persons.

No action in 1996

SR 167--Amend Constitution; protection of parental

right to direct upbringing and education. ............. No action in 1996

SR 168--Amend Constitution; state debt; limitations upon financing terms. .............................. No action in 1996

SR 175--Amend Constitution; appropriations; authorize

Governor to reduce; overriding such reduction.

. No action in 1996

SR 176--Amend Constitution; state expenditure limitations; local mandates. .................................... No action in 1996

SR 179--Congress; urge continued support for federal School Lunch Program. ............................. ............. 6, 11

SR 180--Amend Constitution; special purpose county sales tax; local school districts sharing of proceeds. ... No action in 1996

SR 228--Amend Constitution; allow island property within constitutional industrial area to be removed.

............ 1135

SR 232--Veterans Day; urge designation as a public school holiday. ..................................... No action in 1996

SR 236--Amend Constitution; public initiative petition process. ........................................... No action in 1996

SR 247--Joint Subsequent Injury Trust Fund Study Committee. ........... .6, 11

2274

JOURNAL OF THE SENATE

SR 251--Amend Constitution; prohibit amend previously

enacted general appropriations Act increasing

expenditures. ......................................... No action in 1996

SR 255--Congress; urge resist efforts to assign U.S.

military forces to the U.N. Security Council as a standing

army. ................................................ No action in 1996

SR 257--Property Conveyance; Clay, Ware Counties;

leases; golf facilities. .................................. ....... .....6, 11

SR 261--State Hospital for Inmates; study relocate

proposed medical facility. .............................. No action in 1996

SR 264--Senate; Rules; amend; setting of calendar

by Committee on Rules.

No action in 1996

SR 268--Efficient Use of State Buildings and Vehicles

Study Committee. ............. ....................... ........ .6, 11

SR 270--Athens Tech Satellite Campus; urge name Charles

W. Yeargin Building.

..................... ............ 6, 11

SR 272--Congress; proposed balanced budget amendment

H.J. Res. 1; ratifying. .................................

SR 273--Automotive Repair Facilities Study Committee; creating.

SR 274--Joint Study Committee on Pilot Projects in

Douglas Judicial Circuit. .............................. No action in 1996

SR 277--Off-Road Timber Harvesting Equipment; intent

of sales tax exemption. ................................ ........... .6, 11

SR 281--Federal Highway Funds; urge reauthorize ISTEA

and TEA program. .................................... ............ 6, 11

SR 282--Property Conveyance; Richmond County; right

of way; Gracewood School. ............................. No action in 1996

SR 287--Amend Constitution; General Assembly; unexpired

terms; vacancies prior final six months; appointment

by Governor. ......................................... No action in 1996

SR 288--Medical Savings Accounts; urge Congress enact

legislation. ........................................ 6, 12, 943, 999, 1015

SR 293--Fire Ant Study Committee; creation.

............ 6, 12

SR 294--Joint Public Safety Radar Enforcement Regulatory

Study Committee. ..................................... ............ 6, 12

SR 298--Telephone Solicitation; high pressure selling;

urge regulation of. .................................... ............ 6, 12

SR 299--Civic Literacy; encourage communities to implement

plans for. ............................................ No action in 1996

SR 304--Correctional Facilities; urge designate outside

smoking areas. ....................................... ........... 6, 12

SR 308--Federal Mandates; claiming State sovereignty

under Tenth Amendment. ............................. ........... 7, 12

SR 309--Indian Affairs Study Committee; create.

............ 7, 12

SR 319--Public Safety Communications; urge state-wide

800 MHZ radio system. ................................ No action in 1996

SR 320--Rural Hospital and Health Care Financing Study

Committee; create. .................................... No action in 1996

SR 322--Freaknik Student Event; create advisory commission

to study problems. .................................... No action in 1996

SR 345--Chattahoochee River; phosphorus discharge

units; variance deadline. ............................... No action in 1996

SR 379--State Board of Education; repeal revisions creating the. .............. 23

SR 380--Senate; Adopt Rules 1996 Session....................... ............... 3

SR 381--Senate Convened 1996 Session; notify House. ............ ............... 5

SR 382--General Assembly Convened; notify Governor. ........... ............ 5, 18

INDEX

2275

SR 383--General Assembly; Adjournment; January 12

to January 22. ................................................ 4, 48, 73

SR 384--Designate; Purple Heart Highway to recognize

veterans. ............................... 23, 263, 315, 357, 388, 392, 1135

SR 385--Designate; Brigadier General John R. Hullender

Highway. .............................. 23, 263, 315, 357, 388, 392, 1272

SR 386--Amend Constitution; establish fund to assist

entities damaged by pollution of Chattahoochee River. ................. 23

SR 387--Consumer Choice in Utilities Study Committee; create. ............ 24

SR 388--Independent Living Program Youth Day; recognizing. .......... 25, 35

SR 389--Amend Constitution; limit power of state to levy ad valorem taxes. ............................................... 33

SR 390--Amend Constitution; taxes, fees limited to a combined rate of 10%. ............................................. 33

SR 391--Amend Constitution; authorize Technology Related

Assistance Trust Fund for Individuals with Disabilities.

34, 134, 165,

196, 225, 257

SR 392--Golden Harvest Gospel Music Group 36th Anniversary;

honoring. ........................................................... 35

SR 393--Georgia Industrial Technical Educators Association;

commend. ..................................................... 35, 706

SR 394--Olympic Landlord-Tenant Oversight Commission;

creation ........................................... 34, 1217, 1219, 1713

SR 395--Merrion, Reverend Lucious; expressing regrets

at passing .......................................................... 35

SR 396--Wetherington, Jim, Columbus Police Chief; commend .................. 35

SR 397--Elbert County High School Football Team; commend ............... 35, 96

SR 398--Peed, Dr. David; Forensic Behavioral Optometry;

commend........................................................... 35

SR 399--Joint Guardianship Rewrite Committee; creation. ............ 49, 705, 728,

854, 856, 2237

SR 400--Chamblee High School Magnet Program for High

Achievers; commend. ................................................ 52

SR 401--Georgia Historical Society "Initiative 2000";

commend ...................................................... 65, 192

SR 402--Georgia Citizens for the Arts; commend .......................... 66, 264

SR 403--Phillips, Honorable Jimmy of Alpharetta; commend ............... 66, 487

SR 404--Roswell High School; commend ....................................... 66

SR 405--UGA 1995 Women's Track and Field Team and Coaches; commend ............................................. 66, 108

SR 406--UGA 1995 Men's Tennis Team and Coaches; commend ............ 66, 167

SR 407--Fech, Robin; ASA Flight Attendant's Heroic

Efforts; commend .............................................. 66, 192

SR 408--Magill, Dan; University of Georgia Tennis

Coach; commend. .............................................. 66, 167

SR 409--Suttles, Dr. William, President Emeritus, Georgia State; commend ......................................... 66, 97

SR 410--Urge U.S. Support Taiwan's Admission to United

Nations Membership. ...................................... 78, 593, 671

SR 411--Block Grant Federal Funds; committee to study

efficient use of. ................................................... 78

SR 412--Johnson Ferry Road; urge designate part of

State Highway System. .............................................. 78

SR 413--Property Conveyances; City of Carrollton;

City of Cartersville. .............. 79, 221, 263, 318, 345, 1390, 1777, 1781

2276

JOURNAL OF THE SENATE

SR 414--Robinson, William Edward IV; express regrets

at the passing.................................................. 80, 120

SR 415--Freeman, Harrell; express regrets at the passing. ................. 80, 120

SR 416--Zephir, Ahmad; commend ............................................ 80

SR 417--Parkview High School Football Team; commend ................... 80, 97

SR 418--German, Michael; commend .......................................... 80

SR 419--Southwest DeKalb High School State Football

Championship; commend ......... ............................. 80, 108

SR 420--Peach Festival Day at Capitol and Georgia

Peach Festival; commend ....................................... 81, 852

SR 421--Faircloth, Helen Purser; 1996 Artist of the

Year; commend. ............................................... 81, 264

SR 422--Allison, Dr. Roland L.; commend ..................................... 81

SR 423--Cowart, Roy J.; commend ............................................ 81

SR 424--Foster, Larry; expressing regret at the passing

81

SR 425--Amend Constitution; members of Georgia Senate;

provide 4-year terms. ......................... 92, 220, 263, 318, 356, 358

SR 426--Recycling Plans; urge host communities develop

at Olympic venues................................. 92, 118, 136, 168, 179

SR 427--South Fulton County; economic growth, progress;

commission to study. ....................................... 92, 486, 563

SR 428--Amend Constitution; Recycling and Solid Waste

Reduction; authorize state fund to develop capabilities. ................. 93

SR 429--Gillentine, Margaret Joy; commend ................................... 97

SR 430--African American Business Enterprise Day;

recognizing. ...................................... 93, 486, 563, 597, 657

SR 431--Brown, Mrs. Sulla Burnam, 90th Birthday; commend .................. 97

SR 432--Recycling and Economic Development Study Committee. .......... 93, 486,

563, 900, 917

SR 433--Hydroelectric Dam Facilities in Elbert County;

opposing sale of. ............................. 93, 223, 464, 487, 597, 662

SR 434--Johnson, Major George L.; commend

97

SR 435--Georgia School Food Service Association and

Members; commend ............................................ 97, 136

SR 436--Russo, Dr. Patrick J., Georgia Superintendent

of the Year; commend ............................................... 97

SR 437--Health Care Reform Legislation; ensure mental

health coverage. ............................ 103, 314, 353, 388, 407, 568

SR 438--Study Committee on Early Retirement for State

Employees. ........................................................ 103

SR 439--Joint Deregulation of Electricity Study Committee;

create. ............................................................ 104

SR 440--Morehouse School of Medicine 20th Anniversary;

recognize. ......................................................... 108

SR 441--Taylor, James, Heroic Efforts to Save Child;

commend..................................................... 108, 222

SR 442--Eubanks, Ida, 109th Birthday; commend. ....................... 108, 222

SR 443--Terrell Academy 1995 Football Team; commend ...................... 108

SR 444--Tribute to the Honorable Culver Kidd and Placement

of Portrait. ................................. 104, 486, 563, 597, 657, 708

SR 445--Property Conveyance; Rockdale County; lease

tracts of land. ......................... 115, 221, 263, 318, 356, 359, 2237

SR 446--Study Committee on Civil Justice Reform. ................. 115, 944, 994,

1032, 1070

SR 447--Clanton, Perry Leland, Jr., Mayor of Hahira;

commend. ......................................................... 119

INDEX

2277

SR 448--Johnston, Henry Deering "Country" of Lowndes

County; commend .................................................. 119

SR 449--Valdosta State University Baseball Team; commend ............. 119, 222

SR 450--Peed, Matthew of Columbus; commend. .............................. 119

SR 451--Leonard, Franklin of Columbus; commend ............................ 120

SR 452--Houston County High School Women's Softball

Team; commend .............................................. 120, 229

SR 453--Douglas County Girls Fast Pitch Softball Team;

commend .......................................................... 121

SR 454--Engineers Day in Georgia; declaring February 6.

132

SR 455--U.S. Military Forces; opposing transfer to

United Nations command. ................................. 132, 593, 671

SR 456--Amend Constitution; abolish State Board of

Pardons and Paroles. ............................................... 132

SR 457--Property Conveyance; authorize sell state

properties for environmental purposes and proposed

privatization of new prisons. ................. 133, 464, 487, 674, 708, 717,

718, 731, 763, 777, 1658, 1754, 1761

SR 458--Property Conveyance; grant easements; telecommunication

and utility facilities in 7 counties. ..................... 133, 463, 487, 731,

763, 769, 1388

SR 459--Property Conveyance; grant easements; Savannah,

Cave Spring, Crawford and Lee Counties. .............. 133, 464, 487, 731,

763, 776, 1388

SR 460--Firefighters' Recognition Day; commend .............................. 136

SR 461--Apple Growers and Ellijay Marketing Association;

commend ..................................................... 136, 264

SR 462--Phoenix High School Open Campuses; Dalton,

Whitfleld Counties; commend. ....................................... 137

SR 463--Georgia Recreation and Park Association; commend .............. 137, 566

SR 464--Georgia National Guard Day; declare and commend. .... 133, 486, 563, 597,

659, 795

SR 465--Amend Constitution; provide State Board of

Education elected by General Assembly. ............................. 161

SR 466--South Fulton County; Legislative Day at the

Capitol Celebrating Black History Month.

161, 486, 563, 597, 658

SR 467--Kuppuswamy, Supria, National 4-H Delegate;

commend.......................................................... 166

SR 468--Coursey, Kimberly, National 4-H Winner; commend ................... 166

SR 469--Martin, Rachael, National 4-H Delegate; commend .................... 166

SR 470--Powell, Jocelyn, National 4-H Delegate; commend ..................... 166

SR 471--Stevenson, Autumn, National 4-H Delegate;

commend.......................................................... 166

SR 472--Roark, Heather, National 4-H Delegate; commend .................... 166

SR 473--Daniel, Elizabeth, National 4-H Delegate;

commend .......................................................... 167

SR 474--Four 4-H Day at the Capitol; observance. ....................... 167, 396

SR 475--Mills, Julie, 1995-96 State 4-H President;

commend.......................................................... 167

SR 476--Stephens, Odin, National 4-H Delegate; commend ..................... 167

SR 477--Choosing the Best Program of Pierce County;

commend. ......................................................... 192

SR 478--Poultry Feed and Transportation Study Committee;

creation ........................................ 190, 898, 944, 999, 1015

SR 479--Cartersville Middle School Math Department;

commend.......................................................... 167

2278

JOURNAL OF THE SENATE

SR 480--Cartersville High School Bible Club; commend ........................ 167

SR 481--Cartersville High School Winning Yearbook,

CAHISCO; commend ............................................... 167

SR 482--Cartersville High School Newspaper, The Chipper;

commend .......................................................... 167

SR 483--Bartow County; Children's Advocates, Terry

Nelson and Terry Ramey; commend ................................. 167

SR 484--Southern Highroads Scenic Highway; designation. ...... 190, 794, 826, 884

SR 485--Reiser, Dr. John C., Ophthalmologist; commend ................. 192, 222

SR 486--Williams, Mrs. Jennie V.; honoring .................................. 192

SR 487--Aerospace and Space Based Telecommunications

Marketing; study of. ...................................... 219, 486, 563

SR 488--Georgia Farm Bureau Federation; commend .......................... 192

SR 489--White, Don; condolences on the passing. ............................. 192

SR 490--Kendrick, Tim, Wildlife Resources Officer;

commend ..................................................... 222, 392

SR 491--Wright, Trooper Chris C.; commend heroic efforts ................ 222, 392

SR 492--Burdett, Bryan David, Cherokee County Deputy

Sheriff; commend ................................................. .223

SR 493--Herrin, Dr. George, Jr., GBI Forensic Sciences;

commend

........ 223, 392

SR 494--Johnson, Malena (Mrs. Martin Wesley, Sr.);

recognizing ........................................................ 223

SR 495--Block Grant Federal Funds; create joint commission

to study. ........................................ 219, 414, 465, 854, 866

SR 496--American Legion Post III Veterans Memorial

Monument Commission; commend ................................... 223

SR 497--Amend Constitution; creation of community

improvement districts for nonresidential properties. . . . . . 261, 594, 671, 830

SR 498--Atlanta Black Nurses Association; commend .......................... 264

SR 499--Study Committee on More Effective DOAS Purchasing.

311, 414,

465, 854, 858

SR 500--Tippens Elementary School, 70th Anniversary;

commend.......................................................... 264

SR 501--Comfort Care Ministries, Inc. and Barry Keaton;

commend.......................................................... 264

SR 502--Atlanta Motor Speedway and Bruton Smith, Ed

Clark; commend .................................................. 264

SR 503--Fannin County; High School Football Team;

commend .......................................................... 264

SR 504--Amend Constitution; establish Environmental

Trust Fund. ..................................... 311, 464, 487, 830, 836

SR 505--Lieutenant Governor; Pierre Howard; birthday

congratulations .................................................... 316

SR 506--Designate; W.W. 'Bill' Fincher, Jr. Highway

on Highway 225. ........................... 350, 706, 728, 900, 916, 1272

SR 507--Designate; Charles A. Pannell, Sr. Highway;

portion Highway 225. ...................... 350, 706, 728, 900, 917, 1272

SR 508--Connell, Miss Wessie; former librarian; honoring ..................... 354

SR 509--East Coweta High School Choral Groups; commend ................... 354

SR 510--Whittenburger, Nancy; East Coweta HS Choral

Director; commend ................................................. 354

SR 511--Kidnapping; stranger abduction; urge educate

children about dangers. .......................... 382, 825, 850, 900, 910

SR 512--Gunn, Fred of Bartow County; commend ............................. 354

SR 513--Wade, Robert Hugh; in memory of................................... 354

INDEX

2279

SR 514--Odum, Chad; Douglas City Police Officer; Top Cop Award ............................................... 385, 469
SR 515--Teenage Pregnancy Prevention, Joint Study Committee; creation. ........................... 382, 944, 994, 1032, 1064
SR 516--Hudson, Randall (Scott) of Irwin County High School; commend ............................................. 385, 763
SR 517--Kelly, Dr. William Watkins; Foundation for Independent Colleges; commend. .................................... 385
SR 518--Competitive Natural Gas Service Study Committee; creation. ........................................ 382, 760, 794, 854, 855
SR 519--Middle Georgia College Baseball Team; commend ................ 386, 431 SR 520--Cartersville High School Football Team; commend .................... 386 SR 521--WBHF Radio, Cartersville; commend ................................ 386
SR 522--Vick, Captain Ralph E.; expressing regrets at the loss of. ................................................. 386, 469
SR 523--Senior Georgians Week at the Capitol; declaring. ........... 412, 705, 728, 763, 764
SR 524--Stephenson, Patricia Harris, Preschool Teacher; commend .......................................................... 416
SR 525--Property Conveyance; Centennial Olympic Park owned by WCC Authority. ....................... 412, 485, 563, 692, 1387
SR 526--Physical Therapy Professionals; recognizing. .......................... 416 SR 527--Smith, Loran; University of Georgia Sports
Commentator; commend. ........................................... 416 SR 528--Middle Georgia Regional Airport; U.S. Government
lease agreement. ....................... 461, 592, 671, 731, 763, 764, 1388 SR 529--Civic Illiteracy; All-American Citizen Team
Plan to Defeat; encourage. ........................ 461, 793, 826, 854, 868 SR 530--Moenk, Reverend Jean Robert; honoring ........................ 416, 899
SR 531--Amend Constitution; change minimum age for election to Senate. ........................................ 461, 897, 944
SR 532--Jordan, Kimberly Rebecca, Georgia 1996 Junior Miss; commend .................................................... 416
SR 533--English, Rachel Kathleen; commend ............................ 466, 566 SR 534--Oswald, Jerry; Legislative Coordinator, J.C.
Penny Co.; commend ............................................... 466 SR 535--Medicaid Programs; Select Oversight Legislative
Committee created. ................... 461, 593, 671, 854, 887, 1719, 2010 SR 536--Cobb Travel Studycade Club for Senior Citizens;
commend. ......................................................... 466
SR 537--Buce, Walter Howard, Jr.; expressing regret at the passing ..................................................... 466
SR 538--Millard, Al; Sheriff of Walker County; honoring .................. 466, 729 SR 539--Morris, James T.; commend ......................................... 466 SR 540--Joint Coastal Zone Management Study Committee. 482, 793, 826, 854, 866,
1853, 2033, 2034 SR 541--Hilderbrandt, James E. of Savannah; express
regrets at the passing. .............................................. 487 SR 542--The Winning Circle and Developing Responsible
Young Men; commend .............................................. 487
SR 543--Empire Real Estate Board, Inc.; commend ....................... 488, 769 SR 544--Jones, H. Wayne of Rockdale County; commend ...................... 488 SR 545--Underwood, Greg and Rena; honoring ............................... 488
SR 546--Moshier, Terry A.; Fulton County Election Board; honoring .............................. .................... 488

2280

JOURNAL OF THE SENATE

SR 547--Hartley, Shell E., Jr.; DOT District Engineer;

honoring .......................................................... 488

SR 548--Motorcycle Awareness and You Month, May 1996;

recognizing ....................................................... 565

SR 549--Murphy, Walter Young; President of LaGrange

College; commend .................................................. 565

SR 550--Smith, Hillary; Perry High School FFA; commend ............... 565, 763

SR 551--TEAM Georgia, Sober Driving Coalition; commend .................... 601

SR 552--Chamblee High School; commend .................................... 565

SR 553--Atlanta Ruckus; New Professional Soccer Team;

commend.......................................................... 595

SR 554--Educators Technology Training; committee to

study. ............................................................ 590

SR 555--Educators Technology Training; state commission

to develop. ........................................................ 590

SR 556--Joint Study Committee on Hospital Re-structuring. ......... 667, 944, 994,

1032, 1068

SR 557--Health Care; hospital re-structuring; regulatory

controls; study. ................................ 667, 944, 994, 1032, 1069

SR 558--Silver-Haired Legislature; commend ................................. 595

SR 559--Alien, Florine Stanley; congratulating ............................... 671

SR 560--Valdosta-Lowndes County Habitat for Humanity;

commend.......................................................... 672

SR 561--Mack, Wanda Pierce, 1995 GOAL Student Award;

commend ..................................................... 672, 711

SR 562--Olubuyide, Oluwamuyiwa, Perfect Score on SAT;

commend..................................................... 672, 763

SR 563--Macon and Bibb County, Area Legislative Day;

welcoming .................................................... 706, 795

SR 564--Southwest DeKalb High School Band; commend

.672

SR 565--Saraiya, Saloni, Perfect Score on SAT; commend. ................ 672, 763

SR 566--South Fulton County; Elected Officials; commend. .................... 672

SR 567--New Medical Drugs, Biologies, Devices; urge

rapid review, approval. ................... 702, 944, 994, 1032, 1060, 1529

SR 568--Minor, John T., Ill; best wishes for speedy

recovery .......................................................... 672

SR 569--Property Conveyance; convey thoroughfare to

City of LaGrange. .......................... 702, 760, 794, 830, 838, 2237

SR 570--Designate; Aden Massey Highway; Hwy 280 through

City of Hagan. ............................. 702, 794, 826, 854, 867, 1272

SR 571--Bass, Mr. and Mrs. Martin L.; honoring .............................. 707

SR 572--Firemen's Pension Fund; create joint committee to study. .......................................................... 702

SR 573--Gunn, Fred of Bartow County; Commend. ............................ 707

SR 574--Tidwell, Carl Lewis; commend

707

SR 575--Pilot International Day in Georgia; commend ......................... 707

SR 576--Houston County High School; commend .............................. 729

SR 577--Academic Decathlon for High School Students; commend organizers. ............................................... 730

SR 578--Gainesville-Hall County Task Force on Governmental

Unification. ............................. 756, 826, 828, 1719, 1928, 1929

SR 579--1995 Farmer of Year Award; commend Marilyn

and Donnie Smith. ................................................. 730

SR 580--Young Drivers Study Committee; creation. ........ 756, 898, 944, 999, 1016

INDEX

2281

SR 581--Agribusiness Drivers; hours of service exemption;

urge PSC adopt official schedule of planting and

harvest dates. ................................... 757, 792, 826, 854, 885

SR 582--Boismier, Sue and Richard; Temple Business

Persons of Year Award............................................. .763

SR 583--King, Sergeant Tommy; Temple Public Service

Award; commend .................................................. 763

SR 584--Yearty, Marilyn and Fletcher; Temple Citizens

of Year Award.

................................... 763

SR 585--Youngblood, Wendi, 1996 Georgia Watermelon

Queen; commend ............................................. 795, 827

SR 586--AARP Day at the Capitol; declaring .............................. ... 795

SR 587--Dickey, Brett Charming; Gilmer County; express

regrets at passing. ........................................... 795, 1031

SR 588--Johnston Industries, Inc.; Textile Award for

Innovation; commend .............................................. 827

SR 589--Mitchell, Roy; contribution to Georgia's Music

Industry. .......................................................... 827

SR 590--State Foster Care and Adoption Study Committee;

creation. ...................................... 822, 944, 994, 1032, 1061

SR 591--Decatur-DeKalb YMCA Partner with Youth Campaign;

commend .......................................................... 827

SR 592--Cordele-Crisp County Fish Fry and Officials; commend.......................................................... 827

SR 593--Sellers, Martin of Coffee County; birthday congratulations .................................................... 827

SR 594--Rhodes, Sergeant Ralph Michael; Georgia State

Patrol; commend ................................................... 827

SR 595--Designate; Buford C. Gilliard Bridge east of Nicholls. ........................................................ 822

SR 596--Olympic Stadium; urge name new stadium to

honor Henry Aaron. ............................ 822, 898, 944, 1000, 1017

SR 597--Sonoraville East Middle School; commend ............................ 827

SR 598--Health Care for Rural and Underserved Georgians'

Day; recognizing. ............................................ 827, 1031

SR 599--Eppinger, Mack Edward, Sr.; condolences on

the passing. ....................................................... 828

SR 600--Fraser, Dr. Whitman of Hinesville; honoring. .................... ..... 828

SR 601--General Assembly; Adjournment; February 29 to March 5. ............................................... 888, 892, 978

SR 602--Fire Ant Study Committee. ......................................... 845

SR 603--Aaron, Henry (Hank), Baseball Hall of Fame

Inductee; Honoring. ................................................ 851

SR 604--Prestige Cable TV, Inc.; commend ................................... 851

SR 605--Elsberry, Ken; commend ............................................ 851

SR 606--MacDonald, Chris; in memory of. .................................... 851

SR 607--Henderson's Restaurant; commend .................................. 851

SR 608--Blue Cross/Blue Shield of Georgia's Playground

Olympics; commend ................................................ 851

SR 609--Children; affirming principles to ensure their

welfare. ........................................................... 851

SR 610--Walker, Mrs. Lillian; honoring ...................................... 851

SR 611--Savannah St. Patrick's Day Parade and Festivities; commend.......................................................... 851

SR 612--Hudson, J.W. of Irwin County; commend ....... 899

2282

JOURNAL OF THE SENATE

SR 613--Alternative Financing for Education Joint Study Committee. .................................................. 893
SR 614--Environmental Education; encourage school outdoor classrooms. ................................................ 894
SR 615--Study Committee on Front License Plates; creation. ....... 939, 1217, 1219, 1289, 1380
SR 616--Gold, Honorable Kathleen; express regrets at the passing ..................................................... 900
SR 617--Freedom Fest (Freaknik) Weekend Event; welcoming college students. ................................................... 940
SR 618--Historic County Courthouses; authorize DNR study to identify needs. ............................................. 940
SR 619--PEACH Positive Employment and Community Help Services Program; commend ........................................ 945
SR 620--Metropolitan Atlanta Water and Sewer Services and Private Water Systems Study Committee; creation. ......... 940, 1218, 1219, 1289, 1336
SR 621-Joint Digital Signatures Study Committee; creation. .............................. 940, 1028, 1089, 1154, 1222, 1243
SR 622--Gillentine, Margaret Joy; Miss Cobb County 1996; commend .................................................... 945
SR 623--Langford, J. Beverly; expressing wishes for speed recovery ..................................................... 945
SR 624--Atlanta Church of Christ Women's Day; recognizing ........ 945 SR 625--Sons of Confederate Veterans; commend ............................. 995
SR 626--Moultrie and Colquitt County, Restoration of Historic Jail; commend ........................................... 995
SR 627--Women Marines Association Dogwood Chapter; commend .......................................................... 995
SR 628--Smoke-Free Class of 2000 Project; commend .......................... 995
SR 629--Broun, Honorable Paul C.; 80th Birthday Congratulations ................................................... 995
SR 630--East Coweta High School Choral Groups; commend ................... 995 SR 631--McNeeley, Walter; Selected Olympic Torchbearer;
commend.......................................................... 996
SR 632--Slosheye Trail Big Pig Jig, State BBQ Cooking Contest; recognizing. ............................................... 996
SR 633--Troutman, Matt; Girls Basketball National Coach of Year; commend .......................................... 1030
SR 634--Tanksley, Honorable Jeptha C.; express regret at passing ........................................................ 1030
SR 635--Edge, Senator Arthur B.; commend ................................. 1031 SR 636--Sprayberry High School; commend ................................. 1090
SR 637--Cathy, S. Truett and Chick-fil-A, Inc. 50th Anniversary; commend ...................................... 1090, 1157
SR 638--Cairo High School Baseball Field; commend naming for Jackie Robinson. ....................................... 1090
SR 639--Certificate of Need Study Committee; creation. ................ 1137, 1392, 1711, 1816
SR 640--Cairo High School; Class of 1946, 50th Class Reunion; commend ................................................ 1143
SR 641--Life Sharing Foundation, Inc.; Environmental Vocational Program at George Washington Carver High School; support. ............................... ................... 1138
SR 642--Tau Pi Omega Chapter of Alpha Kappa Alpha Sorority; commend ................................................ 1143

INDEX

2283

SR 643--African American Women Speak Out About Breast

Cancer; commend author. .......................................... 1143

SR 644--Hall, James B.; commend ........................................... 1143

SR 645--General Assembly; Adjournment; March 8 to

March 12.

...

1157, 1159, 1212, 1213, 1214

SR 646--Jackson, Ed; commend ............................................ 1219

SR 647--Gilmer Street Baptist Church, 55th Anniversary;

commend ......................................................... 1219

SR 648--Frongillo, Robert; expressing sympathy at

the passing ....................................................... 1219

SR 649--Watts, Honorable James Mote, Jr.; tribute to ........................ 1220

SR 650--Cairo High School; Track and Basketball Coach

Tommy Taylor; commend .......................................... 1220

SR 651--Curtis Baptist High School Girls Basketball

Team; commend .................................................. 1280

SR 652--Hephzibah High School Girls Basketball Team;

commend......................................................... 1280

SR 653--Hapeville Elementary School; commend ............................. 1280

SR 654--Pollard, Senator G.B. 'Jake'; tribute upon

his retirement. ................................................... 1716

SR 655--Cedar Shoals High School Football Team; commend .................. 1280

SR 656--Parrott, Harold Francis; 1947 Brooklyn Dodgers;

commend ......................................................... 1280

SR 657--Life Sharing Foundation, Inc.; Environmental

Education and Community Service Program; commend

1280

SR 658--Tucker High School Varsity Basketball Team;

commend......................................................... 1280

SR 659--Knowles, Sarah E.; 100th Birthday congratulations

1394

SR 660--Adkins, William Donald; University System

Scholar; commend ................................................ 1394

SR 661--Barge, Charles Alan; University System Scholar;

commend ......................................................... 1394

SR 662--Bennett, Maranda Dawn; University System Scholar; commend ......................................................... 1394

SR 663--Browning, Nikki Y.; University System Scholar;

commend ......................................................... 1394

SR 664--Campbell, Mary Beth; University System Scholar;

commend ......................................................... 1394

SR 665--Conkle, Heather Suzanne; University System

Scholar; commend ................................................ 1394

SR 666--Clark, Shawn Vison; University System Scholar;

commend......................................................... 1394

SR 667--DeVane, Robyn Hilliard; University System Scholar; commend ................................................ 1394

SR 668--Dubin, Cynthia Ellen; University System Scholar;

commend ......................................................... 1394

SR 669--Freeman, Traci L.; University System Scholar;

commend......................................................... 1394

SR 670--George, Timothy Paul; University System Scholar;

commend......................................................... 1394

SR 671--Handy, Laura D.; University System Scholar;

commend......................................................... 1394

SR 672--Hyers, Cecilia Rose; University System Scholar;

commend......................................................... 1394

SR 673--James, Naomi E.; University System Scholar;

commend ......................................................... 1394

2284

JOURNAL OF THE SENATE

SR 674--Mason, James A. (Jim); University System Scholar; commend......................................................... 1394
SR 675--Merchant, Amethyst Gail; University System Scholar; commend ................................................ 1394
SR 676--Milloway, Mikki; University System Scholar; commend ......................................................... 1394
SR 677--Mion, Monica Maria; University System Scholar; commend ......................................................... 1394
SR 678--Newsome, William Brian; University System Scholar; commend ................................................ 1394
SR 679--Nguyen, Adam T.; University System Scholar; commend ........................................................ 1394
SR 680--Patterson, Nicki; University System Scholar; commend ......................................................... 1394
SR 681--Peeples, Rachel; University System Scholar; commend ......................................................... 1394
SR 682--Perez, Krista K.; University System Scholar; commend ......................................................... 1394
SR 683--Ragan, Tracee Anne; University System Scholar; commend ......................................................... 1394
SR 684--Reynolds, Cynthia D.; University System Scholar; commend ......................................................... 1394
SR 685--Robbins, Grace A.; University System Scholars; commend ......................................................... 1394
SR 686--Roberson-McCormick, Sandra L.; University System Scholar; commend ......................................... 1394
SR 687--Smith, Shannon D.; University System Scholar; commend ......................................................... 1394
SR 688--Stanley, Tracy T.; University System Scholar; commend ......................................................... 1394
SR 689--Tyson, Adam Raymond; University System Scholar; commend ......................................................... 1394
SR 690--Welsh, Amy Welsh; University System Scholar; commend ......................................................... 1394
SR 691--Wheeler, Tamela; University System Scholar; commend ......................................................... 1394
SR 692--Yarbrough, Dani Melissa; University System Scholar; commend ................................................ 1394
SR 693--Zachery, Nikki L.; University System Scholar; commend ......................................................... 1394
SR 694--Agriculture Business Incentives; investment tax credits; study of. .............................................. 1390
SR 695--Sequoia High School Wrestling Team, AAAA Champions; commend......................................................... 1394
SR 696--Ross, John, United Keetoowah Band of Cherokees; honoring ......................................................... 1394
SR 697--Pelham Rotary Club, 50th Anniversary; recognizing .................. 1394 SR 698--Hand, Elsie Peacock; honoring. ..................................... 1698 SR 699--Chaplinwood Nursing Home; commend ............................. 1698 SR 700--Pinckney, Mattie; Master Baker of Pecan Pies;
recognize. ........................................................ 1698 SR 701--Fannin County; High School Girls Basketball
Team; commend .................................................. 1698 SR 702--General Assembly; Adjournment; March 15 at
12:00 Midnight to March 18. ............................ 1737, 1785, 1903 SR 703--Anderson, Alf; condolences on the passing ........................... 1925

INDEX

2285

SR 704--Georgia State Employees Union; recognizing ............. 1925

SR 705--Oglethorpe, James Edward; Recognizing Observance

of 300th Anniversary. .............................................. 1925

SR 706--Summerlin, Linda; commend ....................................... 1925

SR 707--Lester Family of Dallas and Ned and Eugene

Lester; honoring .................................................. 1926

SR 708--Camp, Coleman H.; honoring ...................................... 1926

SR 709--Hannah, Sister Bessie S.; commend ................................ 1926

SR 710--Youngblood, Sister Louise; commend ................................ 1926

SR 711--Lewis, Sister Mamie; commend ..................................... 1926

SR 712--Bradshaw, Sister Laura; commend ................................. 1926

SR 713--Williams, Sister Edna; commend ................................... 1926

SR 714--Giles, Sister Rosa; commend ....................................... 1926

SR 715--Polite, Sister Ruth; commend ...................................... 1926

SR 716--Mills, Sister Daisy; commend ...................................... 1926

SR 717--Stripling, Sister Ruth; commend ................................... 1926

SR 718--Farrow, Senator Steve; commend upon occasion

of his retirement. ................................................. 2105

SR 719--Moraetes, Tom; commend .......................................... 2215

SR 720--Coker, Honorable Lynda; commend ................................. 2216

SR 721--Towery, Honorable Matthew A.; commend ........................... 2216

SR 722--Klein, Edward W. (Kip); honoring .................

2216

SR 723--Georgia College; Sigma Theta Tau International

Anniversary; commend. ............................................ 2216

SR 724--Samuel, Reverend Kenneth L.; commend ............................ 2216

SR 725--Moore, Pastor George; commend .................................... 2216

SR 726--Dover, Honorable Bill; commend ................................... 2216

SR 727--Firemen's Pension Fund Study Committee; creation. ................. 2216

SR 728--Paulding County High School Junior ROTC Program;

recognize ......................................................... 2216

SR 729--Slotin, Senator Ron; commend ..................................... 2216

SR 730--Day, Senator Clint; commend upon occasion

of retirement from Senate. ......................................... 2216

2286

JOURNAL OF THE SENATE

PART II

HOUSE BILLS AND RESOLUTIONS

HB 6--Intangible Tax on Personal Property; repealed. ....... 978, 986, 1087, 1142,

1289, 1353, 1364, 1768, 1787

HB 15--Textbook Selection; requests by superintendents;

approval method. ..................................... No action in 1996

HB 39--Motor Fuel Transport Tank Trucks or Tandems;

direct fuel deliveries. .......................................... 666, 840

HB 42--Insurers; policies; specified premiums and

charges; report filing. .................................. No action in 1996

HB 106--Workers' Compensation Self-insurance Funds;

change provisions. .................... 7, 12, 1088, 1154, 1222, 1245, 1696

HB 107--Use of Force in Defense of Habitation or Residence;

justification. ...................................................... 7, 13

HB 146--Driver's License; replacement permits or licenses;

reduce fees. ....................... 159, 162, 262, 315, 357, 389, 418, 436

HB 148--Solid Waste Handling Facilities; landfill

siting permits; intergovernment coordination; revise

state management plans. .................... 134, 165, 196, 225, 266, 268,

282, 1159, 1212, 1275, 1295, 1625, 1642, 1697

HB 172--Regents Retirement Plan; board of trustees;

mutual fund investments. ............................. No action in 1996

HB 173--University System; optional retirement plan;

contribution rate. ............... Ill, 115, 705, 728, 900, 1095, 1096, 1274

HB 198--Bail; cash bonds; sheriffs deposits; cross-references.

No action in 1996

HB 213--Superior Court Judges Retirement; prior service

credit for juvenile court judges.

478, 482, 705, 728,

1291, 1710, 1717

HB 231--Superior Courts; employing assistant DAs;

number in each circuit. ............................................ 7, 13

HB 244--Employees' Retirement System; Dependent Child

Predeceases Retired Member; options.

100, 104, 314,

353, 389, 419, 440

HB 252--Ad Valorem; exemption; nonprofit museum property;

referendum. .......................................... No action in 1996

HB 256--Driver's License, ID Cards; issuance requirements;

prohibited acts. ...................... 410, 412, 943, 994, 1711, 1809, 2240

HB 265--Sales Tax; exemption; food purchases; abolish

state tax in 1998. ....................................... 26, 34, 52, 54

HB 273--Professional Counselors, Social Workers, Marriage

and Family Therapists; alleged incapacitating condition;

personal records. ................................. 1088, 1142, 1711, 1855

HB 280--Nursing Home Administrators; provisional licenses;

validity. ................................ 134, 165, 196, 225, 266, 284, 666

HB 284--Fulton County; Magistrates; part-time magistrate;

appointment; compensation. ....................................... 1906

HB 288--State Agencies; emergency purchasing in declared

state of emergency. ................... 1114, 1258, 1817, 1836, 1837, 1909

INDEX

2287

HB 308--Commission of Crimes Using Certain Weapons;

enhanced penalties. ..................... 262, 315, 357, 389, 418, 438, 666

HB 315--Criminal Sentences; prohibit modification

through financial payments. ................ 1277, 1279, 1710, 1720, 1906

HB 323--Housing and Finance Authority; economic development

bonds, loans. ......................................... No action in 1996

HB 338--Criminal Cases; investigative subpoenas; presence

of victim at court; witness fees; order of testimony. 1110, 1287, 2217, 2219

HB 339--Guardian Ad Litem for a Minor, Ward or Incapacitated

Person. ........................ 7, 13, 1391, 1712, 1870, 2009, 2081, 2089,

2105, 2209, 2212, 2242

HB 341--Law Enforcement Investigations; decoding;

electronic trace device. ............................................ 7, 13

HB 342--Controlled Substances; dangerous drugs; add

butorphanol; illegal trafficking of nitrous oxide;

transaction records. ............................. 7, 13, 134, 168, 180, 789

HB 350--Water Pollutants; land-disturbances; run-off;

fisheries. ............................................. No action in 1996

HB 356--County Officers; retirement benefits funded

during term; exclusion. ......................... 7, 13, 465, 949, 973, 975,

999, 1001, 1137

HB 367--Unemployment Compensation; entitlement; early

retirement. ............................. 411, 413, 849, 899, 948, 949, 950

HB 383--School Facilities Construction; architectural

and engineering plans; professional responsibility;

ownership. ................................................... 568, 590

HB 407--North Georgia Mountains Authority; employee

retirement membership.

938, 940, 1277, 1279, 1486, 1669

HB 433--Osteoporosis Prevention and Treatment Education Program; provide. ..................................... No action in 1996

HB 449--GBI Narcotics Agents; prior service credit,

Employees' Retirement. ................... 380, 382, 485, 563, 1289, 1337

HB 460--Adult Care; assisted living communities; new

category of facilities. ............................. 1074, 1080, 1390, 1392

HB 485--Probate Courts; Judges; retirement; spousal

benefits; selection options.. ............................. No action in 1996

HB 500--QBE; funding weights; special education programs;

add new category.

113, 115, 825, 850, 900, 929, 932,

948, 950, 1696

HB 506--Superior Court Judges Retirement; minimum

age, number of years. .......................... 48, 49, 705, 728, 949, 960

HB 508--Coroners, Deputy Coroners; pronouncement of

death; conditions. ...

314, 353, 389, 419, 442, 666

HB 513--Firearms; sale of handguns; state criminal

background check law. ................................ No action in 1996

HB 514--Law School Public Prosecutor Act; assistance

in municipal courts. .................................. 113, 115, 898, 944

HB 522--License Plates; special; Pearl Harbor veterans;

repeal certain fee. ......................... 460, 461, 793, 826, 1096, 1127

HB 528--Public Health; create new state department

and board. ........................................... No action in 1996

HB 555--Professional Employer Organization Act; employee

leasing companies. .............................. 460, 462, 849, 899, 1713

HB 580--Discovery Provisions; judgment debtors; magistrate

court proceedings. ........................... 112, 116, 486, 563, 949, 972

2288

JOURNAL OF THE SENATE

HB 586--Teachers Retirement; creditable service; former ERS members who reestablish withdrawn contributions. ............. 380, 382, 485, 563, 1095, 1111
HB 587--Family Caregiver Support; inhome care demonstration grant program. ............................................... 978, 986
HB 588--Teachers Retirement; obtaining credit; absences due to pregnancy. .............. 60, 63, 135, 165, 196, 225, 266, 285
HB 590--Veterans Returning to Public Employment; retirement credit. ................................. 112, 116, 314, 353, 389, 419, 444
HB 598--Cobb County; State Court; judge pro hac vice; appointment. .............................. 7, 14, 1028, 1154, 1222, 1257
HB 609--Motor Common Carriers; PSC certificates; rules, jurisdiction. ..................................................... 7, 14
HB 611--Dangerous Drugs; regulate distributors, researchers, pharmacists. ..................................................... 7, 14
HB 625--Atlanta, City of; Traffic Court; increase fees imposed for jail purposes. .............. 1020, 1022, 1278, 1279, 1465
HB 626--Insurance Commissioner; authority; service agreements; reports. ........................................ 1062, 1071
HB 653--OCGA; delete term "handicap"; insert term "persons with disabilities; remove accessibility barriers to public facilities. ................................................ 7, 14
HB 655--Police Accelerant Detection Dogs; offense of destroying, injuring. ............................ 7, 14, 486, 1289, 1340
HB 656--Financial Transaction Card Fraud; using cardholder's account number. ............................ Ill, 116, 414, 465, 900, 922
HB 660--Inmates; battery or assault against correctional officer; security. ........................... 478, 482, 670, 706, 1486, 1673
HB 667--Ad Valorem; freeport exemption; aircraft engine remanufacturing. .................... 788, 790, 849, 899, 1095, 1104, 1274
HB 678--Teachers Receiving National Certification; increase state salary. .................................. No action in 1996
HB 679--Superior Court Judges; disability retirement benefits. ............................. 59, 63, 135, 165, 196, 225, 266, 287
HB 691--Teachers Retirement; eligibility after 25 years regardless of age. ................ 60, 63, 135, 165, 196, 225, 266, 289
HB 694--State Agencies; prohibited expenditures; certain activity, behavior. ..................................... No action in 1996
HB 695--Marriage Licenses; legal surname; surname from previous marriage. .............. 99, 104, 262, 315, 357, 389, 419, 438
HB 699--Camden County; Commissioners; conflict of interest votes; deputy sheriffs. ......................... No action in 1996
HB 713--Municipal and County Police Departments' Nomenclature Act of 1996. ....................... 982, 986, 1089, 1142, 1712, 1891, 2240
HB 717--Vehicle Loads; excess maximum length; single-trip emergency permit. .................................... No action in 1996
HB 726--Medical Facility Staff Privileges; psychologists; osteopaths. ..................................... 700, 702, 943, 994, 1713
HB 743--Trial Judges and Solicitors Retirement; contributions for spouse. ........................... 87, 93, 135, 165, 196, 226, 266, 290
HB 749--Fulton County; School Employees; minimum pension benefits; remarriage; age. ...................... 48, 50, 314, 353, 389, 419, 450
HB 756--Ad Valorem; exemption; vans and buses owned by religious groups. ......................... 381, 383, 704, 728, 949, 962, 966, 999, 1000, 1110, 1211, 1212

INDEX

2289

HB 773--Sheriffs; retirement; increase monthly benefits. ........... 47, 50, 135, 165, 196, 226, 266, 292
HB 779--Auctioneering Businesses; licensure; revocation grounds; ID cards. ....................... 99, 104, 191, 221, 267, 317, 331
HB 782--Trial Judges Retirement Fund; State Court of Richmond County .................. 47, 50, 135, 165, 196, 226, 266, 294
HB 800--Dacula, City of; mayor and council; filling vacancies in office. ............................................ 221, 223
HB 807--Local School Systems; include both county and independent system. ................ 158, 162, 314, 353, 389, 419, 452
HB 813--Bail Bonds; professional bondspersons; fingerprint records search. ............................................... 700, 703
HB 838--Insurers; (RBC) risk-based capital plans; reports; corrective orders. ..................... 559, 561, 1276, 1279, 1710, 1724, 2240
HB 840--Charitable Fundraising Campaigns; regulation of paid solicitors. ...................... 1019, 1023, 1278, 1279, 1486, 1675
HB 841--Insurers; receivers in delinquency proceedings; immunity; indemnity. ......................................... 100, 104
HB 843--Fulton County Building Authority; projects; juvenile court facility. ...................... 1077, 1083, 1278, 1279, 1465
HB 844--Childhood Vaccination Registry Program; establish statewide. ............................. 381, 383, 727, 760, 900, 933, 1136
HB 845--Probate Court Judges; calculation of retirement benefits. ............................. 74, 79, 135, 165, 197, 226, 266, 295
HB 852--State Employees; Retirement System; re-establishing service credit. .......................... Ill, 116, 314, 353, 389, 419, 453
HB 868--Campaign Contributions; disclosure; report accuracy; loans to campaign committees; return excess contributions. ......................................... No action in 1996
HB 873--Fine Art; electronic images; duplications; customer responsibility. ........................ 788, 790, 848, 899, 1154, 1222, 1232
HB 885--Public Schools; curriculum; prescribe course to foster family units. ......................................... 478, 482
HB 896--Probate; judges retirement fund; benefits for secretary-treasurer. ........................ 86, 93, 135, 165, 197, 226, 266, 298
HB 907--Fraudulent Transactions Involving Timber or Agriculture; penalties. ..................... 160, 162, 898, 944, 1153, 1222, 1229, 1696
HB 935--DeKalb County; ad valorem; exemption; collection of local sales tax. ..................................... No action in 1996
HB 958--Investigators Employed by Secretary of State; retirement membership. ....................... 59, 63, 135, 165, 197, 226, 266, 300
HB 963--Teachers Retirement; benefit rights; employees of Fulton County. ..................... 1019, 1023, 1141, 1219, 1486, 1666
HB 966--District Attorneys and Staff; travel; disability; accusations. .............................. 410, 413, 670, 706, 1096, 1128
HB 973--Carroll County; Board of Education; new election districts. ............................................. No action in 1996
HB 977--Teachers Retirement; membership; payment of reinstatement fees. ..... 87, 93, 135, 165, 197, 226, 266, 302
HB 978--Housing and Finance Authority; employees; retirement membership. ............... 86, 94, 135, 165, 197, 226, 266, 303

2290

JOURNAL OF THE SENATE

HB 1006--District Attorneys; retirement; transferring

prior service credit. ................... 1021, 1023, 1141, 1219, 1485, 1618

HB 1012--Federal-State Shipping Inspection Employees

Retirement. .......................... 47, 50, 135, 165, 197, 226, 266, 305

HB 1014--Fireworks, Explosives; storage magazines;

licenses; display permits; inspections; prohibit employ

minors. ........................... 788, 790, 1391, 1392, 1711, 1849, 2239

HB 1015--Probate Court Judges; spouses' benefits upon

death or divorce. ................. 86, 94, 135, 165, 197, 226, 266, 317, 318

HB 1025--Teachers Retirement; disability benefits;

effective date. ........................... 159, 162, 314, 353, 389, 419, 455

HB 1030--Guardian and Ward, Heirs and Beneficiaries,

Administrators and Trustees; comprehensively revise

O.C.G.A. Titles 29 and 53. .................... 810, 822, 1141, 1219, 1289,

1371, 1769, 1808, 1809

HB 1033--Religious, Pastoral Counselors; prohibit

sexual contact with client. .......................... 788, 790, 1391, 1392

HB 1042--Richmond County; Public Schools; changing

symbolic colors or mascot; procedures. ............. 191, 221, 267, 317, 332

HB 1046--Part-time Employees of the Legislative Branch;

retirement credit. ....................... 982, 986, 1141, 1219, 1484, 1523

HB 1047--Peace Officers' Benefit Fund; payments while

temporarily reemployed. ....................... 47, 50, 135, 165, 197, 226,

266, 317, 321

HB 1057--Lithia Springs Community Improvement Districts;

create. ....................................................... 415, 417

HB 1065--Superior Court; new judgeships; procedure

to introduce legislation. ............................. 112, 116, 1141, 1219

HB 1070--Employees of a County DFACS; ERS retirement

membership; deadlines. ........................ 86, 94, 135, 165, 197, 226,

266, 317, 322

HB 1076--New Speculative Homes; handicap access; bathroom

door standards. ............................... 891, 894, 1390, 1392, 1713

HB 1078--Business Development Corporations; member

loans; rate of interest.

938, 940, 993, 1029, 1153,

1222, 1223

HB 1086--Inmates; work on outdoor assignments; state

institutions utilize. ................................... 309, 311, 485, 563

HB 1088--District Attorneys; retirees holding public

office, practicing law. ..................... 842, 845, 993, 1029, 1096, 1115

HB 1099--Teachers Ineligible Retirement; health insurance

monthly premiums. ..................... 112, 117, 314, 353, 389, 419, 456

HB 1101--Intangible Tax on Property, Short-term Notes;

repealed. ............................... 978, 986, 1087, 1142, 1289, 1340,

1351, 1768, 1787, 1788

HB 1115--Educators; adverse actions against students

required attend judicial proceedings; contempt of

court. ........................................... 1021, 1023, 1141, 1219

HB 1118--Solid Waste Disposal Sites; municipal landfills;

restrict location. .......................... 217, 219, 593, 671, 1096, 1123

HB 1122--Televised, Videotaped, Filmed Judicial Proceedings;

set standards. ..................... 984, 986, 1391, 1392, 1710, 1753, 1754

HB 1124--Taxes Paid by Electronic Funds Transfer;

transmitting documents. ................. 158, 162, 221, 263, 318, 356, 362

HB 1125--Georgia Tax Code; incorporate provisions

of current federal laws. .................. 158, 162, 221, 263, 318, 356, 363

INDEX

2291

HB 1130--Insurance Premium Tax; exemption; insurers

of places of worship. .................. 308, 312, 849, 899, 1710, 1791, 1908

HB 1145--Divorce Cases; inapplicable provisions; no minor children involved. .............................. 74, 79, 1391, 1392

HB 1149--Mental Health; state institutions; patient cost of care; billing. .................. 381, 383, 849, 899, 1095, 1114, 1273

HB 1151--Coin-operated Amusement Games or Devices;

winning players; rewards. ................. 380, 383, 463, 487, 1095, 1106

HB 1152--Public Service Commission; powers; regulate

motor contract carriers.

...

478, 482, 728, 760, 949, 999, 1001

HB 1154--Inmates; medical care; recovery of costs; actions against assets. ........................ 460, 462, 1027, 1089, 1290, 1485, 1651, 1904

HB 1155--Occupation Tax; exemption; disabled veterans, blind persons, nonprofit agricultural vendors. ......... 938, 940, 1277, 1279, 1710, 1776, 1875, 2043

HB 1156--North Georgia College ROTC Program; nonresident

student tuition. ...................................... 558, 561, 670, 706

HB 1159--Seafood; taking of shrimp by cast net; allowable limit. ....................................... 98, 104, 118, 136, 168, 186

HB 1160--Boat Safety; life preservers; child under age 10 on moving vessels; restricted operation areas. ...................................... 60, 63, 464, 487, 1289, 1368, 1370, 1710, 1716, 1906

HB 1161--Boat Registration; private agents for DNR; fee for services......................... 60, 64, 464, 487, 1290, 1485, 1664

HB 1162--Fishing; Regulations, Restrictions, Prohibitions; revise provisions. .............................. 87, 94, 464, 487, 948, 953

HB 1166--Special County 1% Tax; projects; public safety, airports, education. ................................ 938, 941, 1087, 1142

HB 1168--Offense of Public Indecency; jails and correctional institutions. ............................ 188, 190, 313, 353, 389, 419, 457

HB 1169--Georgia State Museum Authority Act; create public corporation. ................................... 349, 350, 594, 671

HB 1170--Public Agencies; fees for copying, search, retrieval of documents. ............. . .... 87, 94, 191, 221, 267, 317, 332

HB 1172--Judicial Sales; debtor prohibited hinder officer enforcing judgment.

100, 105, 1391, 1392

HB 1174--Real Estate Transfer Tax; exemption; deeds from foreclosure sales. ....................... 112, 117, 221, 263, 318, 356,

364, 666

HB 1175--Workers' Compensation; insurers; rate filings; prohibited practices.............................. 160, 163, 593, 671, 1089

HB 1179--Mass Transportation Services; public agencies; local contracts. ............................................... 395, 408

HB 1181--White County; Advisory Referendum on Land Use, Farm Winery Sales, Animal Control. ................... 47, 49, 96, 97

HB 1183--HMOs or Health Care Networks; prohibit sanction

certain providers; allow point of service optional

coverage. ..................... . . . . 160, 163, 1088, 1142, 1289, 1376, 1380

HB 1186--Appropriations, Supplemental; SPY 1995-1996. ......... 218, 219, 414, 465,

489, 490, 536, 564, 567, 586, 602, 650, 651, 721

HB 1188--Traffic Misdemeanor Cases Transferred Other Jurisdiction; bonds. ...................... 100, 105, 994, 1029, 1711, 1849

2292

JOURNAL OF THE SENATE

HB 1192--Municipalities; annexation by local Act;

establish effective date. ..................... 1076, 1082, 1142, 1219, 1484,

1523, 1530

HB 1193--Inmates; work details; penal labor; secure

by use of leg chains. ........................................... 354, 383

HB 1194--Insurance Agents; persons exempt license

maintenance requirements. ........................... 159, 163, 464, 487

HB 1195--OCGA; code revisions; modernization, correction;

reenact statutes. ......................... 99, 105, 221, 263, 318, 356, 365

HB 1196--OCGA; Title 21, Elections; correct errors

and omissions. ........................... 99, 105, 221, 263, 318, 356, 366

HB 1197--Juveniles Held in Custody; felony penalty

to assist escape, provide illegal contraband; crimes

against DCYS personnel. ..................... 112, 117, 1141, 1219, 1484,

1578, 1905

HB 1198--Permits to Solicit Charitable Contributions

on Local Streets, Roads. .............. ......... 558, 562, 759, 794, 1095,

1105

HB 1199--Evidence; witness fees; Natural Resources

law enforcement officers. .............. 87, 94, 262, 315, 357, 389, 419, 439

HB 1200--Intangible Property Tax Assessments; taxpayer

appeals; extend time. ....

158, 163, 221, 263, 318, 356, 366

HB 1201--Washington County; vehicle registration;

nonstaggered period. ....... 59, 64, 96, 98

HB 1202--QBE Capital Funding; exceptional growth;

migrant student grants. ................. 843, 846, 1140, 1219, 1486, 1666

HB 1203--Zoning Hearings on Proposed Decisions; presentations;

time period. .............................. 460, 462, 728, 760, 1096, 1119

HB 1204--Calhoun County; motor vehicle registration

period. ......................................................... 59, 64

HB 1205--Clay County; motor vehicle registration period. .................... 59, 64

HB 1207--Augusta-Richmond Consolidated Government

Coliseum Authority Act.

1272, 1275, 1697, 1700, 1708, 1769

HB 1208--Garnishment Summons; filing; approval by

deputy clerk of court. ...................... 159, 163, 728, 760, 1096, 1122

HB 1209--State Agencies; rules; amendments, changes;

content of synopsis. ........................................... 479, 483

HB 1211--Prekindergarten Programs; toilet facilities

screened for privacy. ................... 188, 190, 415, 465, 949, 969, 1274

HB 1214--Schools; pocket pagers or electronic devices;

permission policy. ............................................. 665, 667

HB 1218--Superior Court; secretaries employed by judges;

pay schedule, steps. ............ 665, 668, 898, 944, 1095, 1100, 1103, 1153,

1222, 1231, 1608, 1750, 1786, 1846, 2070, 2072, 2241

HB 1221--Building Construction Codes; plumbing, water

and sewer line inspections; fire safety code

standards. .......................... 820, 822, 993, 1029, 1485, 1612, 1907

HB 1222--Community Improvement District Act; enact;

benefits assessments. .................... 890, 894, 1142, 1219, 1711, 1817,

1874, 2010, 2077, 2081, 2168, 2192, 2242

HB 1224--OCGA Title 12; Natural Resources; update

certain effective dates. ..................... 309, 312, 464, 487, 1095, 1108

HB 1225--City of Richmond Hill Recreation Authority;

creation. .............................................. 74, 79, 107, 109

HB 1226--Ad Valorem; delinquent taxes; judicial in

rem tax foreclosures. ................. 159, 163, 704, 728, 1485, 1654, 1904

INDEX

2293

HB 1227--Hazardous Site Reuse and Redevelopment Act;

enact. ................. 983, 987, 1089, 1142, 1223, 1288, 1323, 1335, 1696

HB 1228--Boats Participating Olympics or Paralympics;

equipment exemption. ................... 159, 164, 314, 353, 389, 419, 458

HB 1229--Vending Machines; sales tax collection; reporting

of sales. ............................... 700, 703, 760, 794, 949, 966, 1137

HB 1230--Motorcycle and Electric Assisted Bicycles;

requirements to operate. ....................................... 665, 668

HB 1231--Municipalities; annexation of property; zoning

decisions; notices. ..................... 410, 413, 728, 760, 948, 949, 1278,

1485, 1658, 1904

HB 1232--Elections; write-in candidates; mandatory

drug testing certificates. ....................... 410, 413, 1027, 1089, 1713

HB 1234--Wills; self-proved codicils; officer authorized

take affidavit. ........................... 99, 105, 1028, 1089, 1711, 1850

HB 1235--Evidence; unavailability of witness; introduction

of photographs, motion pictures, videotapes, audio

recordings. ............................. 701, 703, 1028, 1089, 1222, 1259

HB 1239--Indigent Defense Council; create mental health

advocacy division. ......................... 113, 117, 670, 706, 1095, 1107

HB 1241--Sales Tax; exemption; purchases by nonprofit

in-patient hospices. ......................... 459, 462, 592, 671, 949, 971

HB 1243--Commercial Driveway Permits and Automobile

Carrier Configurations. ....................... 309, 312, 1218, 1219, 1484,

1581, 1786, 2037, 2038

HB 1252--Municipalities; election qualifying periods;

number of days. ........................ 984, 987, 1142, 1219, 1485, 1611

HB 1253--Vehicles Previously Titled in Another State;

repeal additional fees. .............. 159, 164, 221, 263, 318, 356, 388, 408

HB 1255--Urban Redevelopment Law; delete reference

to slum areas; distressed. ...................... 701, 703, 1028, 1089, 1713

HB 1256--Highways; traffic signs, railroad signals;

interference; offenses of homicide and serious injury;

speed detection devices.. ........... 309, 312, 1276, 1279, 1712, 1856, 2077,

2100, 2145, 2162, 2219, 2225, 2242

HB 1259--LaGrange, City of; Personnel Grievance Appeals

Board; creation. ........................................ 86, 95, 118, 120

HB 1263--Ginseng Protection Act; grower registration;

harvesters; season. ..................... Ill, 117, 220, 263, 318, 357, 388,

418, 431

HB 1265--Appropriations, General,

SFY 1996-1997.

935, 1027, 1089, 1153, 1159, 1204, 1211, 1242,

1245, 1274, 1286, 1954, 2001, 2009

HB 1266--Charitable Solicitation Campaigns; requirements

of paid solicitors. ..................................... 564, 591, 759, 794

HB 1268--Handicapped Persons; right to use service

capuchin monkeys. ................. 160, 164, 1088, 1142, 1712, 1872, 2239

HB 1269--Entomology Act; definitions; eradication

of plant pests. .................... . . . . 158, 164, 220, 263, 318, 357, 388,

418, 432

HB 1270--Unemployment Compensation; employer contribution

rates; benefits subject taxation; violation of drug-free

workplace policy. .................... 410, 413, 849, 899, 1154, 1222, 1243

HB 1272--Used Car Dealers; advertising license number;

local authority to impound vehicles displayed at unlicensed

facilities. ...................... 700, 703, 848, 899, 1290, 1711, 1796, 1908

2294

JOURNAL OF THE SENATE

HB 1278--Common-law Marriages Entered Into After January

1, 1997 are Invalid.

.........

665, 668, 794, 826, 1290, 1484,

1499, 1905

HB 1279--Bonds of Agricultural Product Dealers; complaints;

notice of breach. ....................... 112, 117, 220, 263, 318, 357, 388,

418, 432

HB 1283--Hospital Authorities; county of less than

45,000; purchaser by contract agrees to fund indigent

care. .......................................... 724, 943, 994, 1289, 1330

HB 1284--Prison Litigation Reform Act of 1996; enact. ................ 663, 668, 897,

944, 1095, 1113

HB 1287--Drug Related Indictments on Same Parcel of

Property; nuisance. ................ 723, 725, 1028, 1089, 1154, 1222, 1231

HB 1290--Clean Air Standards; motor vehicle emission

inspections; certificate requirements; prohibit centralized

testing. ....................... 588, 591, 943, 994, 1290, 1483, 1488, 1491,

1709, 1713, 1908

HB 1291--Workers' Compensation; change provisions

relating to injury, benefits, civil penalties, impairment

ratings, rehabilitation suppliers, guardians. ................ 460, 462, 593,

671, 900, 923, 1137

HB 1293--State Military Property and Fiscal Officer;

designation; authority. .................... 820, 823, 849, 899, 1711, 1816

HB 1295--Deposit Account Fraud; worthless instruments;

interest payments. .............. 1021, 1023, 1277, 1279, 1712, 1888, 2240

HB 1296--Jails; acceptance of persons in need of immediate

medical treatment. ..................... 723, 725, 825, 850, 949, 955, 1137

HB 1299--Parental Responsibility Act; duties in Juvenile

Court proceedings. ................... 410, 413, 728, 760, 1290, 1485, 1615

HB 1300--MARTA; reserve funds; use of interest income

earned; effective date. ................ 308, 312, 850, 899, 1290, 1711, 1832

HB 1310--Livestock Dealers; definitions; inclusion

of term 'equines'. ....................... 113, 118, 220, 263, 318, 357, 388,

418, 433

HB 1311--Equines; animal health; veterinary services

at equine sales. ........................ 113, 118, 220, 263, 318, 357, 389,

418, 434

HB 1316--Offense of Statutory Rape; perpetrator age

21; different penalties. .......................... 587, 591, 793, 826, 1154,

1222, 1237

HB 1317--Public Buildings; use of pesticides, fumigants;

notice requirements. .................... 720, 725, 1140, 1219, 1288, 1321,

1905

HB 1318--Ballots; placement of candidates filling

unexpired term of office. ........................ 788, 791, 899, 944, 1153,

1154, 1155

HB 1319--Rental Vehicles; levy of 3% excise tax in

special tax districts. ....................... 479, 483, 825, 850, 1223, 1288,

1291, 1295, 1616, 1674, 1786, 1794, 2034, 2037, 2241

HB 1320--Diabetes or Osteoporosis Outpatient Services;

insurance coverage. ........................................... 843, 846

HB 1322--Misdemeanor Violations Involving Marijuana

and Alcoholic Beverage Possession; probate court jurisdiction.

981,

987, 1277, 1279, 1486, 1692, 1906

HB 1326--Pharmacists; allow formation of professional

corporations .............................. 559, 562, 759, 794, 1096, 1129

INDEX

2295

HB 1327--Georgia Golf Hall of Fame; nonprofit corporation powers; tax status. ........................ 559, 562, 942, 994, 1096, 1129
HB 1328--Georgia Council for Welfare Administration; creation. ................... 982, 987, 1088, 1142, 1289, 1331, 1335, 1483, 1497, 1498
HB 1330--Dentists, Dental Hygienists; license renewal; teaching licenses. ....................... 587, 591, 1088, 1142, 1483, 1498
HB 1331--Driver's License; organ donor information; provide for disclosure. ..................... 650, 656, 943, 994, 1485, 1609
HB 1333--Berrien County; Board of Commissioners; compensation; county-wide elections. ................................ Ill, 118, 191, 194
HB 1336--Congressional and Legislative Redistricting; effect of changes on membership of certain boards and bodies. ................................. 309, 312, 1027, 1089, 1484, 1576
HB 1338--Patient Protection Act of 1996; enact. ................ 724, 725, 1088, 1142, 1222, 1261, 1268, 1274
HB 1341--Regional Jail Authorities; criminal procedure; additional authority. .................... 460, 462, 1276, 1279, 1710, 1740
HB 1343--City of Roswell; ad valorem taxes; exempt certain age, income. .................................. 217, 219, 384, 386
HB 1344--Lilburn, City of; adoption of ordinances; change procedures. ................................. 348, 351, 1392, 1395
HB 1355--Housing Authorities; powers; private enterprise agreements; property tax exemption; revise definition of slum areas. ......................... 559, 562, 728, 760, 900, 932, 1136
HB 1361--Health; repeal Chapter 25 relating to articles of bedding. ................................... 478, 483, 1088, 1142, 1713
HB 1362--Minors; dangers of alcohol, drugs; Public Safety contractors teach. ........................... 891, 894, 1140, 1219
HB 1363--Webster County; vehicle registration; 4-month staggered period. .................................... 131, 133, 353, 355
HB 1364--Ad Valorem; tangible property; installment payments; time when due. ................. 460, 462, 704, 728, 1485, 1656
HB 1365--Cigarettes, Tobacco Products; sales to minors; strict regulations. ....................... 983, 987, 1276, 1279, 1486, 1669
HB 1366--State Boards, Agencies, Committee Meetings; telephone conferencing. ....................... 843, 846, 1142, 1219, 1290, 1485, 1610, 1907
HB 1367--Sales Tax; special county 1%; resubmitting question of imposing tax. .................. 666, 668, 760, 794, 1289, 1331
HB 1368--General Assembly Members; increase daily expense allowance; per diem differential; air travel; equipment purchases. ................... 821, 823, 1028, 1089, 1713, 1901, 2164, 2240
HB 1370--Juvenile Felony Offenders; notify school officials upon release; youth religious activities. ......... 309, 313, 943, 994, 1290, 1486, 1672, 1673, 1710, 1715, 1873, 2014
HB 1372--Public Service Commission; election of members from five districts. .............................. 650, 656, 705, 728, 1713
HB 1373--City of Ivey; municipal court jurisdiction; state misdemeanor cases. ............................. 131, 133, 191, 194
HB 1374--Norcross, City of; City Council; appointed officers; mayor residency; delinquent tax collection; retirement plan. ..................................... 259, 261, 353, 355

2296

JOURNAL OF THE SENATE

HB 1375--Unemployment Compensation; increase weekly

benefit amount; State-wide Reserve Ratio

computation. ...................... 843, 846, 1088, 1142, 1290, 1485, 1616

HB 1376--Woodbine, City of; new charter. ....................... 131, 133, 191, 194

HB 1377--Alpharetta; taxes to retire bond indebtedness;

homestead exemption. ................................ 217, 220, 384, 386

HB 1378--Fulton County; ad valorem taxes; exempt certain

persons.......................................... 1133, 1138, 1909, 1911

HB 1380--Criminal History Records; disclosure to owners

of rental dwellings. ........................................... 259, 261

HB 1382--Tax Assessments, Property Valuation; use

of electronic data systems. ........................... 821, 823, 993, 1029

HB 1383--Local Governments; state mandated expenses;

uniform effective date. ..................... 558, 562, 794, 826, 1711, 1845

HB 1385--Acts of General Assembly; local legislation;

notice requirements.

982, 987, 1142, 1219, 1712, 1899

HB 1387--Swainsboro, City of; change corporate limits.

157, 164, 221, 223

HB 1388--Uniform Commercial Code; bank deposits, collections,

negotiable instruments; comprehensive revisions. .......... 723, 725, 1141,

1219, 1289, 1373

HB 1390--Mitchell County; motor vehicle registration;

four-month period. ................................... 157, 164, 263, 265

HB 1392--Gainesville, City of; School District; ad

valorem tax millage rate. ............................. 157, 164, 221, 223

HB 1393--Lamar County Livestock and Agriculture Exposition

Authority; create. .................................... 157, 165, 705, 707

HB 1394--Physician's Hospital Staff Privileges; restrict

basis for denial. ............................ 1020, 1024, 1087, 1142, 1713

HB 1396--Judicial Offices; persons ineligible; Supreme

Court order to remove. ................ 1020, 1024, 1391, 1392, 1711, 1854

HB 1398--Insurance; redefine types of casualty, credit;

premiums; rates. ........................ 820, 823, 1088, 1142, 1289, 1335

HB 1399--Sales Tax; special purpose local option capital

outlay projects; exempt certain nonprofit sale items,

agricultural machinery.

1019, 1024, 1275, 1279, 1484, 1573,

1574, 1709, 1714, 1853, 1932, 1936

HB 1400--Telemarketing or Internet Activities; offenses

involving intentional criminal theft; penalties. .............. 724, 725, 825,

850, 948, 954

HB 1401--State Court Judges; compensation; minimum

salary provisions.

891, 894, 1141, 1219, 1289, 1381

HB 1403--Hotel-Motel Excise Tax; change provisions;

time period collectable. ......................... 588, 591, 704, 728, 1484,

1529, 2038, 2039, 2059

HB 1404--Insurers, Agents; change numerous provisions

relating requirements. ........................ 978, 988, 1276, 1279, 1484,

1530, 1544, 1751, 1795, 1842, 1865, 2132, 2143, 2241

HB 1405--Warehousemen; storage of agricultural products;

electronic receipts. ........................ 723, 726, 792, 826, 1711, 1794

HB 1407--Muscogee County; Magistrate Court; additional

magistrate. .......................................... 157, 165, 221, 224

HB 1409--Chatham County; Magistrate Court; magistrates;

nonpartisan election; terms. ........................ 157, 165, 1089, 1091

HB 1410--Chatham County; Probate Court; judge; nonpartisan

election. ........................................... 158, 165, 1697, 1698

INDEX

2297

HB 1411--Chatham County; Recorder's Court; judges; nonpartisan election. ............................... 158, 165, 1697, 1698

HB 1415--Elections; voting precincts boundaries; method to change; notices. ............................................ 665, 668

HB 1419--Public Housing Programs; transfer certain

duties to Department of Community Affairs; contracts. ............... 380,

383, 485, 563, 1096, 1124

HB 1420--Vital Records; stamp birth certificate deceased;

purge names on voter lists; health care data reports. ............. 755, 757, 1141, 1219, 1486, 1690, 1751, 1880,

2009, 2011, 2166, 2168, 2241

HB 1425--Business Corporations; revise provisions; mergers, stock exchanges. .................. 1073, 1078, 1391, 1392, 1712,

1895, 2239

HB 1428--Elbert County; State Court Judge and Solicitor; salaries. ............................................. 158, 165, 221, 224

HB 1429--State Board of Hearing Aid Dealers and Dispensers; membership. ........................... 843, 846, 1087, 1142, 1485, 1657

HB 1430--State Courts; office of solicitor-general

created; revise laws. ................... 1052, 1391, 1392, 1710, 1722, 1907

HB 1431--National Guard Olympic Support Activities;

authority of Governor. ..................... 700, 703, 793, 826, 1095, 1107

HB 1437--Animals Defined as Nontraditional Livestock for Purposes of Laws. ................ 588, 591, 704, 728, 1485, 1617, 1907

HB 1439--Insurance; nonrenewal based upon termination

of agency agreement. ................. 701, 704, 849, 899, 1290, 1484, 1575

HB 1440--Emergency Management Preparedness and Assistance

Trust Fund; create. ................... 1076, 1082, 1390, 1392, 1711, 1845

HB 1442--Antifreeze; recycled, reclaimed or reprocessed;

servicing vehicles. .................. 982, 988, 1140, 1219, 1710, 1793, 1906

HB 1443--Revenue Department; retention of tax collection fees to defray cost. ........................ 723, 726, 825, 850, 1096, 1118

HB 1444--Student Disciplinary Decisions; notice, timing;

appeal procedures. ............................... 1021, 1024, 1390, 1392

HB 1447--Cities of 300,000 or More; re-create state court; jurisdiction; offenses against traffic laws.

1018, 1026, 1278, 1279,

1466, 1467, 1476, 1696

HB 1450--Cherokee County Parks and Recreation Authority; appointments. ....................................... 188, 190, 263, 265

HB 1452--Hunting; killing of bears by beehive property

owners; conditions. ............................................ 308, 313

HB 1454--State Employee Charitable Donations; define qualified organizations. .................... 588, 592, 728, 760, 1096, 1125

HB 1458--Ad Valorem; conservation use covenants; family

owned farm entities. ...................... 755, 757, 792, 826, 1153, 1222, 1227, 1696

HB 1467--Judicial Assistance; judges serving in other courts; compensation. ...................... 1072, 1078, 1277, 1279, 1712,

1871, 2058, 2072, 2073

HB 1469--Cobb County; Board of Commissioners; chief executive officer; county manager. .............................. 217, 220

HB 1475--World Congress Center Authority; enforcement powers; facility usage. ...................... 349, 351, 466, 485, 563, 1095,

1099, 1274

2298

JOURNAL OF THE SENATE

HB 1479--Criminal Procedure; posting bail bonds; time for Grand Jury to hear charges; drug cases bailable before Superior Court; depositions. ....................... 842, 846, 1141 1219, 1290, 1485, 1622, 1786, 2066

HB 1483--Hiawassee, City of; Mayor; 4-year term of office. ............................................... 259, 261, 353, 355

HB 1484--Municipal, County, and Volunteer Fire Departments Nomenclature Act. ...................... 982, 988, 1089, 1142, 1712, 1900

HB 1486--Tax Executions; property tax sales; amounts

payable for redemption.

755, 757, 825, 850, 1712, 1901,

2090, 2145, 2148, 2240

HB 1487--Hotel-Motel Excise Tax; authority of local consolidated governments. ...................... 478, 483, 704, 728, 1154, 1222, 1233, 1237, 1289, 1329, 1904

HB 1492--Employee Job Performance; disclosure of information by employer. ......................... 1075, 1081, 1276, 1279, 1484, 1574

HB 1493--Professional, Business Licensing Authorities; disciplinary actions. ..................... 587, 592, 1141, 1219, 1290, 1484,

1522

HB 1494--Workers' Compensation; policyholder premium adjustment; rating plan. .................... 1020, 1024, 1276, 1279, 1484,

1572, 1907

HB 1496--Methadone Treatment; authorize certain clinic

pharmacies dispense.

755, 757, 1391, 1392, 1711, 1846

HB 1497--Regional Development Centers; contracts; exception to prohibitions. ....................... 478, 483, 794, 826, 1095,

1103

HB 1498--Respiratory Care Professionals; renewal of certification ............................ 756, 757, 1088, 1142, 1484, 1588

HB 1500--Stewart County; Board of Education; members; compensation, expenses. ............... .............. 259, 261, 384, 386

HB 1501--Business Expansion Incentives; income, sales tax credit, exemption. ....................... 664, 669, 760, 794, 949, 976

HB 1502--Atlanta, City of; New Charter and Bill of Rights. ......................... 1157, 1213, 1392, 1395, 1400, 1465, 1696

HB 1503--Atlanta, City of; Board of Education; reorganization. ........... 1158, 1213, 1392, 1395

HB 1504--Water Pollution; sewerage and waste disposal; permit restrictions. ................................. 820, 823, 1088, 1142

HB 1506--Motorized Bicycles; requirements to operate; age restriction. ............................. 559, 562, 794, 826, 948, 952

HB 1507--Jefferson County; Board of Commissioners; staggered elections; referendum........................ 308, 313, 385, 387

HB 1508--Transportation Department; powers; negotiated contracts; amount. ............................................ 479, 483

HB 1510--Interstates, Urban Area Highways; increase maximum lawful limits. ....................................... 459, 463

HB 1511--Walton County; Probate Court; jurisdiction in misdemeanor cases. .............................. 722, 726, 1278, 1281

HB 1514--College Park, City of; mayor and councilmembers; salaries. ............................................. 664, 669, 826, 828

HB 1517--Wilcox County; vehicle registration, licensing; nonstaggered period. ................................. 308, 313, 385, 387

INDEX

2299

HB 1518--Voting, Registration, Registrars, Precinct Boundaries, Purging Voter Lists, Ballots, Qualifying; revise numerous provisions. ................... 755, 757, 1028, 1089, 1484, 1500, 1516, 1517, 1905
HB 1519--Official State Folk Dance; designate square dancing. ............................... 843, 846, 1029, 1089, 1289, 1374
HB 1520--Calhoun County; vehicle registration; nonstaggered period. .............................................. 348, 352, 415, 417
HB 1521--Clay County; vehicle registration; nonstaggered period. .............................................. 348, 352, 415, 417
HB 1523--Carroll County; Members of Governing Authority; election qualifications. ................................ 348, 352, 415, 417
HB 1524--Carroll County Juvenile Court Intake and Probation Services; transfer to state-wide system. ....... 348, 352, 415, 417
HB 1525--Real Estate; licenses; community association management; appraisers; instructors; brokerage activities. ........ 821, 823, 1087, 1142, 1290, 1484, 1553, 1570, 1571, 1905
HB 1527--Douglasville-Douglas County Water and Sewer Authority; membership. ....................................... 348, 352
HB 1528--Macon County; Board of Commissioners; change compensation. ..................................... 349, 352, 1697, 1699
HB 1529--Locust Grove; City Council; compensation; powers; duties; city manager. ......................... 349, 352, 465, 467
HB 1530--Ad Valorem; classification of heavy-duty equipment motor vehicles. ..................................... 938, 941
HB 1531--Offenses of Public Indecency; punishment; cumulative to other laws. ...................... 788, 791, 994, 1029, 1154, 1222, 1258
HB 1533--Lincoln County; Board of Elections and Registration; create ....................... .................. 349, 353, 593, 595, 1136
HB 1548--Dodge County-Eastman Development Authority; bond interest rates. .................................. 380, 384, 465, 467
HB 1553--Ad Valorem; standing timber; owner of timber rights tax liability. .................... 756, 758, 1087, 1142
HB 1555--Controlled Substance Violations; change penalties; change listing. .................... 755, 758, 1141, 1219, 1290, 1710, 1735, 1874, 1926, 2077, 2085, 2154, 2156, 2241
HB 1556--Municipalities; reincorporation of area whose charter was repealed. ................... 891, 894, 1278, 1279, 1484, 1577
HB 1560--Offense of Conspiracy to Commit Crime; conviction procedures. ............................. 938, 941, 1276, 1279, 1486, 1694
HB 1561--Ad Valorem; return of taxes; opening, closing books; Fulton County. ................. 1020, 1024, 1275, 1279, 1712, 1900
HB 1565--Walton County; Board of Commissioners; contracts not requiring approval. ............................... 754, 758, 944, 946
HB 1569--Family or Domestic Violence Victims Filing Criminal Charges; abolish court, sheriffs fees, associated costs. ..................... 788, 791, 943, 994, 1096, 1486, 1665
HB 1570--Police Horses; crime of intentionally destroying or causing injury. ....................... 842, 847, 1276, 1279, 1712, 1902
HB 1575--Emergency Services Law; immediate medical care; enact. ................ 1020, 1024, 1088, 1142, 1289, 1375, 1376, 1696
HB 1576--Augusta-Richmond County Government; tort and nuisance liability ................................ 410, 414, 563, 565

2300

JOURNAL OF THE SENATE

HB 1580--Same Sex Marriages; Prohibited; no contractual

rights; declare public policy. .......................... 665, 669, 898. 944,

1483, 1487/1904

HB 1582--Barbers and Cosmetologists; faculty at public

technical institutes. ..................... 981, 988, 1088, 1142, 1484, 1526

HB 1583--Nursing Home Inspections; disclosure; DHR

worksheets, documents. ...................... 756, 758, 1141, 1219, 1290,

1711, 1819, 2059, 2060, 2088, 2100, 2241

HB 1584--Georgia Aircraft Authority; creation; services

for state agencies. ................................ 1076, 1082, 1278, 1279

HB 1585--Unclaimed Property Not Remitted to State

When Due; interest penalty. ................................. 1073, 1079

HB 1586--Dealers, Employers; liability for taxes;

returns, filing, notices. ........................ 891, 894, 993, 1029, 1485,

1648, 1905

HB 1587--Property Sold for Taxes; tax deed titles;

ripening by prescription. ............... 1074, 1080, 1275, 1279, 1712, 1872

HB 1589--Water Conservation Investment Reducing Ground-water

Use; tax credit. .................... 890, 895, 1275, 1279, 1484, 1545, 1905

HB 1590--Technical and Adult Education; sale of student

live work projects.

1071, 1077, 1391, 1392, 1710, 1792, 1908

HB 1591--Taxes, Licenses and Fees; acceptance of credit

card payments. .............. 820, 824, 1028, 1089, 1153, 1222, 1228, 1695

HB 1592--Charlton County; vehicle registration; nonstaggered

period .............................................. 459, 463, 563, 565

HB 1594--Fayette County; State Court; judge and solicitor;

election date. ........................................ 459, 463, 794, 796

HB 1596--Superior Courts; Office of Senior Clerk;

creation. ................................................... 1074, 1083

HB 1598--City of Barnesville; ad valorem; exempt persons

over age 65. ........................................ 477, 484, 705, 707

HB 1601--Cook County; Magistrate Court; chief magistrate;

appointment; term. .................................. 477, 484, 728, 730

HB 1605--Irwin County; Board of Commissioners; staggered

elections; referendum ................................ 477, 484, 671, 672

HB 1606--Irwin County; vehicle registration; 4-month

nonstaggered period .................................. 477, 484, 671, 672

HB 1607--Ben Hill County; vehicle registration; 4-month

nonstaggered period. ................................. 477, 484, 728, 730

HB 1608--Irwin County; Board of Commissioners; secretary

and clerk; salary. .................................... 477, 485, 794, 796

HB 1610--Local School Systems; litigation costs involving

child committed to state facilities; reimbursement. ............. 1072, 1078,

1390, 1392

HB 1613--Recordation of Property Records; fees; state-wide

automated system. ........................ 665, 669, 898, 944, 1096, 1124

HB 1614--Tax Executions; delinquent ad valorem taxes;

lot block executions. .............................. 1071, 1077, 1276, 1279

HB 1615--Clarke County; State Court; additional judge;

salary provisions. .................................... 558, 563, 794, 796

HB 1617--Macon Water Authority; services, facilities;

sewer break costs. ................................... 587, 592, 849, 852

HB 1620--DeKalb County Civic Center Authority Act;

creation. .............................. 664, 669, 944, 946, 947, 948, 1136

HB 1625--Alcoholic Beverages; distilled spirits, wine;

prohibited pricing. ................. 891, 895, 1087, 1142, 1290, 1485, 1624

INDEX

2301

HB 1626--Attendance of a Party or Attorney at General Assembly; continuances. ............... 1019, 1025, 1391, 1392, 1712, 1896
HB 1627--Limited Liability Partnerships; name; amended certificates; mergers. ......................... 821, 824, 1028, 1089, 1154, 1222, 1238
HB 1629--Butts County; Magistrate Court; chief magistrate; salary .............................................. 587, 592, 794, 796
HB 1630--Fraudulent Practices; electronically transmitting misleading data. ........................ 983, 988, 1278, 1279, 1485, 1650, 1751, 1936
HB 1631--Atlanta Enterprise Zones Created for Residential Purposes; duration. .............................. 1133, 1138, 1278, 1281
HB 1632--Deceptive Practices; promotion schemes; consumer reporting agencies. ...................... 982, 988, 1087, 1142, 1290, 1486, 1676, 1688, 1906
HB 1636--Asbestos Contractor Licensing; transfer duties Division of DNR. ...................... 1071, 1077, 1276, 1279, 1711, 1800
HB 1637--Raffles Operated by Bona Fide Non-Profit Organizations; licensing. ............... 1020, 1025, 1140, 1219, 1712, 1890
HB 1638--Financial Institutions; state, local taxation; change provisions. .................. 842, 847, 993, 1029, 1153, 1222, 1228
HB 1643--Stop Signs, Railroad Signals; acts causing homicide, serious injury. ............................ 891, 895, 1141, 1219
HB 1644--Evidence; witness testimony; depositions of nonresident aliens .................. 1073, 1079, 1276, 1279, 1486, 1674
HB 1646--Bryan County; State Court; change terms of court. ............................................... 664, 669, 794, 796
HB 1647--Retail Installment, Home Solicitation Sales; when seller not liable. ........................ 983, 989, 1087, 1142, 1483, 1496, 1786, 1846, 1874, 1928, 2068, 2069, 2120, 2143, 2199, 2201, 2243
HB 1649--Sheriffs Offices' Nomenclature Act; unauthorized uses; permission. ............................. 981, 989, 1089, 1142, 1713
HB 1650--Local Retirement Systems; financial reports; investment practices. .......................................... 821, 824
HB 1654--Drug-free Commercial Zones Where High Crime Rate Occurs; designate. ..................... 1073, 1078, 1391, 1392, 1712, 1875, 2239
HB 1655--Death of Patient in Nursing Home Facility; pronouncement of death. ..................... 890, 895, 1390, 1392, 1712, 1889, 2077, 2087, 2241
HB 1658--Randolph County; vehicle registration; 4-month nonstaggered period .................................. 699, 704, 794, 796
HB 1659--Clayton County Commission on Children and Youth; abolition date. ................................ 699, 704, 944, 946
HB 1672--City of Roswell; ad valorem taxes; exempt certain age, income. .............................. 1018, 1026, 1278, 1281
HB 1673--Stewart County; vehicle registration; 4-month staggered period. .................................... 722, 726, 826, 829
HB 1674--Troup Family Connection Authority; creation. .......... 722, 726, 826, 829 HB 1675--Tybee Island; ad valorem exemption; certain
residents; referendum............................... 723, 727, 1028, 1030
HB 1676--Bryan County; Tax Commissioner and Personnel; compensation, benefits. ............................. 722, 726, 1278, 1281
HB 1678--Richmond Hill Area Convention and Visitors Bureau Authority; create. ........................... 722, 727, 1218, 1221

2302

JOURNAL OF THE SENATE

HB 1679--Dooly County; vehicle registration; 4-month

nonstaggered period .................................. 722, 727, 826, 829

HB 1680--Floyd County; Hospital Authority; membership;

filling of vacancies. ................................... 723, 727, 826, 829

HB 1682--Counties of 400,000 or More; charitable contributions,

grants.

1077, 1083, 1278, 1279, 1466, 1476, 1477, 1906

HB 1683--Ad Valorem; property valuation, assessment;

developing new electronic systems; county boards of

tax assessors, terms, subpoena powers. ....................... 1021, 1025,

1278, 1279, 1712, 1897, 2059, 2060, 2062

HB 1684--Town of Martin; mayor and city council; term

limitations. ........................................ 841, 847, 1089, 1091

HB 1689--Highways; outdoor advertising; multiple message

signs; permits. ........................ 1072, 1079, 1277, 1279, 1710, 1721

HB 1690--Rome; ad valorem tax exemption; change amount;

referendum .......................................... 754, 758, 994, 996

HB 1691--Cherokee County; Sheriffs Termination Review

Board; employment actions. ........................... 754, 758, 849, 852

HB 1692--Floyd County School Taxes; homestead exemption

for elderly. .......................................... 754, 759, 826, 829

HB 1693--Hall County; ad valorem; school tax; elderly

residents exemption. ................................. 754, 759, 850, 852

HB 1695--Newton County; ad valorem taxes; exemption;

leased homesteads. ................................... 755, 759, 849, 853

HB 1705--Dougherty County; Superior Court; senior

judges; county supplement ............................ 787, 791, 849, 853

HB 1706--Walker County; State Court; solicitor; election;

compensation; restrict practice. ........................ 755, 759, 944, 946

HB 1707--Fayette County; ad valorem; school taxes;

exempt elderly residents.

819, 824, 1392, 1396, 1461,

1465, 1695

HB 1708--Peachtree City; Water and Sewerage Authority;

powers; projects. ................................... 755, 759, 1278, 1281

HB 1712--Forsyth County; State Court; creation. ................. 787, 791, 849, 853

HB 1714--Ware County; State Court; solicitor; election

of successor; referendum. ............................. 787, 792, 849, 853

HB 1715--Bibb County; Board of Commissioners; filling

of vacancies. .................................................. 787, 792

HB 1718--Lake City, City of; new charter; Clayton

County. ............................................. 787, 792, 994, 997

HB 1720--Dodge County; Board of Education; election

districts; terms. ...................................... 787, 792, 850, 853

HB 1723--Elections; voting by absentee ballot; elector's

choice. ................................ 906, 1028, 1089, 1153, 1223, 1713

HB 1724--Richmond County Board of Health; membership;

composition; terms. .................................. 787, 792, 944, 946

HB 1726--Crisp County; Board of Commissioners; annual

salary. .............................................. 819, 824, 944, 946

HB 1727--Cherokee, Forsyth Counties; separate state

courts; transfer cases. ................................ 819, 824, 944, 947

HB 1728--Motor Vehicle Sales; installment delinquency

charges; unlawful franchisor actions against dealers. ....

983, 989,

1140, 1219, 1710, 1741, 2239

HB 1729--Cherokee County State Court; creation. ................ 819, 824, 944, 947

INDEX

2303

HB 1736--Driver's License; records disclosure; U.S. military recruiting. ...................... 983, 989, 1089, 1142, 1484, 1587, 1751, 2148, 2149
HB 1738--Speed Regulations; prohibit DOT, PSC officers enforce restrictions. .............................. 1075, 1081, 1392, 1392
HB 1740--Richmond County; Certain Public Officials; change compensation. ...................... 1518, 1520, 1697, 1700, 1706, 1708, 1906
HB 1741--Perry Area Convention, Visitors Bureau Authority; ex officio member. .................................... 819, 825, 944, 947
HB 1742--Jefferson County; Board of Commissioners; members; staggered elections. ......................... 841, 847, 994, 997
HB 1743--Webster County; Magistrate Court; service of Probate Court judge; compensation ................ 841, 847, 1028, 1030
HB 1744--Siloam, Town of; new charter; Greene County. .......... 841, 847, 994, 997
HB 1745--Gwinnett County; Merit System Board; qualification; employee political activity .................... 841, 848, 1218, 1221, 1222, 1270, 1288, 1398, 1463, 1465, 1695
HB 1746--Walton County; Sheriff; vacancy in office; repeal provision relating to successor. .................. 841, 848, 994, 997
HB 1748--Calhoun County; Board of Education; members; compensation; expenses. .............................. 842, 848, 994, 997
HB 1750--City of Woodstock; extend corporate limits; advisory referendum. ............................... 842, 848, 1392, 1396
HB 1752--Madison County; Advisory Referendum to Determine Type of Government. .......................................... 842, 848
HB 1754--Regional Educational Service Agencies, RESAs; uniform statewide local needs program grants; components. ............................... 1073, 1078, 1390, 1392, 1712, 1877, 2088, 2092, 2099, 2100
HB 1755--Madison-Morgan County Airport Authority; creation. .......................................... 842, 848, 1029, 1030
HB 1760--Beekeepers; infected honeybees ordered destroyed; compensation. ........................ 1073, 1079, 1276, 1279, 1485, 1622
HB 1761--Superior Courts; Clerks; records; storage at location other than courthouse. ...................... 1072, 1079, 1277, 1279, 1710, 1738, 2240
HB 1762--Judges in Southern Judicial Circuit; increase county supplements. ................................. 889, 896, 994, 997
HB 1764--Richmond County; ad valorem; school tax exemption; income ceiling. ............................. 1674, 1676, 1909, 1911, 1913
HB 1766--Effingham County; State Court; solicitor; change salary ..................................... 889, 896, 1029, 1030
HB 1768--Bellville, City of; new charter; Evans County. ........ 889, 896, 1029, 1030 HB 1769--Lowndes County; Board of Tax Assessors; election
of members; repeal local constitutional amendment. . 889, 896, 994, 997
HB 1771--Ad Valorem; repeal tax status pending review; certain county, city. ................... 1074, 1080, 1275, 1279, 1485, 1646
HB 1772--Norcross, City of; Corporate Limits; change. .......... 889, 896, 1089, 1091
HB 1775--Thomas County; Board of Commissioners; filling of vacancies. ............................................. 889, 896, 1092
HB 1776--Blakely, City of; authority; repeal certain provisions. .......................................... 890, 896, 994, 997
HB 1777--Spalding County; Office of Elected County Surveyor; abolish. .................................... 890, 896, 994, 998

2304

JOURNAL OF THE SENATE

HB 1779--Schley County; Board of Commissioners; chairman, members; compensation .............................. 890, 897, 994, 998
HB 1780--City of Barnesville; ad valorem; exempt persons age 65; referendum. .................................. 890, 897, 994, 998
HB 1781--Wilkinson County; Board of Elections and Registration; create .................................. 890, 897, 994, 998
HB 1784--Americus Theater and Cultural Center Authority; creation ............................................. 890, 897, 994, 998
HB 1785--QBE; appropriation of funds; change program weight formula; increase salary for national teacher certification. ......................... 1020, 1025, 1390, 1392, 1712, 1884, 2088, 2100, 2102
HB 1788--Water Pollution Management; authority of Board of Natural Resources. ............. 983, 989, 1276, 1279, 1483, 1492, 1495, 1768, 1940, 1941
HB 1790--Habersham County; Advisory Referendum Election on Animal Controls. ................................ 937, 941, 1029, 1030
HB 1793--Baldwin County; State Court; office of judge; part-time position. ................................. 937, 942, 1278, 1282
HB 1795--Ty Ty, City of; elected officers; service on local boards, commissions. ....................... 979, 990, 1218, 1221
HB 1796--Duluth, City of; corporate limits; amend description. ........................................ 979, 990, 1278, 1282
HB 1797--Dougherty County; Magistrate Court; additional full-time magistrate. ............................... 979, 990, 1142, 1144
HB 1798--Lamar County; ad valorem school taxes; exempt disabled residents. ................................. 979, 990, 1142, 1144
HB 1799--Talbot County; vehicle registration; staggered period. ............................................ 979, 990, 1392, 1397
HB 1803--Georgia Suggestion System Act; enact. .................. 1071, 1077, 1140, 1219, 1710, 1723, 1908
HB 1804--Medicaid; health services; provider sponsored networks; HMOs. .......................... 1075, 1081, 1390, 1392, 1711
HB 1810--Putnam County; Coroner and Deputy Coroner; compensation ...................................... 979, 991, 1278, 1282
HB 1811--Offerman, City of; New Charter; incorporation; powers. ........................................... 980, 991, 1141, 1144
HB 1812--Monroe, City of; councilmembers; quorum to transact business. .................................. 980, 991, 1392, 1397
HB 1813--Good Hope, City of; mayor and councilmembers; change terms ...................................... 980, 991, 1392, 1396
HB 1814--Woodstock, City of; Mayor; additional powers, duties; repeal term limitations. ...................... 980, 991, 1278, 1282
HB 1815--Cobb County; State Court; chief judge; election by vote of all judges. ............................... 980, 991, 1279, 1282
HB 1816--Toombs County; Probate Court; judge; nonpartisan elections. .......................................... 980, 991, 1141, 1144
HB 1817--Putnam County; Sheriff, Superior Court Clerk and Judge; compensation ........................... 980, 991, 1279, 1282
HB 1818--Putnam County; Board of Commissioners; members; compensation ...................................... 980, 992, 1279, 1282
HB 1819--Putnam County; Tax Commissioner; change compensation ...................................... 980, 992, 1279, 1282
HB 1820--Putnam County; State Court; judge, solicitor, clerk; compensation ................................ 980, 992, 1279, 1283

INDEX

2305

HB 1821--Putnam County; Magistrate Court; magistrates; compensation. ..................................... 981, 992, 1279, 1283

HB 1822--Glascock County; board of education; reconstitute; election districts. ................................... 981, 992, 1141, 1144

HB 1823--Newton County; Water and Sewerage Authority; revenue bonds. .................................... 981, 992, 1279, 1283

HB 1827--Warwick, City of; mayor and councilmembers;

change salary. ..................................... 981, 992, 1279, 1283

HB 1828--Leesburg, City of; corporate boundaries.

1319, 1697, 1699

HB 1829--Turner County; vehicle registration; 4-month period; referendum ................................. 981, 992, 1279, 1284

HB 1830--Lee County; Office of Treasurer; abolish. ............. 981, 993, 1279, 1284

HB 1834--Woman's Right to Know Act; enact. ........................... 1072, 1078

HB 1835--Whitfield County; ad valorem school tax;

exempt certain age, income. ....................... 1018, 1026, 1279, 1284

HB 1836--Colquitt County; ad valorem school tax exemption;

certain income. .................................. 1018, 1027, 1279, 1284

HB 1837--Jackson County; Board of Commissioners; composition. .......................... 1019, 1027, 1909, 1911, 1914, 1925

HB 1838--Sports Hall of Fame Authority; powers; promotional expenditures. ............................................... 1076, 1082

HB 1840--Fulton County; Board of Commissioners; compensation.

1019,

1027, 1278, 1279, 1466, 1467, 1477, 1478, 1486, 1708, 1907

HB 1841--Lee County; Utilities Authority; additional powers .......................................... 1084, 1085, 1279, 1283

HB 1842--Savannah/Chatham County; building codes; consolidate enforcement. ..................................... 1084, 1086

HB 1844--Atlanta Urban Enterprise Zones; minimum acreage near MARTA stations ............................ 1133, 1138, 1279, 1283

HB 1845--Athens-Clarke County Public Facilities Authority Act. ............................................. 1084, 1086, 1279, 1283

HB 1848--Tallulah Falls Town Council; quorum, voting, special meetings ................................. 1084, 1086, 1392, 1396

HB 1850--Chattooga County; ad valorem school tax; exempt certain age, income. ....................... 1084, 1086, 1279, 1284

HB 1852--Wilkes County; Board of Education; nonpartisan elections; referendum. ............................ 1084, 1086, 1279, 1284

HB 1853--Jefferson, City of; issuance of bonds for school system purposes. .......................... 1085, 1086, 1697, 1699

HB 1855--Berrien County; Board of Education; election districts; terms; qualifications. ................

1133, 1138, 1392, 1396

HB 1856--Burke County; Coroner; increase salary

1133, 1138, 1279, 1284

HB 1857--Cherokee County; Board of Commissioners; abstention from voting. ........................... 1133, 1138, 1279, 1285

HB 1858--Douglasville-Douglas County Water and Sewer Authority; membership. .......................... 1133, 1139, 1392, 1396

HB 1859--Bartow County; Board of Education; single-member

districts; advisory referendum. ............................... 1134, 1139

HB 1860--Douglas County; Board of Education; members; compensation. ................................... 1134, 1139, 1279, 1285

HB 1861--Crawford County; Board of Commissioners; travel expense reimbursement .................... 1134, 1139, 1392, 1396

HB 1862--Grantville Utilities Authority; creation. ............................ 1134,

1139, 1279, 1285

2306

JOURNAL OF THE SENATE

HB 1863--Ware County; State Court; office of solicitor;

elections; referendum. ...................... 1134, 1139, 1392, 1397, 1462,

1465, 1695

HB 1864--Richmond County; Board of Education; composition;

10 districts, 1 at-large member. .............................. 1814, 1817

HB 1865--Decatur, City of; corporate limits; change

1134, 1139, 1279, 1285

HB 1866--Savannah/Chatham County Board of Education;

elections. ................................................... 1134, 1140

HB 1867--Lithia Springs, City of; New Charter; incorporation;

boundaries; powers. .............................. 1110, 1140, 1392, 1397

HB 1869--Calhoun County; Board of Commissioners;

compensation .................................... 1158, 1213, 1392, 1397

HB 1870--Early County; Board of Commissioners; staggered

terms of office ................................... 1158, 1213, 1279, 1285

HB 1871--Carroll County; Tax Commissioner; collection

of school tax; retention of percentage.

1158, 1213, 1279, 1285

HB 1872--Buford, City of; change corporate limits

1242, 1269, 1392, 1397

HB 1873--Hiawassee, City of; Corporate Limits; change. ...... 1158, 1214, 1392, 1397

HB 1874--Appling County; Probate Court; judge; nonpartisan

election begins 1996

1158, 1214, 1279, 1285

HB 1877--Kennesaw, City of; corporate limits; change. ................... 1158, 1214,

1279, 1285

HB 1878--Franklin County; Board of Commissioners;

district boundaries; technical correction.

1158, 1214,

1279, 1286

HB 1879--Hartwell, City of; Recreation Authority;

creation ........................ 1158, 1214, 1392, 1398, 1463, 1465, 1695

HB 1880--Whitfield County; ad valorem taxes; increase

homestead exemption. ...................... 1242, 1269, 1392, 1398, 1463,

1465, 1695

HB 1885--Catoosa County; Superior Court Clerk, Probate

Court Judge; clerical allowance.

1518, 1520, 1909, 1911

HB 1886--Clermont, Town of; mayor and councilmembers;

terms of office ................................... 1319, 1320, 1697, 1699

HB 1887--Dawsonville, City of; new charter.

1319, 1320, 1697, 1699

HB 1888--Cobb County; State Court; judges; Divisions

1 and 2; salaries. ...

1319, 1320, 1697, 1699, 1700, 1708, 1907

HB 1890--Clayton County; State Court; solicitor; compensation

1319, 1320, 1697,

1699

HB 1891--Clayton County; Tax Commissioner; annual

salary .......................................... 1319, 1320, 1697, 1699

HB 1892--Clayton County; Board of Education; members;

nonpartisan elections. ....................................... 1319, 1320

HB 1894--Atlanta and Fulton County Recreation Authority;

revenue bonds ................................... 1658, 1676, 1909, 1911

HB 1895--Villa Rica, City of; change corporate limits ......... 1518, 1520, 1909, 1912

HB 1896--Social Circle, City of; recorder's court;

maximum penalties .............................. 1518, 1521, 1909, 1912

HB 1897--Twiggs County Recreation Authority; creation

1518, 1521,

1910, 1912

HB 1898--Sycamore, City of; new charter; reincorporation;

powers. ........................ 1518, 1521, 1909, 1912, 1916, 1925, 2239

HB 1899--Dawson County; Board of Commissioners; county

manager; change provisions .................................. 1519, 1521

HB 1900--Pierce County; State Court; judge, solicitor;

compensation .................................... 1519, 1521, 1909, 1912

INDEX

2307

HB 1901--Jones County; Board of Commissioners; report on employee salaries. ............................. 1519, 1521, 1909, 1912
HB 1902--Stewart County; Governing Authority; change from single commissioner to a board. ................... 1519, 1521, 1909, 1912, 1917, 1925, 1954, 2161, 2162
HB 1903--Catoosa County; Development Authority; voting quorum to take actions. .......................... 1519, 1521, 1909, 1912
HB 1904--Hawkinsville Harness Horse Training Facility; property lease. ................................... 1519, 1521, 1909, 1912
HB 1905--Offerman, City of; New Charter; incorporation; powers. ............................................... 1519, 1909, 1913

2308

JOURNAL OF THE SENATE

HOUSE RESOLUTIONS

HR 156--Official State Sorghum Festival; designate

festival in Blairsville.

No action in 1996

HR 161--Rosa M. Tarbutton Memorial Library; designate

in Sandersville. ....................................... 26, 34, 52, 67, 70

HR 189--Designate; Mike Padgett Highway in Augusta. .................. 7, 14, 65,

81, 84, 1274

HR 234--Fort Yargo State Park; fire tower site; lease

to City of Winder. ................................................. 7, 14

HR 259--Illegal Drugs; urge Congress use military

resources to combat. ................................... No action in 1996

HR 260--Joint Study Committee on Pilot Projects; Cobb

Judicial Circuit. ...................................... No action in 1996

HR 280--Calling for Conference of States; restore

State-Federal Partnership. ..............

No action in 1996

HR 290--Federal Estate Taxes; urge Congress increase

exemption amount. ......................................... ...... 7, 15

HR 298--Property Conveyance; Richmond County; agreement;

license test site. ...................................... No action in 1996

HR 304--Designate; Wade R. Milam, Jr., Bridge; Troup

County. .......................................................... 7, 15

HR 316--Cumberland Island and City of St. Marys; urge

National Park Service adopt plan for certain historic

properties. ........................................... No action in 1996

HR 323--Regional Development Centers; territorial

boundaries; ratify changes. ............................ No action in 1996

HR 332--Designate; Paul E. Nessmith Parkway; Bulloch

County. .............................. 74, 79, 263, 315, 358, 389, 419, 440

HR 334--Milledgeville; 3 surplus land parcels custody

of DHR; sell by competitive bid; repeal certain Acts. .................. 7, 15

HR 351--Property Conveyance; Stephens County; National

Guard facility. .................................................... 7, 15

HR 367--Amend Constitution; allow fees upon Agricultural

Processing Industries for promotion of products.

101, 105, 220,

263, 318, 357, 389, 418, 434, 1136

HR 384--Gwinnett Judicial Circuit; pilot projects;

joint committee to study.

No action in 1996

HR 447--Chastain, Edwin C.; claims against the state;

compensate. ............................... 1074, 1080, 1275, 1279, 1479

HR 728--Amend Constitution; authorize Local 1% Sales

Tax for Education. ..................... 74, 79, 95, 107, 122, 138, 140, 218

HR 734--Amend Constitution; repeal Intangible Personal

Property Taxation. ................... 218, 220, 464, 487, 1289, 1365, 1908

HR 744--Notify Senate that House of Representatives has convened .............. 2

HR 746--General Assembly; joint session; state of

state message. ............................................... 18, 25, 35

HR 747--Supreme Court Justices and Appellate Judges;

invite General Assembly. ........................... ........

18, 25

HR 748--Supreme Court Chief Justice, Robert Benham;

General Assembly message. ...................................... 18, 25

HR 767--Pilot International Day in Georgia; designate. ................... 310, 351

HR 769--Blue Ribbon Study Committee on Funding Quality

Basic Education Act. ............... 349, 351, 1087, 1142, 1290, 1485, 1613

INDEX

2309

HR 789--African American Business Enterprise Day;

proclaim. ..................................................... 309, 351

HR 792--Designate; Judge Thomas Jefferson Loftiss

II Regional Youth Detention Center; Thomasville. ................ 756, 758,

897, 944, 1096, 1126

HR 804--Designate; J. Max Cheney Memorial Bridge;

new bridge on Ga Hwy 147. .................... 349, 351, 1218, 1219, 1478

HR 805--Southern Highroads Scenic Highway; designate

official route. ................................. 844, 847, 1218, 1219, 1478

HR 817--Designate; Morrison Moore Connector; Dahlonega. .................. 1072,

1079, 1218, 1219, 1478

HR 819--Designate; Buford C. Gilliard Bridge; east

of Nicholls. ................................. 559, 563, 1218, 1219, 1478

HR 822--General Assembly; 1996 Schedule; adjourn on

Friday, reconvene Monday. ........................ 87, 108, 156, 347, 557

HR 823--Mclntosh Trail RDC; transfer of Newton County

to NE Georgia RDC; ratify. .................................... 588, 592

HR 825--Designate; John H. Owen Intersection in Dahlonega. ................ 1072,

1079, 1218, 1219, 1478

HR 826--Regional Development Centers; territorial

boundaries; Heart of Georgia RDC; transfer Newton County

to Northeast Georgia RDC. ..................... 479, 484, 794, 826, 1711,

1815, 1909

HR 839--Keenan, Paul A., Mayor of Albany; commend.

101, 108

HR 852--Dougherty County; confirm, perpetuate naming

portions of State Highways in honor of Thomas Jefferson ......... 411, 413

HR 853--Property Conveyance; surplus aircraft technology

building; convey to Dodge County-Eastman

Development Authority.

724, 726, 849, 899, 1289, 1374

HR 854--Amend Constitution; authorize levy surcharge

on property insurance to fund emergency management,

disaster relief. .....

1076, 1082, 1390, 1392, 1711, 1843

HR 873--World War I Veterans Monument; study to consider

possibility of erecting. ................ 349, 351, 463, 487, 1290, 1484, 1578

HR 876--Claims Against the State; Sylvia A. Cone;

compensate. .................... 1076, 1082, 1275, 1279, 1479, 1480, 1751,

1854, 1873, 1927, 2143, 2144, 2243

HR 878--Regional Development Centers; regional boundaries;

ratify transfer of Bulloch County to Coastal Regional

RDC. .................................... 479, 484, 794, 826, 1096, 1126

HR 883--Designate; John E. Quillian Highway; portion

Hwy 52 Hall County. .......................... 701, 704, 1218, 1219, 1478

HR 884--Claims Against the State; Margaret C. Ritchie;

compensate. .................... 1075, 1080, 1275, 1279, 1479, 1480, 1768,

1855, 1856, 1874, 1927, 2149, 2151, 2243

HR 885--Long County Wildlife Management Area; access

to adjoined landowners.

... ... 1022, 1025, 1275, 1279, 1711,

1853

HR 836--Claims Against the State; Gerry A. Mikesell;

compensate. ................................................ 1075, 1080

HR 887--Claims Against the State; Sharon I. Nobles;

compensate. ............................... 1075, 1081, 1275, 1279, 1479

HR 901--Designate; General William A. Holland Parkway;

Whitfield County. ............................. 479, 484, 1218, 1219, 1478

HR 902--Claims Against the State; Robert Daniel Hughes;

compensate. ................................................ 1075, 1081

2310

JOURNAL OF THE SENATE

HR 940--Property Conveyance; abandoned right of way in Augusta; convey to Gracewood Federal Credit Union. .......... 666, 669, 760, 794, 1485, 1606
HR 946--Property Conveyance; Black Rock Mountain State Park; lease land to Currahee Paging Company; Rabun County. ................................. 892, 895, 993, 1029, 1096, 1121
HR 968--American Indian Day; designate. ............................... 461, 463
HR 969--Designate; Kirby Park, Sr. Memorial Bridge; Murray County. .............................. 984, 989, 1218, 1219, 1478
HR 973--Claims Against the State; Terry Wanzer; compensate. .......... 1075, 1081, 1275, 1279, 1479, 1480, 1481, 1908
HR 981--Unemployment Compensation; federal taxes; urge state control. .......................................... 1388, 1522
HR 982--Designate; Downing E. Musgrove Causeway; Jekyll River; Glynn County. ....................... 1073, 1080, 1218, 1219, 1478
HR 987--Georgia Future Communities Commission; extend to 1997. .................................. 789, 791, 850, 899, 1096, 1119
HR 988--Designate; William Crittenden Building at Central State Hospital. ........................................ 984, 989
HR 992--Claims Against the State; Pamela Kay Smith; compensate. ................................................ 1075, 1081
HR 995--Joint Study Committee on the Georgia Firemen's Pension Fund. ................................................ 789, 791
HR 1001--Property Conveyance; Bainbridge State Hospital; Decatur County road. .............. 939, 941, 1217, 1219, 1290, 1712, 1888
HR 1003--Designate; T.C. Hallman Memorial Bridge; Putnam County. ........................... 1021, 1025, 1218, 1219, 1478
HR 1004--Designate; Gregory Bridge; west of Eatonton; Putnam County. ........................... 1021, 1025, 1218, 1219, 1478
HR 1005--Designate; Hamilton E. Holmes Drive; Fulton County. ................................... 1022, 1026, 1218, 1219, 1478
HR 1006--Claims Against the State; Emmitt T. Lowery, Jr.; compensate. ........................... 1075, 1081, 1275, 1279, 1479
HR 1016--Designate; Jimmy Lee Smith Parkway; City of Hiram, Paulding County. .................... 984, 990, 1218, 1219, 1478
HR 1017--Claims Against the State; Nathaniel Blakney; Robert Daniel Hughes. ..................... 1075, 1081, 1275, 1279, 1479, 1480, 1481, 1908
HR 1019--General Assembly; Adjournment; February 15 to February 19. ............................................... 718, 720
HR 1020--Pickens County Property Tax Structure Study Committee; create. ................................... 821, 825, 944, 947
HR 1032--Blue Ribbon Commission on the General Assembly; create. ............................ 892, 895, 1028, 1089, 1154, 1222, 1244
HR 1039--Designate; John Frank McConnell Crime Laboratory, Chattooga County and Elbert L. Jackson Memorial Bridge, Monroe County. ........................... 1022, 1026, 1218, 1219, 1478
HR 1040--Designate; E. Clyde Kelly Memorial Bridge; 0. H. Banks Memorial Bridge. .............. 1022, 1026, 1218, 1219, 1478
HR 1041--Designate; Robert W. Pollard, Sr. Bridge; Columbia County. ............................. 984, 990, 1218, 1219, 1478
HR 1045--James Edward Oglethorpe Tercentenary Commission; establish. .................................................. 1073, 1078
HR 1051--General Assembly; Adjournment; February 21 to February 26. ............................................... 785, 818

INDEX

2311

HR 1073--Designate; Daniel Warnell Lee Memorial Bridge; Bacon County. ............................. 1021, 1026, 1218, 1219, 1478
HR 1074--North Georgia College; support military program, Corps of Cadets. ........................ 939, 941, 1277, 1279, 1711, 1819
HR 1091--Commission on the Appellate Courts of Georgia; creation. ............................... 984, 990, 1392, 1710, 1752, 1909
HR 1096--Joint Committee, Study DeKalb County Form of Government; re-create. ..................... 984, 993, 1142, 1144, 1145, 1146, 1697
HR 1109--Designate; Lewis C. Adams, Jr. Bridge; Carl S. Peaster Highway; Lt. Col. Lee Lenderman Memorial Highway; J.W. Champ Harrelson Memorial Bridge. ............ 1074, 1080, 1218, 1219, 1478
HR 1110--Employment Security Law Study Committee. .................. 1071, 1077 HR 1129--Amend Constitution; provide for the creation
of a State Land Trust. ...................... 1074, 1080, 1275, 1279, 1712,
1896, 1897, 2059, 2115, 2119 HR 1137--State Symbols; official pie; Mattie's Bistro
and Bakery Pecan Pie. ........................................ 939, 942 HR 1233--Stewart County Governmental Consolidation
Study Committee. ........................................... 1520, 1522 HR 1234--General Assembly; no recess March 15; adjourn sine die March 16 1257 HR 1392--General Assembly; adjourn Sine Die March
18, 1996. ................................................... 2237, 2243

2312

JOURNAL OF THE SENATE

PART III

ALPHABETICAL INDEX

AARON, HENRY (HANK), BASEBALL HALL OF FAME INDUCTEE Honoring. .............................................................. SR 603 Urge Name New Olympic Stadium Facility to Honor Him. .................. SR 596

AARP DAY AT THE CAPITOL; declaring

SR 586

ABORTION

Abortion and Breast Cancer Act; informed consent; warning of risks. ........ SB 685

Health Care Providers Advocating; selecting alternative services. ............ SB 417

Woman's Right to Know Act; enact; applicable Medical Consent laws.

HB 1834

Woman's Right to Know Act; require give female certain information.

SB 327

ACADEMIC DECATHLON FOR HIGH SCHOOL STUDENTS; commend organizers. ............................................................. SR 577

AD VALOREM TAX (Also See Revenue and Taxation and Homestead Exemption)

Acceptance of Credit Card Payments for Taxes Due. ....................... HB 1591

Adjust Upon Retirement of Educational Capital Outlay Indebtedness. ........ HR 728

Alternative Financing Sources for Education; committee to study.

SR 613

Assessment; conservation use; family farm limited partnerships. ............ SB 656

Assessment; conservation use property; certain family owned entities.

SB 598

Assessment; development of new electronic data processing systems.

HB 1683

Assessment; standing timber; owner of timber rights tax liability. .......... HB 1553

Assessments; tax status pending review; certain county and city. ........... HB 1771

Counties of 350,000 or More; return of taxes; open, closing books.

HB 1561

County Boards of Tax Assessors; records not subject to subpoena.

SB 673

Exemption; property of a nonprofit museum; statewide referendum.

HB 252

Exemption; public housing projects; private enterprise agreement.

HB 1355

Exemption; vans and buses owned by religious groups.

HB 756

Family Owned Farm Entities; qualifying conservation use covenants.

HB 1458

Freeport Exemption; aircraft engines or parts remanufacturing.

HB 667

Land Bank Authorities; property conveyed for unpaid taxes; interlocal

agreements; party cities; administration ................... ............. SB 545

Limit Powers of Entities Created by State to Levy Property Taxes.

SR 389

Motor Vehicles; heavy duty equipment; assessment; separate subclass.

HB 1530

Motor Vehicles, Mobile Homes; registration period; special plates.

SB 280

Municipalities; delinquent taxes; judicial in rem tax foreclosures.

HB 1226

Municipalities; effective date of annexations for tax purposes.

HB 1192

Property Located Enterprise Zones in Unemployment Areas; tax credits.

SR 64

Property Located in Enterprise Zones; amend Constitution.

SR 63

Property Sold During Taxable Year; seller and purchaser liability.

SB 86

Short Term Notes Secured by Real Estate; repeal intangible tax.

HB 1101

State Property; in lieu tax payment to compensate for local services

SB 487

Tax Assessments, Property Valuation; use of electronic data systems.

HB 1382

Refer to numerical index for page numbers

INDEX

2313

AD VALOREM TAX (Continued) Tax Assessors; county boards; terms; vacancies; subpoenas. ................ HB 1683 Tax Executions; delinquent property; lot block sales, transfers. ............. HB 1614 Tax Executions; delinquent property taxes; consent to transfer. ............... SB 88 Tax Executions; property sold for taxes; redemption amount. ............... HB 1486 Tax Executions; redemption of property under a tax deed; titles. ............ HB 1587 Tax Reduction; local school districts sharing proceeds of special purpose county sales tax. ............................................................. SR 180
Taxes Due on Tangible Property; installment payments; time period. ....... HB 1364

ADAMS, LEWIS C., JR.; name bridge to honor; Chatterton. ................ HR 1109

ADJOURNMENT General Assembly; adjourn Sine Die March 18, 1996. ...................... HR 1392 General Assembly; February 15 to February 19. .......................... HR 1019 General Assembly; February 21 to February 26. .......................... HR 1051 General Assembly; February 29 to March 5. ............................... SR 601 General Assembly; January 12 to January 22. ............................. SR 383 General Assembly; March 15 to March 18. ................................. SR 702 General Assembly; March 8 to March 12. .................................. SR 645 General Assembly; 1996 Schedule; adjourn on Friday, reconvene Monday. . HR 822

ADKINS, WILLIAM DONALD; University System Scholar; commend

SR 660

ADMINISTRATIVE OFFICE OF THE COURTS; Duties; distributing to courts; rate of interest on judgments. ............................................ SB 180

ADMINISTRATIVE PROCEDURE ACT Agency Proceedings; absence of party of attorney; continuances. ............ HB 1626 Professional, Business Licensing Authorities; disciplinary actions. .......... HB 1493 Professional Practices Commission; hearings involving educators. ............ SB 294 State Agencies; proposed rule adoption; prohibit during certain time. ........ SB 451

ADMINISTRATIVE SERVICES DEPARTMENT DOAS Purchasing; committee to study more effective procedures. ............ SR 499 Duties; Purchasing Reform Act of 1996. ................................... SB 550 State Agencies; emergency purchasing powers. ............................. HB 288

ADOPTION

Child Welfare Services; foster care, adoption; committee to study.

SR 590

Children; parent or guardian prohibited sell or offer for sale. ................ SB 130

Persons Petitioning to Adopt; criminal history records check. ................ SB 714

Termination of Parental Rights; grounds; placement of child. ................ SB 611

Termination of Parental Rights; placement of child in best interest. .......... SB 619

ADVANCED PLACEMENT/AP TESTS; payment of fees; private school students. ............................................................... SB 282

ADVERTISING (Also See News Media) Alcoholic Beverages; distilled spirits, wine; prohibited pricing. .............. HB 1625 Legal Services; cause of action for false advertising; damages. ............... SB 249 Outdoor Advertising Along State Highways; prohibit tree cutting. ........... SB 169 Outdoor Advertising Signs on Public Roads; redefine terms, policy. .......... SB 319 Outdoor Advertising; tree trimming permits; application, renewal fee. ........ SB 321 Outdoor Signs; obscene material or nudity exhibitions; prohibitions. ......... SB 586 Unauthorized Use of Police Departments' Official Nomenclature. ............ HB 713 Workers' Compensation Truth in Advertising Act of 1995. .................. SB 323

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2314

JOURNAL OF THE SENATE

AFDC STANDARD OF NEED (See Public Assistance or Human Resources)

AFRICAN AMERICAN BUSINESS ENTERPRISE DAY Proclaim. ............................................................... HE 789 Recognizing. ............................................................ SR 430

AFRICAN-AMERICAN BUSINESS ENTREPRENEURS; introduced ....... Page 469

AGED (See Elderly)

AGRICULTURE

Agricultural Education; joint committee to study updating programs. ........ SR 163

Agricultural Fairs; contract vendors exempt local occupation tax. ........... KB 1155

Agricultural Processing Industries; fees for promotion of products. ........... HR 367

Animals Defined as Nontraditional Livestock for Purposes of Laws.

HB 1437

Apple Growers and Ellijay Marketing Association; commend ................ SR 461

Bedding Materials; certification; repeal O.C.G.A. Chapter 25. ............... HB 1361

Beekeepers; infected honeybees ordered destroyed; compensation.

HB 1760

Bonds of Agricultural Product Dealers; complaints; notice of breach.

HB 1279

Business Incentives; investment tax credits; committee to study.

SR 694

Code Revision; Title 2; correct errors and omissions. ....................... HB 1195

Commissioner; limitation of terms of office; amend Constitution. .............. SR 2

Commissioner; limitation of terms of office; amend Constitution.

SR 30

Commissioner; limitation of terms of office; amend Constitution. .............. SR 39

Commissioner; limitation of terms of office; amend Constitution. ............. SR 161

Congress; urge continued support for federal School Lunch Program.

SR 179

Correctional Farms; inmate labor; charitable food distribution. .............. SB 431

Criminal Intent to Defraud; misrepresent where products harvested. ......... HB 907

Drivers Transporting Farm Supplies; hours of service exemption; urge official

schedule of planting and harvest dates. ................................. SR 581

Entomology Act; definitions; eradication of plant pests. .................... HB 1269

Equines; animal health; veterinary services at equine sales. ................ HB 1311

Equines; inclusion in term 'livestock' relating to dealers. ................... HB 1310

Explosives Used in Agricultural Activities; unlawful acts; exception.

SB 636

Family Farm Limited Partnerships; ad valorem tax assessment.

SB 598

Family Farm Limited Partnerships; ad valorem tax assessment.

SB 656

Family Owned Farm Entities; ad valorem; conservation use covenant.

HB 1458

Fire Ants; elimination, control methods; committee to study. ................ SR 602

Georgia Farm Bureau Federation; commend

. SR 488

Georgia Liming Materials Act of 1996; enact

SB 657

Georgia Seed Law; substantial revisions; prohibited acts.

SB 583

Onion Crop Processing Machinery, Equipment; sales tax exemption.

HB 1399

Peach Festival Day at Capitol and Georgia Peach Festival; commend ... SR 420

Plant Food Act; liquid fertilizers; redefine "guaranteed analysis".

SB 655

Poultry Feed and Transportation Study Committee; creation

SR 478

Sorghum Syrup; official state festival; Blairsville Sorghum Festival. ......... HR 156

Trucks Hauling Agricultural Products; motor common carrier rules.

HB 609

Warehousemen; storage of agricultural products; electronic receipts.

HB 1405

AIRPORTS (See Aviation)

ALBANY, CITY OF

Confirm, Perpetuate Name State Highways to honor Thomas Jefferson.

HR 852

Mayor Paul A. Keenan, commend. ........................................ HR 839

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INDEX

2315

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence

or Motor Vehicles)

Advertising Establishments Where Nudity Exhibited; restrictions. ........... SB 586

Alcohol Related Criminal Offenses; parole conditions for inmates. ............ SB 154

Distilled spirits; retail dealers; certificate of residence. ...................... SB 577

Distilled Spirits, Wine; retail sales; price below cost prohibited.

HB 1625

DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211

DUI; eliminate accept plea of nolo contendere to charges. ................... SB 121

DUI; eliminate acceptance of a plea of nolo contendere to charge ............ SB 525

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; habitual violators; impound license plates; eliminate pleas; sentencing;

minors, zero tolerance, curfew hours, seat belts. ........................... SB 79

DUI; nonresident offender; increased fines in lieu community service. ........ SB 443

DUI; persons convicted 2nd offense; red stripe marker on license. ............ SB 544

DUI; persons indicted or accused vehicular homicide; time for trial. .......... SB 524

DUI; persons under age 18; license suspension period. ....................... SB 65

DUI; persons under age 21; zero tolerance of alcohol over .02 grams.

SB 118

DUI; persons under age 21; zero tolerance of any alcohol or drugs. ............ SB 79

DUI Violation; driver under age 18; license suspended; driver curfew. ........ SB 763

DUI; violations; increased penalties, punishment, loss of license. ............ SB 568

Fishing; intoxication on public fishing areas prohibited. .................... HB 1162

Hunting While Intoxicated Prohibited; evidence; penalties. .................. SB 530

Minors; dangers of alcohol, drugs; Public Safety contractors teach. .......... HB 1362

Minors; dangers of alcohol; public school courses; Public Safety. .............. SB 11

Open Containers; possession by driver or passenger; penalties. ............... SB 60

Persons Under Age; misdemeanor cases; probate court jurisdiction. ......... HB 1322

Sales in Residential Community Development Districts; referendums.

HB 1222

Sales on Sunday for Consumption on Premises; local authorization

SB 585

Sales to Minors; false identification; intent to deceive; penalty. .............. SB 198

Wholesale or Retail Licensees; municipal residency requirements.

SB 422

ALCOVY JUDICIAL CIRCUIT; third judgeship; Newton, Walton Counties. ... SB 278

ALIMONY

Child Custody; presumption of joint custody; rebuttal. ...................... SB 616

Child Support; failure to pay; contempt proceedings; legal defense.

SB 61

Person Gainfully Employed; violated orders; punishment; obligations.

SB 7

Public Retirement Benefits Subject Alimony, Child Support Orders.

SB 719

ALLEN, FLORINE STANLEY; congratulating ............................. SR 559

ALLISON, DR. ROLAND L.; commend .................................... SR 422

ALMA, CITY OF; Designate; Daniel Warnell Lee Memorial Bridge.

HR 1073

ALPHARETTA, CITY OF; taxes to retire bond indebtedness; exemption.

HB 1377

AMBULANCES (Also See Emergency Medical Services); emergency 911 calls; committee to study misuse, abuses. ........................................ SR 57

AMERICAN HERITAGE IN EDUCATION ACT

School Facilities; affirmations or documents of history or heritage.

SB 71

School Facilities; reading, posting documents of history or heritage. .......... SB 324

AMERICAN INDIAN DAY; designate. ....... HR 968

AMERICAN LEGION POST III VETERANS MEMORIAL MONUMENT COMMISSION; commend ............................................... SR 496

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2316

JOURNAL OF THE SENATE

AMERICUS THEATER AND CULTURAL CENTER AUTHORITY Creation .............................................................. HB 1784

ANATOMICAL GIFTS (Also See Organ Donors or Property)

Organ Donor Cards; motorcycle operators encouraged but not required.

HB 1230

Organ Donors; verification; accidents involving fatal injuries. ................ SB 544

Organ Tissue, Eye Bank Donor Registry; driver's license information.

HB 1331

ANDERSON, ALF; condolences on the passing .............................. SR 703

ANIMALS

Animal Training; persons using dangerous drug products; registration.

HB 611

Bears; killing of bears by beehive property owners; conditions. .............. SB 666

Deer, Elk, Reindeer, Antelope, Buffalo, Bison; livestock definition. .......... HB 1437

Equines; animal health; veterinary services at equine sales.

HB 1311

Equines; inclusion in term 'livestock' relating to dealers. ................... HB 1310

Police Accelerant Detection Dogs; offense of destroying, injuring.

HB 655

Police Horses; crime of intentionally destroying or causing injury. .......... HB 1570

Service Dogs Assisting Physically Disabled Persons; actions against. ........ HB 1268

ANNEXATION

County Boundary Lines; property sought to be transferred. ................. SB 762

Establish Procedures for Effective Date for Taxes and Other Purpose.

HB 1192

Island Property Removed From Industrial Area; adjacent city annex.

SR 228

Municipal Corporate Limits; contiguous or noncontiguous territory.

SB 695

Municipalities; area seeking incorporation; water bottoms, marshland

SB 634

Municipalities; reincorporation of area whose charter was repealed.

HB 1556

Zoning Procedures; property to be annexed into municipality.

HB 1231

ANTIFREEZE; Auto servicing; Labeling; reclaimed; reprocessed.

HB 1442

APPEALS AND ERROR

Appeals Involving Child Custody; expedite considerations of. ................ SB 726

Appellate Court Judges; compensation; state commission to study. ............ SR 97

Appellate Court; jurisdiction; application for permission to appeal.

SB 644

Appellate Judges; invite General Assembly Joint Session. ................... HR 747

Civil Cases; Appeals; time for filing Motions for specific Applications of

supersedeas, interim orders, rulings. .................................... SB 728

Commission on the Appellate Courts of Georgia; creation. .................. HR 1091

Court of Appeals; creation of tenth judgeship; procedures.

SB 750

Public Health Violations; injunction cases; appeals; enforcement.

SB 69

State Courts; appeals from default judgments in magistrate courts.

SB 540

Trial Courts; cases of contempt; granting of supersedeas.

SB 663

APPLE GROWERS AND ELLIJAY MARKETING ASSOCIATION Commend ................... .......................................... SR 461

APPLING COUNTY

Heart of Georgia Regional Development Center; ratify membership. ......... HR 826

Probate Court; judge; nonpartisan election begins 1996

HB 1874

Probate Court; judge; 1996 nonpartisan elections.

SB 603

APPOINTMENTS BY GOVERNOR

Pages 761, 2082

Adams, Annie Joyce ............................................. Pages 762, 2085

Aiken, Eula .................................................... Pages 762, 2084

Bailey, Phoebe .................................................. Pages 762, 2085

Barton, William Y. .............................................. Pages 761, 2084

Biggins, J. Veronica ............................................. Pages 762, 2084

Brown, Robert L., Jr. ............................................ Pages 761, 2083

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INDEX

2317

APPOINTMENTS BY GOVERNOR (Continued) Brown, W. Marshall ............................................. Pages 762, 2085 Butts, Audrey .................................................. Pages 762, 2085 Carraway, Sandra D. ............................................ Pages 762, 2085 Dahlberg, A. W. ............................................ Pages 762, 2082, 2085 DeNiro, Allan J. ................................................ Pages 761, 2083 Dodds, James A., Jr. ............................................ Pages 762, 2084 Farmer, Betty .................................................. Pages 761, 2084 Hall, Carolyn ................................................... Pages 762, 2085 Hammock, Jim .................................................. Pages 761, 2084 Haralson, Donald ............................................... Pages 762, 2085 Hodge, Jarrett Eugene ........................................... Pages 761, 2084 Hoffman, Anne D. ............................................... Pages 761, 2083 Houston, N. G., Ill .............................................. Pages 761, 2083 Jackson, Eugene H. ............................................. Pages 762, 2084 Jinks, Jenny .................................................... Pages 762, 2084 Joiner, Lasa Y. ................................................. Pages 761, 2084 Jones, Alfred W., Ill ............................................. Pages 762, 2085 Kanto, William P., Jr. ........................................... Pages 762, 2084 Levy, Louis I ................................................... Pages 762, 2084 Lowery, Bill .................................................... Pages 762, 2084 McKenna, William B., Sr. ........................................ Pages 761, 2083 Melton, Willda Cannon .......................................... Pages 762, 2085 Miller, Jonathan L. .............................................. Pages 761, 2083 Page, Betty Ann ................................................ Pages 762, 2084 Payne-Stancil, Barbara ........................ Pages 762, 2085 Powell, Carlton ................................................. Pages 761, 2083 Richards, G. Gregory ............................................ Pages 761, 2083 Roberts, Reuben S., Jr. .......................................... Pages 762, 2084 Sexson, William Robert .......................................... Pages 762, 2084 Shurbutt, C. Lewis .............................................. Pages 761, 2084 Sumlin, Hulett D. ............................................... Pages 762, 2084 Taylor, W. J. ................................................... Pages 761, 2083 Tiller, Brenda Hodges ........................................... Pages 761, 2084 Wetherington, William J. ........................................ Pages 762, 2085 Whitworth, Bobby K. ............................................. Pages 762, 2085

APPROPRIATIONS AND FISCAL AFFAIRS

Appropriations; amendments increasing expenditures prohibited. ............. SR 26

Appropriations; general; limitations; expenditures; local mandates. .......... SR 176

Appropriations, General, SFY 1996-1997. ................................. HB 1265

Appropriations; reduction by Governor; overriding such reduction. ........... SR 175

Appropriations; supplemental acts increasing expenditures prohibited.

SR 251

Appropriations, Supplemental; SFY 1995-1996. ................. HB 1186

Budget Act; Revenue Department; retention of tax collection fees. .......... HB 1443

Education Department; eliminate food-processing program funding. ........... SB 90

Federal Block Grant Funds; create committee to study. ..................... SR 411

Federal Block Grant Funds; create joint commission to study. ............... SR 495

General Assembly; Fiscal Affairs Subcommittees; budget transfers.

SB 595

Grants to Local School Systems from Lottery for Education Account. ......... SB 445

Prosecuting Attorneys' Council; judicial circuit budget requests. ............. HB 966

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2318

JOURNAL OF THE SENATE

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) QBE Funding; change program weight formula; increase salary for national teacher certification. .................................................. HB 1785 QBE Funding; inflationary adjustment, underfunded items; study of. ........ HR 769 Regional Educational Service Agencies, RESAs; uniform statewide local needs program grants; components. .......................................... HB 1754

ARBITRATION OF DISPUTES OR CLAIMS Contractual Agreements; waiver of jury trial; arbitration; mediation. Grandparent Visitation Rights; determination through mediation. Nuclear Power Plant Owners; decisions to ban employee of contractor.

SB 168 SB 365 SB 427

ARCADE, CITY OF; Jackson County; change corporate limits. ............... SB 779

ARCHITECTS; Plans for Public School Buildings; responsibility; ownership. HB 383

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARRESTS

Criminal History Records; procedure to modify, delete, or expunge. .......... SB 533

Sheriffs or Police Officers; powers when felonies committed.

SB 183

ARTS

Georgia Citizens for the Arts; commend ................................... SR 402

Faircloth, Helen Purser; 1996 Artist of the Year; commend.

SR 421

Fine Art; electronic images; right to duplicate; signed statement.

HB 873

Official State Folk Dance; designate square dancing.

HB 1519

ASBESTOS SAFETY ACT; Contractor Licensing; repeal state board; transfer duties to DNR. ......................................................... HB 1636

ASSAULT AND BATTERY

Commission of Crimes Using Certain Weapons; enhanced penalties.

HB 308

Criminal Offense of Battery; evidence; witnesses; spousal testimony.

SB 234

Injuries Upon Department of Children and Youth Services Personnel.

HB 1197

Inmates; battery or assault against correctional officer; security. ............. HB 660

Offense of Simple Battery Involving Family Violence; 3rd conviction.

SB 341

Sexual Battery; violent offenders; release conditions.

SB 53

Students Committing Offense Against Teachers; expulsion; suspension.

SB 637

AT-RISK YOUTH; school dropouts; driver's license academic requirement. . SB 98

ATHENS-CLARKE COUNTY PUBLIC FACILITDES AUTHORITY ACT HB 1845

ATHLETICS AND SPORTS (Also See Olympic Games)

Amateur Sports Symbols, Emblems; protection under Trademark Law.

SB 498

Georgia Board of Athletic Trainers and Massage Therapists; create. ......... SB 452

Olympic Stadium; urge name new stadium to honor Henry Aaron.

SR 596

Sports Hall of Fame Authority; powers; promotional expenditures.

HB 1838

Sports, Recreational Facility Development; use of car rental tax.

HB 1319

State Games Commission; powers; nonprofit subsidiary corporations.

SB 737

ATLANTA AREA SCHOOL FOR THE DEAF; student placement; choices. ...SB 521

ATLANTA BLACK NURSES ASSOCIATION; commend .................... SR 498

ATLANTA CHURCH OF CHRIST WOMEN'S DAY; recognizing

SR 624

ATLANTA, CITY OF Ad Valorem; status of taxes pending review; repeal provision.
Atlanta and Fulton County Recreation Authority; revenue bonds

HB 1771 HB 1894

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INDEX

2319

ATLANTA, CITY OF (Continued)

Atlanta Enterprise Zones Created for Residential Purposes; duration. ....... HB 1631

Atlanta Urban Enterprise Zones; minimum acreage near MARTA stations . HB 1844

Board of Education; reorganization. ...................................... HB 1503

Chattahoochee River; sewer treatment plants discharging water pollutants;

sanctions; fines; sewer connection bans. ................................. SB 500

Freaknik Student Event; create advisory commission to study problems. . . . . . SR 322

Freedom Fest (Freaknik) Weekend Event; welcoming college students.

SR 617

Metro Atlanta Area; water, sewer infrastructure; committee to study. ........ SR 620

Metropolitan Water and Sewer Infrastructure; committee to study.

SR 620

New Charter and Bill of Rights. ......................................... HB 1502

Olympic Stadium Facility; urge designate in honor of Henry Aaron. ......... SR 596

Property Conveyance; Centennial Olympic Park owned by WCC Authority. SR 525

Public School Buses; passenger seat belt requirements.

SB 476

Public School System; require uniform student dress code. .................. SB 621

R.M. Clayton Plant; phosphorus discharge; extend variance deadline.

SR 345

State Court System; re-create; jurisdiction; traffic laws. .................... HB 1447

Traffic Court; increase fees imposed for jail purposes. ....................... HB 625

Water Pollution; effects on lower Chattahoochee communities; loans. ......... SB 497

ATLANTA MOTOR SPEEDWAY AND BRUTON SMITH, ED CLARK; commend ............................................................... SR 502

ATLANTA RUCKUS; New Professional Soccer Team; commend .............. SR 553

ATLANTA, USS; Ship sunk in WW II; survivors introduced ................. Page 852

ATTORNEY GENERAL

Duties; notice of nonprofit corporation disposing of hospital assets.

SB 701

Duties; public hearings; mergers of corporations owning hospitals. ........... SB 702

Limitation of Terms of Office; amend Constitution. .......................... SR 2

Limitation of Terms of Office; amend Constitution.

SR 30

Limitation of Terms of Office; amend Constitution. ........................ SR 39

Limitation of Terms of Office; amend Constitution. ......................... SR 161

ATTORNEYS (Also See Courts, Civil Practice or Criminal Proceedings)

Absence From Court or Administrative Agency Proceedings; continuances;

attendance at General Assembly.

HB 1626

Appointment as Guardian Ad Litem; compensation restrictions.

HB 339

Counsel for Incapacitated Persons; prohibit serving as guardian.

SB 147

Foreclosing Liens on Abandoned Motor Vehicles; attorney's fees. .............. SB 87

Legal Services; cause of action for false advertising; damages.

SB 249

Power of Attorney Documents; agency relationships; execution; filing.

SB 144

Statutory Form for Financial Power of Attorney; creating an agency. ......... SB 145

Vehicle Accidents; commercial solicitation of victims prohibited. ............. SB 369

Workers' Compensation Truth in Advertising Act of 1995.

SB 323

AUCTIONS, AUCTIONEERS Commercial or Industrial Property; environmental site assessment. Licensure; qualifications; revocation grounds; ID card; inspections.

SB 96 HB 779

AUDITS Budgetary Responsibility Oversight Committee (BROC); functions ........... SB 703 Counties; statement or audit of financial affairs; submit grand jury. ......... SB 659 School System Financial and Accounting Personnel; qualifications. ........... SB 593 State Auditor; duties; cost analysis of mandated expenditure bills. ............ SB 38 State Auditor; duties; housing affordability impact statements. ............... SB 97

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2320

JOURNAL OF THE SENATE

AUDITS (Continued) State Auditor; duties; report condition of Local Retirement Systems. ........ HB 1650 State Auditor; duties; statistical summary; public assistance costs. ........... SB 381 State Auditor; review of budget requests for judicial circuits. ................ HB 966

AUGUSTA, CITY OF Augusta-Richmond Consolidated Government Coliseum Authority Act. ...... HB 1207
Augusta-Richmond County Coliseum-Civic Center Commission; create. ....... SB 546 Augusta-Richmond County Commission-Council; consolidation. .............. SB 350
Augusta-Richmond County Commission-Council; unification of powers. ....... SB 390 Augusta-Richmond County Government; tort and nuisance liability ......... HB 1576 Corporate Limits; annex certain territory; referendum. ..................... SB 453 Corporate Limits; change boundaries. ..................................... SB 352 Mike Padgett Highway; designate portion State Highway 56. ................ HR 189
Property Conveyance; abandoned right of way; convey to Gracewood Federal Credit Union. .................................... HR 940
Richmond County Board of Health; membership; composition; terms. ....... HB 1724

AUGUSTA JUDICIAL CIRCUIT; Superior Court; seventh judgeship; Burke, Columbia, Richmond Counties ............................................ SB 325

AUSTELL; Corporate Limits; exclude portion of Lithia Springs. .............. SB 412

AUTHORITIES (Also See Development Authorities)

Contracts; free enterprise participation process; competitive system. ......... SB 407

GaNet Authority; exempt data disclosure; publish 'Georgia Register'.

SB 725

Georgia Aircraft Authority; creation; services for state agencies. ............ HB 1584

Georgia Golf Hall of Fame; nonprofit corporation powers; tax status. ........ HB 1327

Georgia Music Hall of Fame Authority; allow marketing expenditures. ....... SB 588

Georgia State Museum Authority; create; purpose and powers. ............. HB 1169

GeorgiaNet Authority; public distribution of legislative information. ..... SB 337

Hospitals; Lease-purchase Agreement with Private Corporation; County of less

than 45,000. ......................................................... HB 1283

Hospitals; public not-for-profit; private corporations leasing. ................. SB 581

Housing and Finance Authority; bonds; amendment did not pass. ............ HB 288

Housing and Finance Authority; economic development bonds, loans. ........ HB 323

Housing and Finance Authority; employees; retirement membership.

HB 978

Housing; commissioners; officials, employees of governing authority. ......... SB 643

Housing; indian tribe housing authorities; create public body. ............... SB 123

Housing; powers; private enterprise agreements; redefine slum areas. ....... HB 1355

Jekyll Island-State Park Authority; fees; fire protection services.

SB 665

Jekyll Island-State Park Authority; restrict development activities. .......... SB 178

MARTA; board of directors; members representing State; designee. .......... SB 370

Mass Transportation Services; public authorities; local contracts.

HB 1179

Membership; effect of congressional and legislative redistricting.

... HB 1336

North Georgia Mountains Authority; employee retirement membership. ...... HB 407

Public; employee charitable donations; qualified organizations. ...

HB 1454

Public Records; fees for copying, search, retrieval of documents. ............ HB 1170

Rail Passenger Authority; regional or state-wide transportation plan. ........ SB 322

Rail Passenger Authority; regional or statewide transportation plan. ......... SB 573

Sports Hall of Fame Authority; powers; promotional expenditures. .......... HB 1838

State Agencies; rules; amendments, changes; printed objectives.

HB 1209

State; proposed rule adoption; prohibit during certain time period. ........... SB 451

Vendors of State Government; disclosure of gifts to public employees. ......... SB 19

World Congress Center Authority; powers; facilities usage. .................. SB 632

World Congress Center; enforcement powers relating facility use. ........... HB 1475

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INDEX

2321

AUTOMOBILE REPAIR SHOPS Automotive Repair Facilities Study Committee; creating. ................... SR 273 Customer Rights; cost estimate; excess charges. ............................ SB 440

AVIATION

Aerospace and Space Based Telecommunications Marketing; study of ........ SR 487

Aircraft Engine Rebuilding, Overhauling; extend freeport exemption. ........ HB 667

Airplane Engine Remanufacturing Machinery; sales tax exemption. ......... HB 1501

Airport Facilities; authorize special county 1% sales tax.

HB 1166

Airport Facilities; authorize special county 1% sales tax. ................... HB 1399

Georgia Aircraft Authority; creation; services for state agencies. ............ HB 1584

Middle Georgia Regional Airport; U.S. Government lease agreement. ........ SR 528

Vehicles Operated by Air Carriers; motor common carrier rules. ............. HB 609

B

BACON COUNTY; designate; Daniel Warnell Lee Memorial Bridge Hwy 32. HR 1073

BAIL (Also See Bonds or Criminal Procedure)

Arrested Person Refused Bail; when entitled grand jury hear charges. ....... SB 576

Bonding Companies; professional bondspersons; who may approve surety.

SB 664

Bonds in Misdemeanor Traffic Cases; transfer to other jurisdiction.

HB 1188

Cash Bonds; deposits by sheriffs; interest-bearing accounts. ................. HB 198

Deposit of Driver's License in Lieu of Bail; procedures. ..................... SB 544

Felony Cases; use of juvenile court records to set bail. ...................... SB 539

Professional Bondspersons Seeking Approval; criminal records search.

HB 813

BA1NBRIDGE STATE HOSPITAL PROPERTY; convey for county road purposes. .............................................................. HR 1001

BAKER COUNTY; Probate Court Judge to Serve as Chief Magistrate ......... SB 788

BALDWIN COUNTY

Certain State Land Under Custody of DHR; sell by competitive bid.

HR 334

Property Conveyance; authorize sale of surplus state property. .............. SR 457

State Court; office of judge; part-time position. ............................ HB 1793

BANKING AND FINANCE

Bank Certificates of Deposits; local governing bodies investments.

SB 242

Bank Deposits, Collections, Negotiable Instruments; comprehensive revisions to

Uniform Commercial Code. ............................................ HB 1388

Banks, Trust Companies, Mortgage Lender, Brokers; amend regulations.

SB 721

Branch-Banking; establishment at any location within state.

SB 312

Branch-Banking; expansion; comply with Community Reinvestment Act.

SB 165

Business Development Corporations; member loans; rate of interest.

HB 1078

Code Revision; Title 7; correct errors and omissions. ....................... HB 1195

Credit Cards; fraudulent use of financial transaction card account.

HB 656

Credit, Charge or Debit Cards; payments to state, local government.

HB 1591

Credit Transactions; collateral; nonrecording insurance; licensees.

SB 185

Department; personnel; examiners; qualifications; fee charges. .............. SB 721

Deposit Account Fraud; worthless instruments; interest payments. ......... HB 1295

Elder Abuse and Financial Exploitation; joint committee to study.

SR 121

Elderly Customers Believed to be Financially Exploited; reporting of. ........ SB 395

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2322

JOURNAL OF THE SENATE

BANKING AND FINANCE (Continued)

Fiduciaries; administrators of estates, trusts; settlement of accounts;

investments. ......................................................... HB 1030

Financial Institutions; comprehensive revision of tax provisions. ............ HB 1638

Financial Power of Attorney, Georgia Statutory Form; naming agent. ........ SB 145

Individual Medical Care Savings Accounts and Trusts; establishment. ....... SB 373

Intangible Personal Property Taxation; repeal; amend Constitution. ......... HR 734

Intangible Recording Tax on Short Term Notes; repeal certain laws. .......... HB 6

Intangible Recording Tax on Short-Term Real Estate Notes and Personal

Property; repeal ...................................................... HB 1101

Interest Rates, Credit Terms; restrictions on pawnbrokers. .................. SB 269

Interstate Banks and Branching by Merger; governance of acquisitions.

SB 492

Investment Companies or Trusts; permitted investment of state funds. ....... SB 308

Judgments; rate of interest; method to calculate; notice of rate. .............. SB 180

Mortgage Lenders; residential property; interest on escrow accounts.......... SB 393

Mortgages; recording deeds; include tax map, property parcel number. ....... SB 136

Motor Vehicle Sales Finance Act; delinquency charge limitations. ............ SB 574

Real Estate Appraisal Services; reports; conflicts of interest. ................ SB 465

Taxes Paid by Electronic Funds Transfer; transmitting documents. ......... HB 1124

Unclaimed Property Not Remitted to State When Due; interest penalty. . . . . . HB 1585

BANKRUPTCY; Property Exempt from Levy and Sale; certain limitations.

SB 625

BANKS, O. H.; redesignate bridge in memory of; Jasper County. ............. HR 1040

BARBERS; Faculty at Public Technical Institutes; exempt regulation. ........ HB 1582

BARGE, CHARLES ALAN; University System Scholar; commend ............ SR 661

BARNESVILLE, CITY OF Ad Valorem; homestead exemption; persons over age 65. ................... HB 1598 Ad Valorem; homestead exemption; persons over age 65; referendum. ....... HB 1780

BARROW COUNTY; Fort Yargo State Park fire tower; City of Winder lease. . HR 234

BARTOW COUNTY

Board of Education; advisory referendum on election districts.

SB 459

Board of Education; single-member districts; advisory referendum. ....... HB 1859

Children's Advocates, Terry Nelson and Terry Ramey; commend ............. SR 483

Property Conveyance; authorize sale of surplus state property. .............. SR 457

BASS, MR. AND MRS. MARTIN L.; honoring .............................. SR 571

BATTERY (See Assault and Battery or Crimes)

BEARS Beehive Owners; permission to kill bears under certain conditions. .......... SB 666
Hunting Violations; conviction; hunting privileges suspended. ............... SB 712 Killing of Bears by Beehive Property Owners; conditions. .................. HB 1452

BEAUTY PAGEANTS; Redefine Contests; bond requirement; entrant notices. SB 232

BEDDING MATERIALS; repeal O.C.G.A. Chapter relating to. .............. HB 1361

BEEHIVES

Beehive Owners; permission to kill bears under certain conditions.

SB 666

Killing of Bears by Beehive Property Owners; conditions. .................. HB 1452

BEER (See Alcoholic Beverages or Breweries)

BELLSOUTH TELECOMMUNICATIONS, INC.; grant easement area; Lee County. ................................................................ SR 459

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INDEX

2323

BELLVELLE, CITY OF; new charter; Evans County. ....................... HB 1768

BEN HILL COUNTY; Motor Vehicle Registration; nonstaggered period.

HB 1607

BENHAM, ROBERT; Supreme Court Chief Justice; address joint session

Page 55

BENNETT, MARANDA DAWN; University System Scholar; commend ........ SR 662

BERRIEN COUNTY Board of Commissioners; compensation; county-wide elections. ............. HB 1333 Board of Education; election districts; terms; qualifications. ................ HB 1855

BIBB COUNTY Board of Commissioners; filling of vacancies............................... HB 1715 Macon and Bibb County, Area Legislative Day; welcoming .................. SR 563 Property Conveyance; Middle Ga. Regional Airport; lease agreement. ........ SR 528 State Hospital for Inmates; relocating proposed medical facility. ............. SR 261

BICYCLES Bicycle Paths; include within definition of public roads. ...................... SB 3
Bicycles Assisted by an Electric Motor; requirements; restrictions. .......... HB 1506 Bicycles Assisted by an Electric Motor; requirements to operate. ............ HB 1230

BIDS (Also see Contracts) Mental Health Regional Boards; bids for services; procedure. State Agencies; procedures; Purchasing Reform Act of 1996.

SB 339 SB 550

BILLBOARDS

Outdoor Advertising; multiple message signs; permit conditions.

HB 1689

Outdoor Advertising; Obscene Material Prohibited; regulate where advertising

of nudity is exhibited. ................................................. SB 586

Outdoor Advertising; Public Road Right of Way; directional signs.

SB 319

Outdoor Advertising; Public Roads; tree trimming permits.

SB 321

Outdoor Advertising; State Highways; tree, vegetation cutting.

SB 169

BLACK HISTORY MONTH CELEBRATION; South Fulton Legislative Day. SR 466

BLAIRSVILLE, CITY OF; designate as Official State Sorghum Festival site. HR 156

BLAKELY, CITY OF; authority; repeal certain provisions.

HB 1776

BLAKNEY, NATHANIEL A.; claims against the state; compensate. ......... HR 1017

BLAND, MAJOR GENERAL; National Guard; introduced, remarks ......... Page 795

BLECKLEY COUNTY; Heart of Georgia Regional Development Center; ratify membership. ............................................................ HR 826

BLIND PERSONS (Also See Handicapped Persons)

Agencies Serving Blind or Visually Handicapped; professional counselors;

license exceptions. ..................................................... SB 542

Business Operations; exempt local occupation taxes, fees.

HB 1155

Guide or Service Assistance Dogs; unlawful actions against; penalty. ......... HB 126

Telephone Service; specialized telecommunication TDD devices.

SB 460

Visually Impaired Parents; driving privileges of child accompanying.

SB 515

BLOCK GRANT FUNDS Community Action Agencies; contracts for services; noncompliance. .......... SB 716 Create Committee to Study Efficient Use. ................................. SR 411
Create Joint Block Grant Study Commission .............................. SR 495

BLUE CROSS/BLUE SHIELD OF GEORGIA PLAYGROUND OLYMPICS Commend .............................................................. SR 608

Refer to numerical index for page numbers

2324

JOURNAL OF THE SENATE

BLUE RIBBON STUDY COMMITTEE ON FUNDING OF QUALITY BASIC EDUCATION ACT ..................................................... HR 769

BOATS, MARINE EQUD7MENT AND FACILITIES

Boat Registration; private agents for DNR; fee for services ................. HB 1161

Boat Safety; life preservers; child under age 10 on moving vesselsjrestricted

operation areas. ...................................................... HB 1160

Boat Safety; moving vessels; children required wear flotation device. ......... SB 590

Boat Safety Study Committee; creation. .................................... SR 86

Boating Regulations; exemption; certain licensed water events. .............. SB 604

Boats Participating Olympics or Paralympics; equipment exemption. ........ HB 1228

Boats Used in Olympic and Paralympic Games; equipment exemption.

SB 529

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Offenses Involving Operation of Watercraft Committed by Juveniles. ......... SB 629

BODY PIERCING; cruelty to children; penalty. ............................. SB 508

BOISMIER, SUE AND RICHARD; Temple Business Persons of Year Award. .......................................................... SR 582

BOMBS; Explosive Devices, Chemical or Biological Weapons; illegal acts.

SB 636

BONDS

Bail; cash bonds; deposits by sheriffs; cross-references. ...................... HB 198

Bail; release of persons charged family violence; notice to victims. ........... SB 209

Industrial Development; issuance; economic development; sunset.

HB 323

Revenue; limitation of term; life expectancy of project financed. .............. SB 297

Revenue; limitations upon state financing terms. ........................... SR 168

Surety; bail bonds posted for trial appearance; liability. .................... HB 1479

Surety; estate administration; guardians, trustees; requirements. ........... HB 1030

Surety; guardian of veteran or beneficiary; appointment, discharge. .......... SB 596

Surety; requirements of notaries public; performance bonds. ................ SB 403

BONE DISEASES; Osteoporosis Prevention and Treatment Education Program. ............................................................... HB 433

BOOT CAMP PROBATION ALTERNATIVES; Persons Committing Certain Offenses Ineligible for Placement. ......................................... SB 285

BRADSHAW, SISTER LAURA; commend .................................. SR 712

BRIDGES (See Highways, Bridges and Ferries)

BROOKS COUNTY; Superior Court Judges; increase county supplement.

HB 1762

BROUN, HONORABLE PAUL C.; 80th Birthday Congratulations

SR 629

BROWN, MRS. SULLA BURNAM, 90TH BIRTHDAY; commend

SR 431

BROWNING, NIKKI Y.; University System Scholar; commend ............... SR 663

BRYAN COUNTY

Richmond Hill Area Convention and Visitors Bureau Authority; create.

HB 1678

State Court; change terms of court. ...................................... HB 1646

Tax Commissioner and Personnel; compensation, benefits.

HB 1676

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INDEX

2325

BUCE, WALTER HOWARD, JR.; expressing regret at the passing ........... SR 537

BUDGET (See Appropriations and Fiscal Affairs)

BUDGET ADDRESS BY GOVERNOR; joint session

Page 35

BUFORD, CITY OF; change corporate limits .............................. HB 1872

BUILDING AUTHORITY, GEORGIA Missing Children Information; displays in state office buildings. ............. SB 638 State Buildings and Vehicles; committee to study efficient use of. ........... SR 268 World War I Veterans Monument Study. .................................. HR 873

BUILDINGS AND HOUSING

Arenas, Stadiums, Convention Halls; women's restroom facilities. ............ SB 614

Building Construction Codes; plumbing, water and sewer line inspections; fire

safety code standards. ................................................ HB 1221

Handicapped Access; persons with disabilities; remove barriers.

HB 653

Home Construction; erosion controls; trout stream buffer zones.

HB 350

Housing Affordability Impact Note Act; general assembly requirements.

SB 97

Housing Authorities; commissioners; appointment of elected officials.

SB 643

Housing Authorities; powers; private enterprise agreements; property tax

exemption; revise definition of slum areas .............................. HB 1355

Indian Housing Authorities; creation for certain tribes; no gambling.

SB 123

Mobile Homes; ad valorem; failure to make return of taxes. ................. SB 280

Nuisance Actions; property where substantial drug activity occurs. ......... HB 1287

Olympic Landlord-Tenant Oversight Commission; creation .................. SR 394

Private Residences; new speculative homes; bathroom door standards.

HB 1076

Public Housing Programs; transfer certain duties to Department of Community

Affairs; contracts. .................................................... HB 1419

Rental; landlords; actions against tenant reporting code violations.

SB 601

Rental Properties; tenant's remedy of repair to correct conditions.

SB 599

Residential; unsightly premises; Municipal Environmental Courts.

SB 108

Residential; use of force in self-defense against a forcible entry. ............. HB 107

School Buildings; building permits; architect, engineers signature.

HB 383

Smoking in Places of Employment; restrictions; signage.

SB 236

Structural Pest Control Businesses; licensure; applicant exams.

SB 351

Youthbuild Program; work experience, apprenticeship training program.

SB 315

BULLOCH COUNTY

Designate; Paul E. Nessmith Parkway; portion of U.S. Hwy 25.

HR 332

Ratify Transfer to Coastal Regional Development Center. ................... HR 878

BURDETT, BRYAN DAVID, CHEROKEE COUNTY DEPUTY SHERIFF Commend ......................................................... .... SR 492

BURKE COUNTY

Board of Education; compensation and expense allowance. .................. SB 765

Coroner; increase salary ................................................ HB 1856

Superior Court; Augusta Judicial Circuit; additional judgeship.

SB 325

BUSES School Bus Drivers; local salary supplement; limit reduction of. School Buses Employed Atlanta Public Schools; passenger seat belts.

SB 218 SB 476

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUSINESS EXPANSION SUPPORT ACT; Tax Incentives; decrease certain requirements to qualify; add certain sales tax exemptions. ................. HB 1501

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2326

JOURNAL OF THE SENATE

BUTTS COUNTY; Magistrate Court; chief magistrate; salary ............... HB 1629

CABLE TELEVISION; Theft of Telecommunications Services; unlawful acts denned; penalty. ........................................................ SB 597

CAIRO HIGH SCHOOL Baseball Field; commend naming for Jackie Robinson. ...................... SR 638 Class of 1946, 50th Class Reunion; commend .............................. SR 640 Track and Basketball Coach Tommy Taylor; commend ...................... SR 650

CALHOUN COUNTY Board of Commissioners; compensation ................................... HB 1869 Board of Education; members; compensation; expenses. .................... HB 1748 Motor Vehicle Registration; nonstaggered 4-month period .................. HB 1520 Motor Vehicle Registration Period. ........................................ HB 1204

CAMDEN COUNTY; Commissioners; conflict of interest votes; deputy sheriffs. ................................................................ HB 699

CAMP, COLEMAN H.; honoring .......................... SR 708

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections)

Contributions; disclosure; report accuracy; loans to campaign committee; return

excess contributions. ................................................... HB 868

Contributions Made by Persons Acting on Behalf of Motor Carriers. ......... SB 667

Contributions; payment for campaign consulting services; restriction.

SB 18

Lobbyists; independent expenditures; file report; prohibited actions. .......... SB 489

CAMPBELL, MARY BETH; University System Scholar; commend ........... SR 664

CANCER TREATMENT

African American Women Speak Out About Breast Cancer; commend author. SR 643

Breast Cancer Risks Associated With Abortions; informed consent. .......... SB 685

Managed Care Health Plans; patient access to cancer care services.

SB 707

CANDIDATES (See Elections)

CANDLER COUNTY; Heart of Georgia Regional Development Center; membership. ............................................................ HR 826

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INDEX

2327

CANTRELL, SELENA; Sang gospel hymn for Senate ...................... Page 719

CAPITAL PUNISHMENT (See Death Penalty, Courts or Criminal Procedure)

CAPITOL BUILDING; Placement of Portrait of the Honorable Culver Kidd. SR 444

CAPUCHIN MONKEYS; use by handicapped persons. ...................... HB 1268

CARROLL COUNTY

Board of Education; new election districts. ................................. HB 973

Juvenile Court; intake and probation services; transfer to DCYS.

HB 1524

Members of Governing Authority; election qualifications.................... HB 1523

Tax Commissioner; collection of school tax; retention of percentage. ......... HB 1871

CARROLLTON, CITY OF; property conveyance; surplus state property. ...... SR 413

CARTERSVILLE, CITY OF; property conveyance; railroad depot property. . .. SR 413

CARTERSVILLE HIGH SCHOOL BIBLE CLUB; commend

SR 480

CARTERSVILLE HIGH SCHOOL FOOTBALL TEAM; commend

SR 520

CARTERSVILLE HIGH SCHOOL NEWSPAPER; commend

SR 482

CARTERSVILLE HIGH SCHOOL WINNING YEARBOOK, CAHISCO Commend .............................................................. SR 481

CARTERSVILLE MIDDLE SCHOOL MATH DEPARTMENT Commend .............................................................. SR 479

CATHY, S. TRUETT AND CHICK-FIL-A, INC. 50TH ANNIVERSARY Commend .............................................................. SR 637

CATOOSA COUNTY Board of Utilities Commissioners; change compensation. .................... SB 782 Development Authority; voting quorum to take actions. .................... HB 1903 Superior Court Clerk, Probate Court Judge; clerical allowance. ............. HB 1885

CAVE SPRING, CITY OF; water line easement; Georgia School for the Deaf. SR 459

CEDAR SHOALS HIGH SCHOOL FOOTBALL TEAM; commend

SR 655

CELLULAR RADIO, MOBILE TELEPHONES; unlawful access; theft.

SB 597

CEMETERIES

Failure to Maintain Cemetery Property or Burial Merchandise; penalty. . . . . . SB 359

Funeral Establishments; identity of persons interred affixed casket.

SB 43

Nonperpetual Care Cemetery; burial space; certificate of operation. .......... SB 179

CERTIFICATE OF NEED, HEALTH CARE FACILITIES (Also See Health Care Facilities) Hospital Re-structuring, New Combinations; study regulatory control. ....... SR 556 Hospital Re-structuring; regulatory control; Senate Study Committee. ........ SR 557 Hospitals; health care reform changes; committee to study CON laws. ....... SR 639

CERTIFICATES OF PARTICIPATION FINANCING; Local Government Debt Limitations; amend Constitution. .......................................... SR 28

CHAIN GANGS; inmate work details outside of confinement areas. .......... HB 1193

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2328

JOURNAL OF THE SENATE

CHAMBLEE HIGH SCHOOL; commend ................................... SR 552

CHAMBLEE HIGH SCHOOL MAGNET PROGRAM FOR HIGH ACHIEVERS; commend. ................................................ SR 400

CHAMBLEE HIGH SCHOOL STUDENTS; introduced to Senate .......... Page 52

CHAPLAINS OF THE DAY

Appleton, Dr. Jon ...................................................... Page 595

Arnold, Reverend Hugh .................................................. Page 24

Bosson, Reverend Allan ................................................. Page 192

Bowman, Captain David ............................................... Page 1091

Britt, Reverend William ................................................ Page 487

Brown, Dr. Barbara ................................................... Page 1910

Cargo, Reverend Bob ..................................................... Page 1

Cutter, Reverend Vernell .............................................. Page 1219

Dagenhart, Dr. Barry ................................................... Page 464

Davenport, Reverend William .............

Page 222

Drummond, Dr. Ferrell .................................................. Page 65

Edwards, Dr. Wayne ................................................... Page 671

Franklin, Pastor Jentezen ................................... .......... Page 107

Grubbs, Pastor David ................................................... Page 315

Hall, Reverend Fred .................................................... Page 706

Hamrick, Reverend Wayne ............................................. Page 1280

Hatney, Dr. Johnny ..................................................... Page 51

Hegg, Reverend Camille ............................................... Page 1393

Henderson, Dr. Cornelius ............................................... Page 945

Hill, Matthew .......................................................... Page 136

Horton, Reverend Jimmy ............................................... Page 119

Howell, Dr. Rudolph .................................................... Page 729

Hutcheson, Pastor John ................................................. Page 96

Jackson, Pastor Daniel ................................................. Page 264

McCaskill, Reverend Ronald M. ......................................... Page 385

McCoy, Dr. Timothy .................................................... Page 827

Merritt, Dr. James ...................................................... Page 80

Moore, Reverend Levy .................................................. Page 354

Motley, Reverend Anthony ............................................... Page 34

Paulk, Bishop Earl ................................................

Page 416

Robinson, Reverend Lawrence .....................................

Page 899

Rosser, Major James B. ................................................. Page 795

Russell, Reverend Nim ................................................. Page 851

Samuel, Dr. Kenneth .................................................. Page 1698

Skogen, Reverend Kelvin ............................................... Page 563

Sloan, Reverend Bruce ................................................. Page 166

Smith, Dean Day .................................................. Page 1910

Smith, Reverend Rubin ........................................... . . . . . Page 995

Welch, Reverend Brian ................................................ Page 1143

Wigley, Reverend Robert................................................ Page 760

Woods, Reverend Mike ................................................ Page 1029

CHAPLINWOOD NURSING HOME; commend

SR 699

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARLTON COUNTY Motor Vehicle Registration; 4-month nonstaggered period .................. HB 1592
Property Conveyance; proposed prison; allow sale to private entity. .......... SR 457

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INDEX

2329

CHARTER, SPECIAL SCHOOLS; contracts; criteria; grants; procedures.

SB 235

CHASTAIN, EDWIN C.; claims against the state; compensate. ............... HR 447

CHATHAM COUNTY

Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228

Magistrate Court; magistrates; nonpartisan election; terms. ................ HB 1409

Probate Court; judge; nonpartisan election. ............................... HB 1410

Property Conveyance; authorize sale of surplus state property. .............. SR 457

Recorder's Court; judges; nonpartisan election. ............................ HB 1411

Savannah/Chatham County Board of Education; change compensation.

SB 622

Savannah/Chatham County Board of Education; elections. ................. HB 1866

Savannah/Chatham County; building codes; consolidate enforcement. ....... HB 1842

CHATTAHOOCHEE RIVER Phosphorus Discharge Standards; urge extend variance deadline. ............ SR 345 Water Pollutants; discharge of sewage waste; permit restrictions. ........... HB 1504 Water Pollutants; sewage and waste disposal; permit restrictions. ........... SB 648 Water Pollution Damages; establish fund to assist local governments, persons and businesses. ....................................................... SR 386 Water Pollution; lower Chattahoochee communities; loan program. .......... SB 497 Water Pollution; sewer systems discharging phosphorus waste water; monetary penalties; restrict additional sewer connections. .......................... SB 500

CHATTOOGA COUNTY Ad Valorem; school taxes; homestead exemption; certain age, income Designate; John Frank McConnell Crime Laboratory; new GBI building. Designate; Lt. Colonel Lee Lenderman Memorial Highway; Highway 114.

HB 1850 . HR 1039
HR 1109

CHECKS USED IN FINANCIAL TRANSACTIONS Auto Liability Insurance; dishonored check; cancellation of coverage. ......... SB 238 Bad Checks; damages, costs; increase service charge to $25. ................. SB 661 Bank Deposits, Collections, Negotiable Instruments; comprehensive revisions to Uniform Commercial Code ............................................ HB 1388 Deposit Account Fraud; worthless instruments; restitution; interest. ........ HB 1295

CHENEY, J. MAX; designate new bridge on Ga. Hwy. 147 in Memory of. ...... HR 804

CHEROKEE COUNTY

Board of Commissioners; abstention from voting. .......................... HB 1857

Cherokee County Parks and Recreation Authority; appointments.

HB 1450

City of Woodstock; extend corporate limits; advisory referendum.

HB 1750

Sheriffs Termination Review Board; employment actions. .................. HB 1691

State Court of Cherokee County; creation. ................................ HB 1729

State Court; transfer of cases, records if separate court created.

HB 1727

CHICK FIL-A RESTAURANT FOUNDER; Truett Cathey introduced

Page 1157

CHILD ABUSE (Also See Minors or Crimes)

Child Custody Disputes Involving Alleged Abuse; court jurisdiction. ......... SB 729

Child Custody; visitation restrictions; abuse directed toward child. ........... SB 727

Evidence; statements made by child to another; admissible testimony.

SB 124

Georgia Child Abuse Study Committee; creation. ........................... SR 164

Juvenile Court Judges; training relative to protection of children............. SB 730

Murder Committed While Engaged in Acts of Cruelty; death penalty.

SB 605

Prevention and Treatment Centers; funding; criminal, traffic fines. .......... SR 162

Prevention Programs; community based family support services. ............ SB 654

Prevention, State-wide Panel; administrative agency; staff support. .......... SB 493

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2330

JOURNAL OF THE SENATE

CHILD ABUSE (Continued) Records; agencies permitted access; abusers name in state registry. .......... SB 575 Sex Offenders Ineligible Incarceration in Probation Boot Camp. ............. SB 285 Sexual Abuse; offenses against children under age 16. ...................... SB 140

CHILD CARE (Also See Human Resources) Public or Private Agencies; use of lottery funds for Pre-K programs. ......... SB 761 Regulation, Licensure; duties of new Office of School Readiness. ............. SB 709

CHILD CUSTODY
Appeals Involving Child Custody; expedite consideration of. ................. SB 726 Child Welfare Services; foster care, adoption; committee to study. ........... SR 590 Contested Cases Involving Alleged Abuse; court jurisdiction. ................ SB 729 Grandparent Visitation Rights; disputes; guardian ad litem; mediator. ....... SB 365 Grandparent Visitation Rights to a Minor Child; change provisions. ......... SB 640 Interference With Visitation Allowed Noncustodial Parent; penalties. ........ SB 219 Issues; parental powers; awards in best interest of child. ................... SB 348 Joint Legal, Physical Custody, Presumption of; exception; rebuttal. .......... SB 616 Juvenile Court Orders for Parent to Enter Substance Abuse Program. ....... SB 551 Juvenile Courts; termination of parental rights; placement of child. .......... SB 619 Parental Visitation; conditions; findings of family violence. .................. SB 120 Restrictions Upon Visitation; evidence of child abuse. ....................... SB 727 Right of Child to Select Custodial Parent; change to age 12 years. ........... SB 684 Visitation Rights of Noncustodial Parent; court encouraged to grant. ......... SB 246

CHILD MOLESTATION; Offenses Against Females Under Age 16. ............ SB 57

CHILD SUPPORT (Also See Domestic Relations) Computation; consideration of parent's gross income, circumstances. ......... SB 290 Court Orders; review and adjustments in amount of award. ................. SB 348 Divorce Cases; inapplicable provisions; no minor children involved. ......... HB 1145 Divorce Decrees and No Minor Children Involved; procedures. ............... SB 227 Failure to Pay; certified listing of persons not in compliance; licensing entities to suspend, deny professional license. ...................................... SB 227 Failure to Pay; contempt proceedings; counsel for indigent defendant. .... SB 61 Parents Ordered to Maintain Life Insurance to Benefit Minor Child. ......... SB 423 Public Retirement Benefits Subject Domestic Relations Orders; define. ....... SB 719 Violated Court Orders; employed persons; incarceration; obligations. .......... SB 7

CHILDHOOD VACCINATION REGISTRY PROGRAM; establish statewide. HB 844

CHILDREN (See Minors)

CHDLDREN & YOUTH SERVICES DEPARTMENT (Also See Juvenile Proceedings)

Carroll County Juvenile Court Intake and Probation Services; transfer to state

wide system. ......................................................... HB 1524

Children Committed to State Facilities; litigation costs incurred by local school

systems; reimbursement. .............................................. HB 1610

Correctional Facilities; school age youth; special school district. .............. SB 228

Correctional Services; strategic plans, alternatives; privatization.. ........... SR 137

Delinquent Children; disposition and custody of a nonresident child. ......... SB 410

Designate; Thomasville YDC as the Judge Thomas Jefferson Loftiss II Regional

Youth Detention Center ............................................... HR 792

Employees; assault, battery by juveniles held in custody; penalties. ......... HB 1197

Employees; transfers from county juvenile systems; retirement.

SB 435

Facilities; services rendered in repayment of medical school loans. ........... SB 262

Felony Offenders; release from Confinement; Notice to School Officials; youth

religious activities. ................................................... HB 1370

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INDEX

2331

CHILDREN & YOUTH SERVICES DEPARTMENT (Continued) Juvenile Court Records; use in felony cases; access by judges. ............... SB 539 Juvenile Delinquency; training seminars for juvenile court judges. ........... SB 730 Juvenile Delinquent Acts; court ordered counseling; compliance. .............. SB 77 Juvenile Delinquent Acts or Felony Cases; hearings; notices; records. ......... SB 30 Juvenile Traffic or Watercraft Offenses; delinquent child placement. ......... SB 629 Juveniles Held in Custody; felony penalty to assist escape, provide illegal contraband; crimes against DCYS personnel. ........................... HB 1197 Parental Responsibility Act; duties in Juvenile Court proceedings. .......... HB 1299 Youthbuild Program for Economically Disadvantaged Youth; establish. ....... SB 315

CHIROPRACTORS; Scope of Practice; ordering magnetic resonance studies. SB 409

CHOOSING THE BEST PROGRAM OF PIERCE COUNTY; commend.

SR 477

CHURCHES Health Care Policies Contrary Religious Beliefs; alternative care. ............ SB 417 Insurers of Risks of Places of Worship; premium tax exemption. ............ HB 1130 Public Schools; prayers or devotions led by ordained clergy. ................. SB 507
Religious Activities for Youth Committed State Corrections Facility. ........ HB 1370 Religious or Pastoral Counselors; sexual contact with person seeking counseling
prohibited. ........................................................... HB 1033 Vans, Buses Owned by Religious Groups; ad valorem tax exemption. ......... HB 756

CITIES (See Municipalities or Local Government)

CIVIC ILLITERACY; All-American Citizen Team Plan to Defeat; encourage. SR 529

CIVIC LITERACY; encourage communities to implement plans for. ........... SR 299

CIVIC RENEWAL COUNCIL; create; coordinate intergovernment resources. . SB 366

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Actions Against Nonresident Defendants; venue under long-arm statute. .. . . . SB 231

Appeals; specific applications of supersedeas, interim orders; time for filing,

ruling on motions. ..................................................... SB 728

Attendance of a Party or Attorney at General Assembly; continuances. ...... HB 1626

Business Corporations; actions by shareholders; complaints. ................ HB 1425

Civil Justice System; committee to evaluate proposed reforms. .............. SR 446

Consolidation of Actions; repeal requirement that parties consent. ........... SB 182

Contractual Agreements; dispute resolution; arbitration; mediation. .......... SB 168

Damage Actions Against Land Surveyors; period of limitation. .............. SB 303

Depositions; testimony in nonstenographic form; designate methods. ......... SB 283

Disputes Between Nuclear Power Plant Owners and Contracted Employees. . SB 427

Evidence; authenticity of medical reports; admissibility. .................... SB 421

Fees; Court-connected Alternative Dispute Resolution Programs. ............ SB 628

Inmates Filing Frivolous Lawsuits; enact prison litigation reforms. ......... HB 1284

Inmates; frivolous or malicious court actions; dismissal; costs. ............... SB 514

Judgments; satisfaction of debt; timely cancellation of executions. ........... SB 670

Judicial Sales; obstructing officer enforcing judgment prohibited. ........... HB 1172

Levying on Land; executions; to whom deliver written notice. ............... SB 277

Magistrate Courts; civil claims; monetary jurisdiction. ...................... SB 752

Magistrate Courts; increase filing Fees. ................................... SB 669

Retail Installment, Home Solicitation Sales; unintentional errors.

HB 1647

State Courts; enforcement of judgments; deferred partial payments. .... SB 434

Wrongful Death Actions; four-year limitation of action. ..................... SB 526

CIVIL DEFENSE (See Emergency Management or Military Affairs)

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2332

JOURNAL OF THE SENATE

CIVIL PRACTICE (Also See Courts)

Actions Against Nonresident Defendants; venue under long-arm statute. . . . . . SB 231

Arbitration Proceedings; nuclear power plant owners and employees.

SB 427

Business Corporations; actions by shareholders; complaints. ................ HB 1425

Code Revision; Title 9; correct errors and omissions.

HB 1195

Contractual Agreements; dispute resolution; arbitration; mediation. .......... SB 168

Discovery Provisions; judgment debtors; magistrate court proceedings.

HB 580

Habeas Corpus; review of death penalty sentence; procedures; filing.

SB 102

Habeas Corpus; review of death penalty sentences; eliminate delays.

SB 80

Inmates; frivolous or malicious lawsuits; dismissal; costs. ................... SB 514

Levying on Land; executions; to whom deliver written notice. ............... SB 277

Motion to Strike; improper claims relative addressing public issues. .......... SB 1

Wrongful Death Actions; four-year limitation of action. ..................... SB 526

CIVIL WAR HISTORIC SITES; preservation program; sale of license plates. . SB 649

CLANTON, PERRY LELAND, JR., MAYOR OF HAHIRA; commend.

SR 447

CLARK, SHAWN VISON; University System Scholar; commend .............. SR 666

CLARKE COUNTY Athens-Clarke County Public Facilities Authority Act. ..................... HB 1845 State Court; additional judge; salary provisions ........................... HB 1615 Superior Court; Western Judicial Circuit; third judgeship. .................. SB 306

CLAY COUNTY Motor Vehicle Registration; nonstaggered 4-month period .................. HB 1521 Motor Vehicle Registration Period. ....................................... HB 1205 Property Conveyance; lease undeveloped land for golf course. ............... SR 257

CLAYTON COUNTY

Board of Education; members; nonpartisan elections.

HB 1892

Clayton County Commission on Children and Youth; abolition date.

HB 1659

District Attorney Investigators; peace officer powers. ....................... SB 691

Magistrate Court; magistrates; appointments. ............................. SB 781

State Court; new judgeship; office of chief judge rotation. ................... SB 758

State Court; solicitor; compensation ...................................... HB 1890

Tax Commissioner; annual salary ........................................ HB 1891

CLAYTON JUDICIAL CIRCUIT; District Attorney Investigators; arrest powers. ................................................................ SB 691

CLERMONT, TOWN OF; mayor and councilmembers; terms of office ........ HB 1886

COASTAL RESOURCES

Boating Regulations; exempt licensed regattas, boat races, events. ........... SB 604

Coastal Resources; zone management program; committee to study.

SR 540

Cumberland Island and City of St. Marys; urge National Park Service adopt

plan for certain historic properties. ..................................... HR 316

Fishing; commercial boats; restrict issuance of new licenses ................. SB 104

Island Property Within Constitutional Industrial Area; allow removal ........ SR 228

Jekyll Island State Park; undeveloped land; development restrictions. ........ SB 178

Salt-water Islands Property Development; zoning advisory boards.

SB 612

Seafood; taking of shrimp by cast net; allowable limit.

HB 1159

Tidewaters and Navigable Waters; permits for structures; duration. ......... SB 442

Water Bottoms, Marshland, Salt-water Islands Seeking Incorporation.

SB 634

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INDEX

2333

COBB COUNTY Board of Commissioners; chief executive officer; county manager. ........... HB 1469 Board of Education; method to fill vacancies. .............................. SB 764 Cobb County Commission on Children and Youth; abolish July 1, 1998. ...... SB 777 Counties of 400,000 or More; charitable contributions. ..................... HB 1682 Johnson Ferry Road; add to state developmental highway system. ........... SB 582 Johnson Ferry Road; urge designate part of State Highway System. ......... SR 412 Juvenile Court; judges; change compensation .............................. SB 740 State Court; chief judge; election by vote of all judges. ..................... HB 1815 State Court; judge pro hac vice; appointment. .............................. HB 598 State Court; judges; Divisions 1 and 2; salaries. ........................... HB 1888 Superior Court; Cobb Judicial Circuit; eighth judgeship. .................... SB 264 Superior Court; Cobb Judicial Circuit, Joint Study Committee on Pilot Projects. .............................................................. HR 260 Tax Commissioner; position of administrative specialist. .................... SB 759

COBB JUDICIAL CIRCUIT Joint Study Committee on Pilot Projects; creating. ......................... HR 260 Superior Court; additional judgeship; Cobb County. ........................ SB 264

COBB TRAVEL STUDYCADE CLUB FOR SENIOR CITIZENS; commend. SR 536

CODE OF GEORGIA

Delete Terms "Handicap or Handicapped"; insert "disabled or persons with

disabilities". .......................................................... HB 653

Health; repeal Chapter 25 relating to articles of bedding.

HB 1361

OCGA; code revisions; modernization, correction; reenact statutes. .......... HB 1195

OCGA; Title 12; Hazardous Waste Management Act; update references.

HB 1224

OCGA; Title 21, Elections; correct errors and omissions. ................... HB 1196

OCGA Titles 29 and 53; comprehensive revisions. ...................... HB 1030

Power of People to Enact or Reject Statutes at Polls. ........................ SR 4

Power of People to Enact or Reject Statutes; process. ........................ SR 23

Power of People to Enact, Reject Statutes; initiative petition and referendum

process. .................................................. ............ SR 60

Power of People to Enact, Reject Statutes; Public Initiative Process. ......... SR 115

Power of People to Propose or Reject Laws; Public Initiative Process.

SR 236

Public Initiative Petition Process to Enact or Reject Laws. ................... SR 66

Revenue Code; incorporate provisions of current federal tax laws. ........... HB 1125

COFFEE COUNTY

Designate; Buford C. Gilliard Bridge; over Hog Creek; Nicholls. ............. HR 819

Property Conveyance; proposed prison; allow sale to private entity

SR 457

COKER, HONORABLE LYNDA; commend

SR 720

COLLEGE PARK, CITY OF; mayor and councilmembers; salaries.

HB 1514

COLLEGES AND UNIVERSITIES (Also See Education or University System)

Buildings, Dormitories; pesticides, fumigants; notice requirements. ......... HB 1317

Educators Technology Training; committee to study. ........................ SR 554

Educators Technology Training; state commission to develop.

SR 555

Freaknik College Student Event; create advisory commission to study.

SR 322

Georgia Military College; trustees; trusts; property; scholarships. ............ SB 549

Georgia Student Finance Authority; additional powers and employees. ....... SB 641

Grants, Scholarships; persons with disabilities; use lottery funds.

SB 158

HOPE Scholarship; qualifying students; public assistance recipients.

SB 432

Law School Students, Instructors; legal assistance to courts. ................ HB 514

Medical School Loans; facilities where services rendered repay loans.

SB 262

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2334

JOURNAL OF THE SENATE

COLLEGES AND UNIVERSITIES (Continued)

Nonpublic Postsecondary; tuition equalization grant funds; criteria. .......... SB 100

North Georgia College ROTC Program; nonresident student tuition. ........ HB 1156

North Georgia College; supporting military program, Corps of Cadets. ...... HR 1074

Savannah State College School of Business; Center for Trade and Technology

Transfer; advisory board. .............................................. SB 672

Technical and Adult Education; sale of student live work projects.

HB 1590

Tuition Equalization Grants; redefine approved schools. .................... SB 362

University System; optional retirement plan; contribution rate. .............. HB 173

University System; regents retirement plan; mutual fund investments. ....... HB 172

COLQUITT COUNTY Ad Valorem; school taxes; homestead exemption; certain income ............ HB 1836 Restoration of Historic Jail; commend ..................................... SR 626 Superior Court Judges; increase county supplement. ...................... HB 1762

COLUMBIA COUNTY Designate; Robert W. Pollard, Sr. Bridge on State Highway 104. ........... HR 1041 Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325

COMFORT CARE MINISTRIES, INC. AND BARRY KEATON; commend SR 501

COMMEMORATIVE RESOLUTIONS

Designate; Aden Massey Highway; Hwy 280 through City of Hagan. ......... SR 570

Designate; Brigadier General John R. Hullender Highway. .................. SR 385

Designate; Buford C. Gilliard Bridge east of Nicholls. ....................... SR 595

Designate; Buford C. Gilliard Bridge; east of Nicholls. ...................... HR 819

Designate; Charles A. Pannell, Sr. Highway; portion Highway 225. .......... SR 507

Designate; Charles W. Yeargin Building; urge designation of. ............... SR 270

Designate; Daniel Warnell Lee Memorial Bridge; Bacon County. ............ HR 1073

Designate; Downing E. Musgrove Causeway; Jekyll River; Glynn County.

HR 982

Designate; E. Clyde Kelly Memorial Bridge; O. H. Banks Memorial Bridge;

Jasper County........................................................ HR 1040

Designate; General William A. Holland Parkway; Whitfield County. ......... HR 901

Designate; Gregory Bridge; west of Eatonton; Putnam County. ............. HR 1004

Designate; Hamilton E. Holmes Drive; Fulton County. ..................... HR 1005

Designate; J. Max Cheney Memorial Bridge; new bridge on Ga Hwy 147. . HR 804

Designate; Jimmy Lee Smith Parkway; City of Hiram, Paulding County. . . . . HR 1016

Designate; John E. Quillian Highway; portion Hwy 52 Hall County. ......... HR 883

Designate; John Frank McConnell Crime Laboratory, Chattooga County and

Elbert L. Jackson Memorial Bridge, Monroe County. .................... HR 1039

Designate; John H. Owen Intersection in Dahlonega.

HR 825

Designate; Judge Thomas Jefferson Loftiss II Regional Youth Detention Center;

Thomasville. .......................................................... HR 792

Designate; Kirby Park, Sr. Memorial Bridge; Murray County.

HR 969

Designate; Lewis C. Adams, Jr. Bridge; Carl S. Peaster Highway; Lt. Col. Lee

Lenderman Memorial Highway; J.W. Champ Harrelson Memorial Bridge. HR 1109

Designate; Mike Padgett Highway in Augusta. ............................. HR 189

Designate; Morrison Moore Connector; Dahlonega. ......................... HR 817

Designate; official state pie; Mattie's Bistro and Bakery Pecan Pie.

HR 1137

Designate; Paul E. Nessmith Parkway; Bulloch County. .................... HR 332

Designate; Purple Heart Highway; portion 1-20 within Rockdale County.

SR 123

Designate; Purple Heart Highway; portion of Interstate 20. ................. SR 384

Designate; Robert W. Pollard, Sr. Bridge; Columbia County. ............... HR 1041

Designate; Rosa M. Tarbutton Memorial Library in Sandersville.

HR 161

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INDEX

2335

COMMEMORATIVE RESOLUTIONS (Continued) Designate; Southern Highroads Scenic Highway; Counties of Rabun, Gilmer and Murray. .............................................................. HR 805 Designate; Southern Highroads Scenic Highway route; Counties of Rabun, Gilmer and Murray. ................................................... SR 484 Designate; T.C. Hallman Memorial Bridge; Putnam County. ............... HR 1003 Designate; Veterans Parkway; certain portion Interstate 85 North. ........... SR 85 Designate; Wade R. Milam, Jr., Bridge; West Point Lake; Troup County. ... HR 304 Designate; William Crittenden Building at Central State Hospital. .......... HR 988 Designate; W.W. 'Bill' Fincher, Jr. Highway on Highway 225. ............... SR 506 Dougherty County; confirm, perpetuate naming portions of State Highways in honor of Thomas Jefferson. ............................................. HR 852

COMMERCE AND TRADE (Also See Professions and Businesses)

Aerospace, Global Telecommunication Marketing; economic study of. ......... SR 487

Agency Relationships; financial power of attorney; statutory form. ........... SB 145

Agency Relationships; power of attorney documents; execution; filing. ........ SB 144

Agricultural Product Promotion; allow fees upon affected producers. ......... HR 367

Agriculture Business Incentives; investment tax credits; study of. ........... SR 694

Alcoholic Beverage Sales on Sundays; local authorization procedures. ........ SB 585

Alcoholic Beverages; distilled spirits, wine; prohibited pricing.

HB 1625

Alcoholic Beverages; retail distilled spirits dealers; residence. ............... SB 577

Alcoholic Beverages; sales in residential community developments. ......... HB 1222

Alcoholic Beverages; wholesale, retail licensees; residency. .................. SB 422

Auctioneer Businesses; licensure; revocation grounds; ID cards. ............. HB 779

Automotive Repair Facilities Study Committee; creating. ................... SR 273

Bad Checks; damages, costs; increase service charge to $25. ................. SB 661

Banks; governance of interstate merger transactions and branching.

SB 492

Banks, Trust Companies, Mortgage Businesses; amend regulations.

SB 721

Beauty Pageants; contests in which prizes are offered; bonds.

SB 232

Body Piercing of a Minor Without Parent Consent Prohibited; penalty. ....... SB 508

Branch-Banking; establishment at any location within state. ................ SB 312

Branch-Banking Expansion; revise governing provisions. .................... SB 165

Business Corporations; revise provisions; mergers, stock exchanges.

HB 1425

Business Entities; prohibited gifts to General Assembly members. ........... SB 570

Business License Fee; restaurants, convenience store; litter control. .......... SB 503

Business License Fees; certain cities; litter control and abatement. .......... SB 617

Businesses Damaged by Chattahoochee River Pollution; funds to assist.

SR 386

Businesses Selling Heavy-duty Equipment Motor Vehicles; ad valorem.

HB 1530

Candy, Toys or Items Resembling Drug Paraphernalia; prohibit sales

SB 509

Charitable Solicitation Campaigns; requirements of paid solicitors. ......... HB 1266

Code Revision; Title 10; correct errors and omissions. ...................... HB 1195

Coin-operated Amusement Games or Devices; winning players; rewards.

HB 1151

Commercial Driveway Permits and Automobile Carrier Configurations. . . . . . HB 1243

Commercial or Industrial Facilities; land auctions; environmental site

assessment. ............................................................ SB 96

Commercial Vehicles Making Deliveries on Streets; flashing lights. .......... SB 217

Confidential Information Reported for Environmental Compliance.

SB 244

Consumer Choice in Electricity Act; provide competitive price levels.

SB 486

Consumer Transactions; deceptive practices; promotion schemes; consumer

reporting agencies. ................................................... HB 1632

Contractual Agreements; dispute resolution; arbitration; mediation........... SB 168

Copyrighted Musical Works; contracts between owners and proprietors. ...... SB 426

Credit Transactions; vendors' single interest insurance; rates. .............. HB 1398

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2336

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Dealers, Employers; liability for taxes; returns, filing, notices. .............. HB 1586

Drug-free Commercial Zones Where High Crime Rate Occurs; designate. . HB 1654

Drug-free Workplace Policy; violation; unemployment benefits denied. ....... HB 1270

Drug Wholesalers, Distributors, Researchers, Pharmacies; licensing, registration

requirements; prohibited acts. .......................................... SB 495

Dry Cleaners; use of contaminating solvents; corrective actions. .............. SB 56

Economic Development; rural communities; transportation needs study. ...... SB 591

Electricity; business competition; deregulate; committee to study. ............ SR 439

Electronic Commerce; Contracts; Claims, Verifying Messages, Digital

Signatures; committee to study. ........................................ SR 621

Electronic Messages; computer communications; fraudulent acts. ............ SB 736

Firearms Dealers; requirements; purchaser background records check. ....... SB 106

Fireworks Used for Public Exhibitions; storage; licenses; permits. ........... HB 1014

Insurers Using Genetic Information to Deny Coverage Prohibited. ........... SB 233

Intercepting Private Communication or Messages; interference with business

relations. .............................................................. SB 74

Legal Services; cause of action for false advertising; damages. ............... SB 249

Limited Liability Partnerships; name; amended certificates; mergers. ....... HB 1627

Manufacturer of Specialized Truck Chassis Designs; unique ID number. . .. .. SB 767

Manufacturers, Distributors of Personal ID Cards; rules, regulations. ........ SB 253

Manufacturing Enterprises; utilization of inmate labor; use of wages. ........ SB 431

Minority Business Participation in State Contracts. ......................... SB 73

Motor Carriers; certificates of public convenience; permits. ................. HB 1152

Motor Vehicle Emission Inspection Stations; requirements. ................. HB 1290

Motor Vehicle Repair Shops; customer rights; cost estimate, charges.

SB 440

Motor Vehicle Sales; delinquency charges; prohibited actions by

franchisors against dealers. ........................................... HB 1728

Motor Vehicle Sales Finance Act; delinquency charge limitations. ............ SB 574

Natural Gas Service in a Deregulated Market; committee to study. .......... SR 518

Outdoor Advertising Depicting Obscene Material, Nudity; restrictions.

SB 586

Outdoor Advertising; directional signs; adjacent road rights of way. .......... SB 319

Outdoor Advertising; highway tree trimming permits; fees. ................. SB 321

Outdoor Advertising; multiple message signs; permit conditions. ............ HB 1689

Outdoor Advertising Signs; tree or vegetation cutting prohibited. ............ SB 169

Pharmaceutical Drug Manufacturers, Sellers; government purchasing. ....... SB 300

Printing; duplication of works of fine art stored electronically. ............... HB 873

Private Companies; contracts for public services; competitive system. ........ SB 407

Professional, Business Licensing Authorities; disciplinary actions. .......... HB 1493

Professional Employer Organization Services; license to sell. ................ HB 555

Property Assessment for Government Services; special tax districts. ......... SR 497

Rental Property; charging excessive housing rental rates prohibited.

SB 522

Restaurants; placement of information on interstate highway signs.

SB 769

Retail Businesses; payment of royalties for using copyrighted music.

SB 426

Retail Installment, Home Solicitation Sales; when seller not liable. ......... HB 1647

Retail Motor Fuel Outlets; signs indicating no rest room facilities. ........... SB 360

Retail, Wholesale Seed and Plant Dealers; amend Georgia Seed Law. ........ SB 583

Sale of Recycled Antifreeze to Service Vehicles; labeling; notices. ........... HB 1442

Selling or Offering for Sale Counterfeit Goods, Services; penalties. ........... SB 498

Small Employer Health Insurance; promote portability, accessibility.

SB 561

Small Employers; health insurance benefit plans; carriers, marketing. ....... SB 220

Solicitors, Paid; charitable campaigns; accounting requirements.

HB 1266

Solicitors; unauthorized use of fire department nomenclature.

HB 1484

Solicitors; unauthorized use of police nomenclature or emblems. ............. HB 713

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INDEX

2337

COMMERCE AND TRADE (Continued)

Solicitors; unauthorized use of Sheriff Office's Nomenclature. ............... HB 1649

Special Events; allow State Patrol personnel to provide security. ............ SB 623

Telephone Companies; monthly service rates for touch-tone phones.

SB 36

Telephone Solicitation Sales; urging regulation of. .......................... SR 298

Trade Secrets; offense of theft; definitions; penalties; prosecution.

SB 418

Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

Trademarks, Service Marks, Copyrighted or Registered Designs Including

Amateur Sports Symbols; forgery or counterfeiting; penalties. ............. SB 498

Uniform Commercial Code; instruments; comprehensive revisions. .......... HB 1388

Used Car Buyer's Protection; consumer disclosure rights; warranty. .......... SB 600

Used Car Dealers; advertising license number; local vehicles displayed at

unlicensed facilities. .................................................. HB 1272

Used Car Dealers; sales or leases; disclose to purchaser other liens.

SB 153

Utilities, Gas and Electricity Services; study price deregulation. ............. SR 387

Vehicle Emission Inspection Stations; centralized testing prohibited.

SB 251

Vending Machines; sales tax collection; reporting of sales. ................. HB 1229

Vendors; collateral; credit transaction insurers, licensing. ................... SB 185

Warehousemen; storage of agricultural products; electronic receipts. ........ HB 1405

World Congress Center Authority; enforcement powers; facility usage. ...... HB 1475

World Congress Center Authority; powers; facilities usage.

SB 632

COMMISSION ON THE APPELLATE COURTS OF GEORGIA; creation. HR 1091

COMMISSIONS, BOARDS

Advisory Board to the Center for Trade and Technology Transfer at the School

of Business of Savannah State College; creation. ......................... SB 672

Asbestos Licensing Board; repeal; transfer duties to Environmental Protection

Division. ............................................................ HB 1636

Auctioneers Commission; consumer advocate member; inspection powers.

HB 779

Blue Ribbon Commission on the General Assembly; create.

HR 1032

Board of Community Affairs; regional development centers; ratify changes to

territorial boundaries; designating 13 RDCs. ............................. HR 323

Board of Corrections and Department; contracts for prison services.

SB 675

Board of Public Health; create new state Department and Board

HB 528

Board of Public Safety; successor to Peace Officer Standards and Training

Council. .............................................................. SB 484

Children's Trust Fund Commission; staff support for State-wide Child Abuse

Prevention Panel. ..................................................... SB 493

Commission on Privatization; surplus property sale recommendations.

SR 457

Commission on Promoting Aerospace Development, Commercial Space Activities

and Telecommunications Technology; create. ............................. SR 487

Commission on the Appellate Courts of Georgia; creation. .................. HR 1091

Council for Civic Renewal; establish; intergovernmental relations.

SB 366

Council on Rural Transportation and Economic Development; creation.

SB 591

Credit Card Payments; acceptance of; authorize but not required.

HB 1591

Educators Technology Training Commission; creation. ...................... SR 555

Family Violence Commission; add members; terms; extend to 2002. .......... SB 610

Family Violence Commission; additional members; terms. ................... SB 608

Freaknik Student Event; create advisory commission to study problems. ... SR 322

Georgia Council for Welfare Administration; creation. .................... HB 1328

Georgia Future Communities Commission; extend to 1997. .................. HR 987

Georgia Housing and Finance Authority; contracts with Department of

Community Affairs; transfer of personnel. .............................. HB 1419

Georgia Real Estate Appraisers Board; powers; investigations.

SB 465

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2338

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued)

Georgia Transportation Oversight Committee of General Assembly. .......... SB 572

Health Benefit Plan Committee; review small employer insurance. ........... SB 220

Indian Affairs Commission; create. ........................................ SB 266

James Edward Oglethorpe Tercentenary Commission; creation.

SR 101

James Edward Oglethorpe Tercentenary Commission; establish.

HR 1045

Joint Block Grant Study Commission; create.

SR 495

Joint Study Commission on Economic Development and Revitalization in South

Fulton County. ........................................................ SR 101

Meetings by Telephone Conference Calls, Closed Circuit TV; notices. ........ HB 1366

Membership; effect of congressional and legislative redistricting.

HB 1336

Nonpublic Postsecondary Education Commission; powers; tuition grants.

SB 100

Olympic Landlord-Tenant Oversight Commission; creation

SR 394

Pardons and Paroles Board; authorize operate supervision services.

SB 693

Pardons and Paroles Board; public documents; actions and findings.

SB 139

Pardons and Paroles Board; voting records; public inspection.

SB 59

Professional Practices Commission; hearings involving educators.

SB 294

Professional Practices Commission; members; expense reimbursement.

SB 291

Professional Standards Commission; investigate certification fraud.

SB 296

Public Employees Labor Relations Commission; establishment of.

SB 275

Public Service Commission; election of members from five districts. ......... HB 1372

Public Service Commission; establish separate Public Advocacy Staff

SB 713

Public Service Commission; powers; regulate motor contract carriers.

HB 1152

Seed Arbitration Council; duties; powers; amend Georgia Seed Law.

SB 583

Sports Hall of Fame Authority; powers; promotional expenditures.

HB 1838

State Board of Cosmetology; create Electrolysis Advisory Council.

SB 85

State Board of Education; election by General Assembly.

.............. SR 24

State Board of Education; members; election by General Assembly

SR 465

State Board of Education; per diem allowance, transportation costs. ......... SB 483

State Board of Education; remove certain personnel authority.

SB 552

State Board of Education; remove supervisory and personnel authority.

SB 536

State Board of Education; repeal revisions creating the.

SR 379

State Board of Pardons and Paroles; abolish; amend Constitution.

SR 456

State Board of Pharmacy; powers; infractions; sanctions; records.

HB 611

State Board of Pharmacy; powers; licensing, registrants, sanctions. .......... SB 495

State Board of Registration for Professional Engineers and Land Surveyors;

legal assistance. ....................................................... SB 739

State Funds; prohibit expenditures; certain activities or behavior. ........... HB 694

State Games Commission; powers; nonprofit subsidiary corporations.

SB 737

State Housing Trust Fund for the Homeless Commission; membership.

HB 1419

State Museum Authority; create; provide corporate purpose.

HB 1169

State; proposed rule adoption; prohibit during certain time period.

SB 451

Stone Mountain Memorial Park; adhere master plan for a natural area.

SB 27

Technology Related Assistance Trust Fund for Individuals With Disabilities

Commission; establish. ................................................ SB 510

Technology Related Assistance Trust Fund for Individuals with Disabilities;

establish. ........................................................ SB 295

Vendors of State Government; disclosure of gifts to public employees.

SB 19

COMMITTEES; Senate Standing; membership changes .............. Pages 2, 71, 258

COMMITTEES, STUDY (Also See Commissions, Boards)

Aerospace Development, Commercial Space Activities and Telecommunication

Technology; joint commission to study ...................

SR 487

Alternative Financing for Education Joint Study Committee.

SR 613

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INDEX

2339

COMMITTEES, STUDY (Continued)

Automotive Repair Facilities Study Committee. ............................ SR 273

Awards Committee; Suggestions for Improved State Operation. ............. HB 1803

Block Grants Federal Funds Study Committee. ............................ SR 411

Blue Ribbon Commission on the General Assembly. ....................... HR 1032

Blue Ribbon Study Committee on Funding Quality Basic Education Act. . . . . . HR 769

Business Incentives for Agriculture Study Committee. ...................... SR 694

Certificate of Need Study Committee. ..................................... SR 639

Competitive Natural Gas Service Study Committee. ........................ SR 518

Consumer Choice in Utilities Study Committee. ............................ SR 387

Economic Development and Revitalization in South Fulton County Study

Commission. .......................................................... SR 427

Educators Technology Training Study Committee. .......................... SR 554

Efficient Use of State Buildings and Vehicles Study Committee. ............. SR 268

Employment Security Law Study Committee. ............................. HR 1110

Fire Ant Study Committee. .............................................. SR 602

Fire Ant Study Committee. .....................................

... SR 293

Firemen's Pension Fund Study Committee. ................................ SR 727

Gainesville-Hall County Task Force on Governmental Unification.

SR 578

Georgia Child Abuse Study Committee. ................................... SR 164

Georgia Transportation Oversight Committee of General Assembly. .......... SB 572

Guardianship Statutes; Joint Guardianship Rewrite Committee.

SR 399

Historic County Courthouses; authorize DNR study to identify needs. ........ SR 618

Indian Affairs Study Committee. ......................................... SR 309

James Edward Oglethorpe Tercentenary Commission. ..................... HR 1045

Joint Block Grant Study Commission.

SR 495

Joint Coastal Zone Management Study Committee. ......................... SR 540

Joint Committee, Study DeKalb County Form of Government; re-create. . . . . HR 1096

Joint Deregulation of Electricity Study Committee. ......................... SR 439

Joint Digital Signatures Study Committee. ................................ SR 621

Joint Elder Abuse Study Committee. ...................................... SR 121

Joint Guardianship Study Committee. ..................................... SR 77

Joint Public Safety Radar Enforcement Regulatory Study Committee.

SR 294

Joint Study Committee on Georgia Agricultural Education. ................. SR 163

Joint Study Committee on Georgia Firemen's Pension Fund. ................ SR 572

Joint Study Committee on Hospital Re-structuring. ........................ SR 556

Joint Study Committee on Pilot Projects in Cobb Judicial Circuit. ........... HR 260

Joint Study Committee on Pilot Projects in Douglas Judicial Circuit. ......... SR 274

Joint Study Committee on Pilot Projects in Gwinnett Judicial Circuit.

HR 384

Joint Study Committee on Teenage Pregnancy Prevention.

. SR 515

Joint Study Committee on the Georgia Firemen's Pension Fund ............. HR 995

Joint Study Committee on Use of "911" Ambulances. ........................ SR 57

Joint Subsequent Injury Trust Fund Study Committee. ..................... SR 247

Metropolitan Atlanta Water and Sewer Services and Private Water Systems

Study Committee. ..................................................... SR 620

Olympic Landlord-Tenant Oversight Commission. .......................... SR 394

Pickens County Property Tax Structure Study Committee.

HR 1020

Poultry Feed and Transportation Study Committee ............... ......... SR 478

Recycling and Economic Development Study Committee. .................... SR 432

Rural Hospital and Health Care Financing Study Committee. ............... SR 320

Select Oversight Legislative Committee on Medicaid. ....................... SR 535

State Foster Care and Adoption Study Committee. ......................... SR 590

Stewart County Governmental Consolidation Study Committee. ............ HR 1233

Study Committee on Civil Justice Reform.

.......................... SR 446

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2340

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued) Study Committee on Early Retirement for State Employees ................. SR 438 Study Committee on Front License Plates. ................................ SR 615 Study Committee on Hospital Re-structuring. .............................. SR 557 Study Committee on More Effective DOAS Purchasing. ..................... SR 499 Veterans Affairs Overview Committee of General Assembly. ................. SB 747 Young Drivers Study Committee. ......................................... SR 580

COMMUNITY AFFAIRS DEPARTMENT

Commissioner; Rural Transportation and Economic Development Council. . SB 591

Duties; agency for recycling and waste reduction education efforts.

HB 148

Duties; public housing programs; transfer certain personnel from Georgia

Housing and Finance Authority.

HB 1419

Historical Townships; change date established for designation.

SB 531

Municipal Corporations Which Ceased to Exist; granting new charter.

SB 569

Regional Development Centers; contracts; exception to prohibitions.

HB 1497

Regional Development Centers; ratify changes in boundaries; Heart of Georgia

RDC; transfer Newton County to Northeast Georgia RDC. ................ HR 826

Regional Development Centers; ratify changes in territorial boundaries; transfer

of Newton County to Northeast Georgia RDC. ........................... HR 823

Regional Development Centers; regional boundaries; ratify transfer of Bulloch

County to Coastal Regional RDC. ....................................... HR 878

Regional Development Centers; territorial boundaries; ratify changes. ........ HR 323

COMMUNITY IMPROVEMENT DISTRICTS

Creation; special tax districts; project cost incurred; assessments. ............ SB 682

Creation; specific requirements; effective upon adoption of SR 497.

HB 1222

Nonresidential Property; special tax districts; amend Constitution. .......... SR 497

COMPENSATION RESOLUTIONS

Claims Against the State; Edwin C. Chastain. ............................. HR 447

Claims Against the State; Emmitt T. Lowery, Jr. ......................... HR 1006

Claims Against the State; Gerry A. Mikesell. .............................. HR 886

Claims Against the State; Margaret C. Ritchie. ....... HR 884

Claims Against the State; Nathaniel Blakney; Robert Daniel Hughes.

HR 1017

Claims Against the State; Pamela Kay Smith. ............................. HR 992

Claims Against the State; Robert Daniel Hughes. .......................... HR 902

Claims Against the State; Sharon I. Nobles. ............................... HR 887

Claims Against the State; Sylvia A. Cone. ................................. HR 876

Claims Against the State; Terry Wanzer. .............................

HR 973

COMPETITIVE NATURAL GAS SERVICE STUDY COMMITTEE

SR 518

COMPULSORY SCHOOL ATTENDANCE; Minimum Age; earlier enrollment at age six. ................................................................ SB 190

COMPUTERS (See Electronic Technology, Transmissions)

CONASAUGA JUDICIAL CIRCUIT; Superior Court; fourth judgeship; Murray and Whitfield Counties. .................................................. SB 221

CONDOMINIUMS; Speculative Homes; handicap access; bathroom doors. . HB 1076

CONE, SYLVIA A.; claims against the state; compensate. .................... HR 876

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS (Also see Federal Government) Claiming State Sovereignty Under 10th Amendment, U.S. Constitution. ...... SR 308 Congressional Redistricting; effect on membership of boards, bodies. ........ HB 1336

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INDEX

2341

CONGRESS (Continued)

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Mandates; National Voter Registration Act financial burden. ........ SR 130

Federal Mandates; unfunded liabilities; request meeting with Georgia

Delegation. ............................................................ SR 71

Federal Regulatory Mandates Upon State Resources; state policy.

SB 405

Federal Unemployment Taxes; urge state control. .......................... HR 981

Georgia Representatives to Senate, House; term limitations. ................. SR 39

Georgia Representatives to Senate, House; term limitations. ................ SR 161

National Voter Registration Act; repeal provisions enacted by state. ......... SB 252

Ratifying Amendment to U.S. Constitution Requiring a Balanced Budget.

SR 272

Urge cease funding military activities of U.N. Security Council not authorized

by Congress. .......................................................... SR 255

Urge Continued Support for Reduced-priced School Lunch Programs. ........ SR 179

Urge Enact Legislation to Provide Medical Savings Accounts Incentive. ...... SR 288

Urge Fund Intermodal Surface Transportation Efficiency Act, ISTEA. ........ SR 281

Urge Increase Gross Estate Exemption from Federal Estate Taxes. .......... HR 290

Urge Not Transfer U.S. Military Forces to United Nations Command. ........ SR 455

Urge Reject Proposal to Sell Elberton Hydroelectric Dam Facilities. .......... SR 433

Urge U.S. Support Taiwan's Admission to United Nations Membership. ...... SR 410

Urge Use Military Resources to Declare War on Illegal Drugs.

HR 259

Urging Rapid Review, Approval of New Pharmaceutical Drugs, Biologies and

Medical Devices. ...................................................... SR 567

CONKLE, HEATHER SUZANNE; University System Scholar; commend ... SR 665

CONNELL, MISS WESSIE; former librarian; honoring ...................... SR 508

CONSERVATION (See Natural Resources or Environmental Protection)

CONSPIRACY TO COMMIT A CRIME, OFFENSE OF; conviction procedure. ............................................................. HB 1560

CONSPIRACY TO COMMIT ILLEGAL ACTS RELATING EXPLOSIVE MATERIAL; penalty. ................................................... SB 636

CONSTITUTIONAL AMENDMENTS

Ad Valorem Property Taxes; limitation on powers of state to levy.

SR 389

Agricultural Processing Industries; fees for promotion of products. ........... HR 367

Appropriations Act Previously Enacted; prohibit General Assembly amendments

increasing expenditures. ................................................ SR 26

Appropriations, General; prohibit supplemental acts increasing expenditures. SR 251

Appropriations; Governor's authority to reduce; overriding reduction.

SR 175

Appropriations; state budget; 50 percent for education. ...................... SR 46

Appropriations; state expenditures; limitations, reserves, emergencies, local

mandates. ............................................................ SR 176

Child Abuse Treatment, Prevention; additional penalties to fund; criminal,

traffic cases. .......................................................... SR 162

Community Improvement Districts for Nonresidential Properties; creation;

provide for governmental services assessments. .......................... SR 497

Disabled Persons; create Technology Related Assistance Trust Fund.......... SR 166

Elections; term limitations; Congress, state officers; extend State Senators

terms. ................................................................ SR 161

Elections; term limitations; General Assembly and other officers.

SR 2

Elections; term limitations; General Assembly and other officers.

SR 30

Elections; term limitations; General Assembly; four terms. ................... SR 39

Elections; term limitations; General Assembly; six 2-year terms. .............. SR 36

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2342

JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS (Continued)

Elections; term limitations; General Assembly; 4-term limit. ................. SR 35

Elections; term limitations; local officers, boards of education. ................ SR 3

Emergency Management, Preparedness and Assistance Trust Fund; authorize

surcharge on property insurance to fund. ................................ HR 854

Enterprise Zones Creating Employment in Underdeveloped Areas; tax

exemptions, credits, reductions. .......................................... SR 64

Enterprise Zones Creating Jobs for the Unemployed; creation of. ............. SR 63

Environmental Trust Fund; establish for reparation of damages. ............ SR 504

Establish Fund to Assist Entities Damaged by Pollution of Chattahoochee

River. ................................................................ SR 386

General Assembly; general bills authorizing taxes, fees, assessments; approval

by 2/3 of members. ..................................................... SR 61

General Assembly; general bills imposing taxes, fees, assessments; approval by

2/3 of members. ........................................................ SR 78

General Assembly; members of Senate; four-year term of office

SR 425

General Assembly; unexpired terms; vacancies prior final six months;

appointment by Governor. ............................................. SR 287

Intangible Personal Property Taxation; repeal by general law. ............... HR 734

Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228

Local Government Contracts or Leases; debt limitations. ..................... SR 28

Local 1% Sales Tax; Educational Capital Outlay Purposes; authorize.

HR 728

Parental Rights to Direct Upbringing and Education of Their Children Shall

Not be Infringed. ...................................................... SR 167

Public Initiative Petition and Referendum Process. .......................... SR 60

Public Initiative Petition Process; procedures. ............................... SR 4

Public Initiative Petition Process; procedures. .............................. SR 236

Public Initiative Petition Process to Enact or Reject Laws. ................... SR 66

Public Initiative Petition Process to Enact or Reject Statutes. ............... SR 115

Public Initiative Process; procedures; restrictions. ........................... SR 23

Recycling and Solid Waste Reduction Fund to Develop State Infrastructure;

provide for. ........................................................... SR 428

Schools Achieving Below Minimum Standards; state takeover management. . SR 25

Senate; election of members; reduce minimum age for election. .............. SR 531

Special Purpose County Sales Tax; proceeds sharing; county, municipal,

educational projects. .................................................... SR 20

Special Purpose County Sales Tax; proceeds sharing; county, municipal, local

school purposes........................................................ SR 180

Special Purpose County Sales Tax; proceeds; use for education .............. SR 125

State Board of Education; election by General Assembly; State School

Superintendent appointed by board. ..................................... SR 24

State Board of Education; members; election by General Assembly. .......... SR 465

State Board of Education; repeal provisions creating the. ...

SR 379

State Board of Pardons and Paroles; abolish. .............................. SR 456

State Board of Pardons and Paroles; state-wide elections. .................... SR 34

State Commission on Judicial Compensation; creation. ...................... SR 97

State Debt; funding activities to remove hazardous wastes. ................. SR 128

State Debt; limitations; life of item financed or 20 years. .................... SR 168

State Land Trust; creation to purchase lands for preservation, river protection

and increase area for state parks....................................... HR 1129

Statewide Referendum; allow in lieu tax payments by state for local services

supplied to state-owned properties. ..................................... SB 487

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2343

CONSTITUTIONAL AMENDMENTS (Continued) Taxes and Fees on Income and Expenditures; limit powers to levy combined rate greater than 10%. ................................................. SR 390 Technology Related Assistance Trust Fund for Individuals with Disabilities; authorize. ............................................................ SR 391

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION (Also see Contractors or Contracts)

Heavy-duty Equipment Motor Vehicles; ad valorem classification. ........... HB 1530

Housing Affordability Impact Note Act; general assembly requirements. ....... SB 97

Plumbers and Journeyman Plumbers; change term; scope of practice. ........ SB 553

Private Speculative Homes; handicap access; bathroom door design. ........ HB 1076

Residential Buildings; water, sewer line inspections; fire codes. ............. HB 1221

Roofing Contractors; powers of Construction Industry Licensing Board.

SB 342

Youthbuild Program; apprenticeship programs in construction trades. ........ SB 315

CONSUMER CHOICE IN ELECTRICITY ACT.

SB 486

CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices)

Automotive Repair Facilities Study Committee; creating. ................... SR 273

Consumer Choice in Electricity Act; retail or self-service wheeling. .......... SB 486

Deceptive Practices; promotion schemes; consumer reporting agencies.

HB 1632

Electricity; business competition; deregulate; committee to study.

SR 439

Fraudulent Practices; electronically transmitting misleading data. .......... HB 1630

Insurers; notice to policyholders; termination, rate increase. ................. SB 766

Motor Vehicle Repair Shops; customer rights; cost estimate, charges. ........ SB 440

Retail Motor Fuel Outlets; signs indicating no rest room facilities. ........... SB 360

Telephone Solicitation Sales; urging regulation of. .......................... SR 298

Used Car Buyer's Protection; consumer disclosure rights; warranty. .......... SB 600

Utilities, Gas, Electricity Services; competitive pricing study. ................ SR 387

CONTRACTORS

Building Construction Codes; plumbing inspections; fire codes. ............. HB 1221

Roofing Contractors; powers of Construction Industry Licensing Board.

SB 342

CONTRACTS

Bad Checks; damages, costs; increase service charge to $25. ................. SB 661

Cemetery Owners; failure to maintain property or burial merchandise. ....... SB 359

Consumer Promotion Schemes; prohibitions; disclosures. ................... HB 1632

Counties, Municipalities; multiyear leases or purchases. .................... SB 567

Electronic Data Processing Systems for Property Tax Assessment.

HB 1683

Electronic Offers and Acceptances; legal framework; authenticating digital

signatures; committee to study. ......................................... SR 621

Freedom of Contract; agreements for alternative dispute resolution. ......... SB 168

Illegal; selling information about criminal trials; jury tampering.

SB 191

Local Government Debt Limitations; amend Constitution. .................... SR 28

Pardons and Paroles Board; contracts for supervision services. .............. SB 693

Prison Management and Services Pertaining to Inmates; contracts for. ....... SB 675

Public; prohibit discrimination or granting preferential treatment.

SB 82

Retail Businesses; payment of royalties for using copyrighted music.

SB 426

Retail Installment, Home Solicitation Sales; unintentional errors. .......... HB 1647

School Systems; multiyear contracting powers; limitations. .................. SB 428

State Agencies; procedures; Purchasing Reform Act of 1996. ................. SB 550

State; minority participation; bid opportunities; assistance. .................. SB 73

State Purchasing Decisions; DOAS procedures; committee to study. .......... SR 499

Transportation Department; powers; negotiated contracts; amount.

HB 1508

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2344

JOURNAL OF THE SENATE

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes)

Butorphanol; add to Schedule IV Controlled Substances Listing. ............ HB 1555

Clinic Pharmacies; dispensing methadone drug treatment program. ......... HB 1496

Criminal Investigations; documentary evidence; subpoenas. ................. HB 338

Dangerous Drugs; violations; transaction records; container labels. .......... SB 565

Distributors, Researchers, Pharmacists; regulation; registration.

HB 611

Drug Distributors, Researchers; registration; prohibited acts.

SB 495

Drug-free Commercial Zone; designation; arrested persons sentencing. ...... HB 1654

Drug-free Workplace Programs; test cost for temporary employees. .......... SB 490

Drug Related Crimes; use of certain weapons; enhanced penalties.

HB 308

Felony Offense of Providing Drugs to Juveniles in Custody of DCYS.

HB 1197

Felony Violations; pretrial procedures; trial upon accusations.

SB 494

Motor Contract Carrier Drivers Prohibited Use Drugs While on Duty. ...... HB 1152

Objects Packaged Like Drug Paraphernalia; prohibit sale to minors. ......... SB 509

Offenses Bailable Only Before Superior Court; change provisions. ........... HB 1479

Person Convicted Drug Offenses; license to carry firearm prohibited.

SB 624

Unlawful Purchase, Possession; penalties; repeat offenders; lists. ........... HB 1555

Violations; dangerous drugs; change listing and certain penalties. ........... HB 342

CONVENIENCE STORES Litter Abatement; increase business license fees. ........................... SB 503 Litter Control Abatement; certain cities; expend certain revenue. ............ SB 617

COOK COUNTY; Magistrate Court; chief magistrate; appointment; term. HB 1601

COPYRIGHTED WORKS

Fine Art; electronic images; duplications; customer responsibility.

HB 873

Music Royalties; contracts between owners, retail proprietors. ............... SB 426

CORDELE, CITY OF; Cordele-Crisp County Fish Fry and Officials; commend SR 592

CORDELE-CRISP COUNTY FISH FRY OFFICIALS; introduced

Page 827

CORONERS (See Medical Examiners or Public Officers, Employees)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

Business Corporations; revise provisions relative actions by shareholders,

mergers or stock exchanges; Amendment of Articles. .................... HB 1425

Business Development Corporations; member loans; rate of interest.

HB 1078

Corporations; nonprofit; two or more volunteer fire departments. ............ SB 416

Corporations; taxable income; business activity apportionment.

HB 1501

Employee Job Performance; disclosure of information by employer.

HB 1492

Family Farm Limited Partnerships; ad valorem tax assessment. ............. SB 656

Family Owned Farm Entities; conservation use covenants; ad valorem ...... HB 1458

Family Owned Partnerships, Corporations; ad valorem tax assessment. ...... SB 598

Financial Institutions; state, local taxation; change provisions.

HB 1638

Georgia Family Trust and Charitable Trust for Disabled Persons.

SB 559

Health Care Corporations; authorize provider sponsored entities.

SB 720

Housing Authorities; powers; subsidiary nonprofit corporations.

HB 1355

Intangible Personal Property Tax; repealed. ...........................

HB 6

Intangible Taxes; personal property, short-term notes; repeal. .............. HB 1101

Nonprofit Corporations Owning or Controlling Hospitals; mergers. ........... SB 702

Nonprofit Hospitals; disposition to for-profit entities; hearings. .............. SB 701

Partnerships, Limited Liability; name; filing amended certificates; mergers;

liability of general partner; withdrawal. ................................ HB 1627

Pharmacists; allow formation of professional corporations .................. HB 1326

Private Corporations Leasing Public Not-for-Profit Hospitals. ................ SB 581

Workers' Compensation; exemption of officers; guidelines, limits. ............ SB 323

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2345

CORRECTIONS (Also See Inmates or Jails)

Code Revision; Title 42, Penal Institutions; correct errors. ................. HB 1195

Community Service Probation Program; implementation of. .................. SB 78

County Diversion Programs; incarceration; persons violating orders for child

support or alimony. .................................................... SB 7

Department; pharmacy service area specifications. ......................... SB 495

Department; prison management; outcomes based on budgeting system and

5-year strategic plan; report to General Assembly ........................ SR 137

Designate; Thomasville YDC as Judge Thomas Jefferson Loftiss Regional Youth

Detention Center ...................................................... HR 792

Employees; transfers from county juvenile systems; retirement.

SB 435

Family Violence Intervention and Counseling Program for Inmates. ......... SB 157

Industries; state agency purchases; Purchasing Reform Act of 1996.

SB 550

Inmate Labor Assignments; correctional industries, farms; public works; private

manufacturing; distribution of wages earned. ............................. SB 431

Inmate Labor to Perform Roads and Highway Maintenance; urge use of. ...... SR 90

Inmate Reimbursement to Counties and Municipalities Act of 1995. ......... SB 222

Inmates Assaulting Correctional Officer; transfer higher security. ........... SB 700

Inmates; battery or assault against correctional officer; security. ............. HB 660

Inmates Convicted Sexually Violent Offenses Requiring Registration of

Residence Address; parole conditions. .................................... SB 53

Inmates; crimes committed while in prison; service of sentences. ............ SB 406

Inmates; destroying property, escaping or rioting; repay costs of. ............ SB 564

Inmates; frivolous or malicious claims; disciplinary actions. ................. SB 514

Inmates; medical care, destroying property; actions to recover costs. ......... SB 696

Inmates; medical care; recovery of costs; actions against assets. ............ HB 1154

Inmates; medical treatment, damage to public property; repay costs.

SB 587

Inmates; parole conditions; counseling related to family violence.

SB 157

Inmates; parole conditions; offenses indicating alcohol, drug usage. .......... SB 154

Inmates; probation conditions; court ordered community service.

SB 78

Inmates; probation service providers; amend professional standards.

SB 751

Inmates; special school district for youth; adult training.

SB 228

Inmates; work details; penal labor; secure by use of leg chains. ............. HB 1193

Inmates; work on outdoor assignments; state institutions utilize.

HB 1086

Jails; acceptance of persons in need of immediate medical treatment. ....... HB 1296

Jails; regional jail authorities; participation by municipalities.

SB 735

Juvenile Felony Offenders; notify school officials upon release; youth religious

activities. ............................................................ HB 1370

Municipal Probation Systems; collection of delinquent fines.

SB 276

Offense of Public Indecency; prohibited lewd or sexual conduct.

HB 1168

Pardons and Paroles Board; public records; names, actions, findings.

SB 139

Pardons and Paroles Board; voting records; public inspection. ................ SB 59

Pardons and Paroles, State Board; state-wide elections. ...................... SR 34

Parolees; supervision in transitional or intermediate programs. ............. SB 693

Persons Accused of Felony Crimes and Found Mentally Incompetent. ........ SB 160

Prison Construction; certain counties; privatization plans; sale of property. SR 457

Prison Litigation Reform Act of 1996; enact. .............................. HB 1284

Prison Management and Services Pertaining to Inmates; contracts for.

SB 675

Probation Boot Camp; ineligible inmates; commission of felony crimes.

SB 285

Probation Officer; prohibit refer probationer specific rehab program. ......... SB 751

Probation Services; private providers; amend professional standards.

SB 751

State Board of Pardons and Paroles; abolish; amend Constitution. ........... SR 456

State Facilities; urge designated outside smoking area locations. ............ SR 304

State Hospital Medical Facility; proposed locations; study committee. ........ SR 261

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2346

JOURNAL OF THE SENATE

COSMETOLOGY

Electrolysis; permanent hair removal; regulation of electrologists. ............ SB 85

Programs at Public Technical Institutes; faculty; exempt regulation.

HB 1582

State Board; membership; include an electrologist; advisory board. ........... SB 85

COUNTIES (Also See Local Government)

Acts of General Assembly Increasing Expenditures; effective date.

HB 1383

Acts of General Assembly; local legislation; notice requirements. ............ HB 1385

Ad Valorem; counties of 550,000 or more; repeal certain provision. .......... HB 1771

Ad Valorem; county boards of tax assessors; restrict subpoena power. ........ SB 673

Ad Valorem; exemption; property of nonprofit museums; referendum. ........ HB 252

Ad Valorem; exemption; vans and buses owned by religious groups. .......... HB 756

Ad Valorem; motor vehicles; heavy-duty equipment classification. ........... HB 1530

Ad Valorem; preferential tax assessment; family farm partnerships.

SB 656

Ad Valorem; preferential tax assessment; family owned entities. ............. SB 598

Ad Valorem; standing timber; owner of timber rights tax liability.

HB 1553

Ad Valorem; tax executions for property taxes; consent to transfer.

SB 88

Ad Valorem Tax Liability; apportion between seller and purchaser. ........... SB 86

Ad Valorem; time for making tax returns; certain populated county.

HB 1561

Alcoholic Beverages; sales by the drink on premises on Sundays. ............ SB 585

Boards of Education; vacancies; members qualifying other office.

SB 722

Boards of Health; create new state Department of Public Health.

HB 528

Boards of Health; injunctions to abate public health violations. ............... SB 69

Boards of Health; landlord health, safety violations; corrections.

SB 599

Boards of Health; lead poisoning investigations; inspector licensing.

SB 554

Boards of Health; retirement membership of mental health employees. ........ SB 4

Boards of Health; sanitation, health certificates for food handlers. ............ SB 75

Boards of Health; tenant reporting violations; retaliatory actions.

SB 601

Bonding Businesses; bondspersons; who may approve qualifications. ......... SB 664

Boundary Lines; procedure to transfer property to abutting county. .......... SB 762

Branch-Banking Expansion; comply Community Reinvestment Act.

SB 165

Budgetary, Fiscal, Auditing Procedures; statutory construction.

SB 447

Business or Occupation Taxes; amount of tax levy; criterion.

SB 314

Capital Felony Trials; eligible expenses; reimbursement.

SB 313

Chambers of Commerce; mergers; approval of governing authorities.

SB 715

Charitable Solicitations on Roadways; authorize issue permits.

HB 1198

Community Improvement Districts; special taxes; public services cost.

SB 682

Contracts; multiyear leases, purchases; revise procedures.

SB 567

Council for Civic Renewal; intergovernmental resources coordination.

SB 366

Counties of 400,000; polling places outside precinct boundaries.

SB 192

Counties of 550,000 or More; board of commissioners; compensation.

HB 1840

Counties of 550,000 or More; commissioners; compensation. ................. SB 770

Courthouses; storage of court records at other location. .................... HB 1761

Courts; pilot programs of limited duration; evaluation of proposal.

SB 496

Courts; probation services; professional standards; advisory council.

SB 751

Credit Card Payments for Taxes, Fees; authorize but not required.

HB 1591

Development Authorities; redefine projects; management contracts. .......... SB 749

District Attorneys and Staff; travel expenses; use of vehicles.

HB 966

Elected Officers; term limitations; amend Constitution ....................... SR 3

Elected Officers; term limitations; 12 consecutive years.

SB 340

Elected Officers; write-in candidates; filing date; drug testing.

SB 506

Elected Officials; eligibility to hold office; high school diploma.

SB 181

Election Superintendents; appointment of board to assume duties.

SB 499

Expenditure Mandated by Legislation Imposing a Fiscal Impact.

SB 216

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INDEX

2347

COUNTIES (Continued)

Expenditure of Funds; insurance, employment benefits; restrictions.

SB 226

Expenditures Mandated by Legislation; General Assembly procedures. ........ SB 38

Expenditures; retirement benefits for officers funded during term.

... HB 356

Financial Affairs; submission of annual audit to grand jury. ................. SB 659

Fire Departments, Municipal, County and Volunteer, Nomenclature Act. . . . . HB 1484

Georgia Future Communities Commission; extend to 1997. .................. HR 987

Governmental Facilities; display of POW-MIA flag each November.

SB 25

Hotel-Motel Excise Tax; authority of local consolidated governments.

HB 1487

Hotel-Motel Excise Tax; change provisions, procedures, time period.

HB 1403

Housing Authorities; commissioners; appointment of elected officials. ........ SB 643

Investment of Funds in Bank Certificates of Deposits. ...................... SB 242

Junkyards, Salvage Yards; location; screening; actions against owner.

SB 302

Land Records; property sold for taxes; recordation of deed titles. ............ HB 1587

Local Retirement Systems; financial reports; investment practices

HB 1650

Local Retirement Systems; investment of assets in equities; audits. .......... SB 698

Local School Systems; include both county and independent system. ......... HB 807

Local School Systems; multiyear contracting powers; limitations. ............ SB 428

Mental Health Community Service Boards; funding allocations.

SB 339

Municipalities of 1,500; solid waste disposal site; county approval. ........... SB 502

Municipalities 1,500 or Less; sold waste disposal facilities.

SB 501

Police Department's Official Emblem, Badge, Name; unauthorized use.

HB 713

Property to be Annexed Into a Municipality; notices; signs; hearing.

HB 1231

Public Records; fees for copying, search, retrieval of documents. ............ HB 1170

Regional Development Centers; territorial boundaries; ratify changes. ........ HR 323

Regional Jail Authorities; criminal procedure; additional authority. ......... HB 1341

Sales Tax Levy on Public Accommodations for Education; calculations. ....... SB 732

Sales Tax; local option; proceeds sharing; county, education purpose.

SR 125

Sales Tax; local option; proceeds sharing; educational purposes.

SR 180

Sales Tax; special county 1%; resubmitting question of imposing tax.

HB 1367

Sales Tax; special purpose; proceeds sharing County, Municipal

educational projects. ............................................. ...... SR 20

Sales Tax; special purpose; waste disposal; landfill projects. ................. SB 753

Sales Tax; special 1%; authorize certain capital outlay projects ............. HB 1166

Sheriffs; cash bonds; deposits in interest-bearing accounts.

HB 198

Speed Limits Through Road Construction Sites; establishment of.

SB 580

Speed Limits; 35 MPH maximum on unpaved county roads; exception.

SB 606

State Agencies Proposing to Relocate Operations; economic impact.

SB 150

State Court Judges; compensation; minimum salary provisions.

HB 1401

State Courts; office of solicitor-general created; revise laws. ................ HB 1430

Tax Assessors; terms; vacancies; subpoenas; electronic data systems. ........ HB 1683

Vehicle Registration; emission inspection certification; tag fees.

HB 1290

Volunteer Fire Departments; formation of nonprofit corporations.

SB 416

Zoning Actions Impacting Neighboring Counties; review procedures. ......... SB 270

Zoning Decisions Involving Property Located on Salt-water Islands.

SB 612

Zoning Hearings; presentation of documents; minimum time period. ........ HB 1203

Zoning Procedures; defeated rezoning actions; reconsideration.

SB 215

Zoning Proposals; planning commission; require review land use plan.

SB 566

COURSEY, KIMBERLY, NATIONAL 4-H WINNER; commend

SR 468

COURTHOUSES, HISTORIC COUNTY; rehabilitation needs; authorize DNR study. ........... . . ................................................... SR 618

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2348

JOURNAL OF THE SENATE

COURTS (Also See Judicial Circuits or Individual Courts)

Administration; pilot programs; submission, evaluation of proposal. .......... SB 496

Administrative Office of Courts; duties; interest rate on judgments. .......... SB 180

Appellate Courts; commission to study structure and operations. ........... HR 1091

Appellate; creation of tenth judgeship; how cases heard, decisions. ........... SB 750

Appellate; jurisdiction; applications for permission to appeal. ................ SB 644

Bail Bond Businesses; bondspersons; who may approve qualifications. ........ SB 664

Capital Felonies; death penalty cases; sentencing, deadlocked juries.

SB 329

Capital Felonies; death penalty cases; sentencing; dead-locked jury verdict;

expenses, reimbursement to counties. ................................... SB 313

Child Custody Cases; appeals to appellate courts; expedite decisions. ........ SB 726

Child Protective Service Records; agencies permitted access. ................ SB 575

Civil Actions; Alternative Dispute Resolution Programs. .................... SB 628

Civil Actions; consolidation of actions; repeal consent of parties. ............. SB 182

Civil Actions; executions; written notice of levy on land.

SB 277

Civil Actions; freedom of speech; public grievances; frivolous suits. ............ SB 1

Civil Actions; judgments; satisfaction of debt; discharge execution. ........... SB 670

Civil Actions; persons engaged land surveying; period of limitation. .......... SB 303

Civil and Criminal Trials; continuances; absence of party or attorney attending

General Assembly. ................................................... HB 1626

Civil Cases; appeals; time for filing motions for specific applications for

supersedeas, interim orders, rulings. .................................... SB 728

Civil Justice System; committee to study proposed reforms. ................. SR 446

Civil Practice; lawsuits involving nonresident defendants; venue.

SB 231

Clerks; deputy clerks; affidavits; issuance of garnishment summons. ........ HB 1208

Cobb Judicial Circuit; nonuniform pilot programs; committee to study.

HR 260

Contempt Powers; educators; unlawful actions relative students required attend

judicial proceedings. .................................................. HB 1115

Contempt Powers of Juvenile Courts; Parental Responsibility Act. .......... HB 1299

Contempt Powers; parent failure comply court ordered counseling.

SB 77

Contempt Powers; violating orders relative TV, videotaping, filming.

HB 1122

Contempt Powers; violation of orders for child support or alimony. ............ SB 7

Court Reporters; depositions; testimony in nonstenographic form. ............ SB 283

Crime Victim Assistance Funds; programs for family violence victims. ....... SB 609

Criminal Cases; additional penalties; fund family violence shelters.

SB 609

Criminal Procedure; arrested persons; rights when bail refused. ............. SB 576

Criminal Procedure; felony cases; discovery; law enforcement witness.

SB 512

Criminal Procedure; posting bail bonds; time for Grand Jury to hear charges;

drug cases bailable before Superior Court; depositions. .................. HB 1479

Criminal Procedure; regional jail authorities; conducting courts of inquiry

between two locations. ................................................ HB 1341

Criminal Trials; witnesses, jurors; accepting money for information .......... SB 172

Criminal Trials; witnesses, jurors; prohibit selling of information.

SB 191

Discovery in Cases of Theft of Trade Secrets; protective orders.

SB 418

District Attorneys; accusations against; repeal certain provisions.

SB 639

District Attorneys and Staff; travel; disability; accusations. ................. HB 966

District Attorneys; criminal investigations involving fraud or drugs;

documentary evidence; subpoena powers. ................................ HB 338

District Attorneys; retirement; spouse benefits coverage. ..................... SB 67

Evidence; admissibility of videotapes; vehicle or traffic violations. ............ SB 444

Evidence; authenticity of medical reports; admissibility. .................... SB 421

Evidence; hearsay; statements of child abuse made to another. .............. SB 124

Evidence; investigative subpoena; witness testimony; victim presence.

HB 338

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INDEX

2349

COURTS (Continued)

Evidence; spousal testimony; offenses involving battery, stalking, property

damage or trespass. ................................................... SB 234

Evidence; unavailability of witness; introduction of photographs, motion

pictures, videotapes, audio recordings................................... HB 1235

Evidence; witness fees; Natural Resources law enforcement officers. ........ HB 1199

Family or Domestic Violence Victims; abolish fees, associated costs. ..... HB 1569

Family Violence Cases; inform victims of available resources.

...

SB 209

Family Violence Cases; superior court costs; total sum of fee. ................ SB 117

Family Violence Intervention Program; orders to participate. ................ SB 157

Felony Cases; illegal possession and sale of controlled substances or marijuana;

pretrial procedure. .................................................... SB 494

Fines and Forfeitures; additional penalty assessments to fund technology

related rehabilitative services. .......................................... SB 295

Fines; criminal, traffic cases; allocate for child abuse treatment. ............. SR 162

Fines; disposition; law enforcement officer training; disbursements. .......... SB 155

Georgia Court-connected Alternative Dispute Resolution Programs;

administration of; trustees; fees to fund; audits; bonds. ................... SB 628

Grandparent Visitation Rights to a Minor Child; change provisions. ..... SB 640

Granting of Pardons and Paroles; conditional authority. .................... SB 633

Guardian Ad Litem for Minor, Ward or Incapacitated Person; payment. ...... HB 339

Gwinnett Judicial Circuit; pilot projects; joint committee to study. ........... HR 384

Habeas Corpus Actions; review of death penalty sentence; procedures. ....... SB 102

Habeas Corpus Review of Death Penalty Sentences; eliminate delays. ......... SB 80

Hearings; issues relating to grandparent visitation rights. .................. SB 365

Indigent Defense Council; create mental health advocacy division. .......... HB 1239

Judges; appellate and superior court; creation of new judgeships. ............ SB 750

Judicial Assistance; judges serving in other courts; compensation. .......... HB 1467

Judicial Compensation; create state commission; amend Constitution. ......... SR 97

Judicial Council; duties; pilot programs involving nonuniform courts. ........ SB 496

Judicial Offices; persons ineligible; Supreme Court order to remove.

HB 1396

Juries in Cases Where Government is Opposing Party; powers. .............. SB 311

Jurors; contempt of court; accepting money for trial information. ............ SB 172

Jurors; peremptory challenges; allow state same number as accused. ......... SB 527

Jury Tampering; selling of information involving criminal actions. ........... SB 191

Juvenile Delinquency Petitions; unlawful acts by child in custody. .......... HB 1197

Juvenile; delinquent children; disposition of a nonresident child. ............. SB 410

Juvenile; designated felonies; offenses relating to explosives. ................ SB 636

Juvenile; judge pro tempore; appointment of state court judges. ............. SB 141

Juvenile; judges; annual training certification; judicial education. ............ SB 292

Juvenile; jurisdiction; custody disputes alleging child abuse. ................ SB 729

Juvenile Motor Vehicle or Boating Safety Violations; disposition. ............ SB 629

Juvenile; orders for counseling; parent, guardian noncompliance. .....

SB 77

Juvenile; orders for parent to enter substance abuse program. ............... SB 551

Juvenile; parents accountable for failure to appear when so ordered. ........ HB 1299

Juvenile; placement of child after termination of parental rights. ............ SB 619

Juvenile; records; automated or computerized; inspection. .................... SB 30

Law School Public Prosecutor Act; assistance in municipal courts. ........... HB 514

Lien Foreclosures; abandoned motor vehicles; attorney's fees ................. SB 87

Long-arm Statute; venue; actions against nonresident defendants.

SB 231

Magistrate; appeals from default judgments to state court; review. ........... SB 540

Magistrate; civil actions; increase filing fees ............................... SB 669

Magistrate; civil claims; monetary jurisdiction set at $15,000. ............... SB 752

Magistrate; judgments exceeding $5,000.; discovery procedures. ............. HB 580

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2350

JOURNAL OF THE SENATE

COURTS (Continued)

Municipal and Probate; misdemeanor traffic cases; transfer of bond. ........ HB 1188

Municipal; service fees; actions to collect delinquent fines. .................. SB 276

Municipal; solicitors; use of law school students, instructors.

HB 514

Peace Officer and Prosecutor Training Fund; transfer of proceeds.

SB 485

Pretrial Proceedings; felony crimes; issues of mental competency.

SB 160

Prison Litigation Reforms; measures to rectify frivolous lawsuits.

HB 1284

Probate; appointment of guardians in workers' compensation cases.

HB 1291

Probate; guardianships; beneficiaries of Veterans Administration.

SB 596

Probate; judges; retirement; calculation of benefits.

HB 845

Probate; judges retirement fund; benefits for secretary-treasurer. ............ HB 896

Probate; judges; retirement; spousal benefits; selection options.

HB 485

Probate; judges; retirement; spousal benefits upon death or divorce.

HB 1015

Probate; jurisdiction; cases charging marijuana possession or furnishing

alcoholic beverages to underage persons

HB 1322

Probate; jurisdiction; defendants pleading mentally incompetency.

SB 94

Probate; jurisdiction; wills, guardians; revise OCGA Titles 29, 53.

HB 1030

Prosecuting Attorneys' Council; judicial circuit travel budgets.

HB 966

Sentences; death penalty; procedures for actions filed challenging.

SB 102

Sentencing; capital cases; death penalty appeals; review procedures.

SB 80

Sentencing; death penalty cases; deadlocked jury verdict.

SB 313

Sentencing; death penalty cases; deadlocked jury verdict.

SB 329

Sentencing in Criminal Cases; prohibit certain modifications.

HB 315

Sentencing Powers; violated orders for alimony or child support.

SB 7

Sheriffs; retirement; increase monthly benefits. ............................ HB 773

State Court of Richmond County; inclusion, certain retirement fund.

HB 782

State; create office of solicitor-general; revise laws, references. ........'...... HB 1430

State; enforcement of judgments; deferred partial payments. ................ SB 434

State; judges; method to determine minimum salary; county funds. ......... HB 1401

Superior; Alcovy Judicial Circuit; third judgeship.

SB 278

Superior; assistant district attorneys; number in each circuit. ............... HB 231

Superior; Augusta Judicial Circuit; additional judgeship.

SB 325

Superior; clerks; fees; property records; automated system.

HB 1613

Superior; clerks; recording power of attorney documents.

SB 144

Superior; clerks; records; storage location other than courthouse.

HB 1761

Superior; Cobb Judicial Circuit; eighth judgeship.

SB 264

Superior; Conasauga Judicial Circuit; fourth judgeship.

SB 221

Superior Court Judges Retirement; prior service credit; juvenile court judges. HB 213

Superior; creation of new judgeships; legislation procedures.

HB 1065

Superior; fees for services rendered; family violence cases. .................. SB 117

Superior; judges; procedure to create new judgeships; compensation. ........ SB 750

Superior; judges; retirement; disability benefits.

HB 679

Superior; judges retirement; eligibility; minimum age, years.

HB 506

Superior; judges; secretaries; compensation; pay schedule, steps.

HB 1218

Superior; Northeastern Judicial Circuit; change term; Dawson County.

SB 547

Superior; office of senior clerk; creation.

HB 1596

Superior; Western Judicial Circuit; new third judgeship.

SB 306

Televised, Videotaped, Filmed Judicial Proceedings; set standards.

HB 1122

Traffic Fines; funding for Technology Related Assistance Trust Fund.

SR 166

Trial; cases of contempt; discretion to grant supersedeas; appeals.

SB 663

Trial Judges and Solicitors Retirement; contributions for spouse.

HB 743

Trial Juries; Jury Power Restoration Act. ................................ SB 311

Trials; felony cases; witnesses; disclosure of personal information. ........... SB 272

Trials; persons indicted or accused DUI vehicular homicide.

SB 524

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INDEX

2351

COURTS (Continued) Witness Testimony; depositions of nonresident aliens ...................... HB 1644 Witnesses; compellable evidence of husband and wife; conditions. ............. SB 8 Witnesses; criminal trials; selling of information; penalty. ................... SB 191 Witnesses; criminal trials; unlawful selling of information. .................. SB 172 Witnesses; discovery in felony cases; delete social security numbers. ......... SB 272 Witnesses; discovery in felony cases; law enforcement witnesses. ............ SB 512 Witnesses; evidence; depositions; nonresident aliens. ...................... HB 1479 Witnesses; evidence; unavailability of witness situations. .................. HB 1235 Witnesses; methods to take testimony in nonstenographic form. ............. SB 283 Witnesses; spousal testimony in certain criminal proceedings. ............... SB 234 Witnesses; testimony of victims; witness fees and mileage. .................. HB 338 Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110

COWART, ROY J.; commend .............................................. SR 423

CRAWFORD COUNTY Board of Commissioners; travel expense reimbursement ................... HB 1861
Property Conveyance; easement area; Public Service Telephone Co. .......... SR 459

CREDIT OR OTHER FINANCIAL TRANSACTION CARDS Acceptance of Credit Card Payments for Taxes, Fees Authorized. ........... HB 1591 Financial Transaction Card Fraud; using cardholder's account number. ...... HB 656

CRIME INFORMATION CENTER (Also See GBI)

Criminal History; firearms purchasers; state background check law. ......... HB 513

Criminal History Records; disclosure to owners of rental dwellings. ......... HB 1380

Criminal History Records; persons petitioning to adopt a child. .............. SB 714

Criminal History Records; procedure to purge, modify or expunge. ........... SB 533

Criminal Records Search; fingerprint records; bondspersons. ................ HB 813

Firearm Serial Numbers; computer database; Dial Gun Check system. ....... SB 122

Records; disclosure; firearms purchasers; criminal, mental history.

SB 106

Sexual Offender Registration Program; disseminating information.

SB 53

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES

Abortions and Breast Cancer; warning of risks; informed consent.

SB 685

Abortions Performed Without Giving Female Certain Information. ........... SB 327

Arrested Persons Refused Bail; when entitled grand jury hear charges. ...... SB 576

Assault and Battery Upon Personnel of DCYS Services; penalties.

HB 1197

Battery, Sexual; offender conviction data, residency; registration of.

SB 53

Bus or Rail Vehicle Hijacking Using Explosive Devices; penalties.

SB 636

Child Abuse; admissible evidence; certain statements made by child. ......... SB 124

Child Abuse; registering name of alleged abuser; access to records.

SB 575

Child Abuse Treatment Centers; fees to fund; criminal, traffic cases. ......... SR 162

Child Molestation and Murder of a Child; death penalty sentence. ........... SB 605

Children; parent or guardian prohibited sell or offer for sale.

SB 130

Cigarettes, Tobacco Products; sales to minors; strict regulations.

HB 1365

Code Revision; Title 16; correct errors and omissions. ...................... HB 1195

Coin-operated Amusement Games or Devices; winning players; rewards.

HB 1151

Conspiracy; illegal acts relating to explosive materials; penalties. ............ SB 636

Controlled Substance Violations; change penalties; change listing.

HB 1555

Controlled Substance Violations; evidence; investigative subpoenas.

HB 338

Controlled Substances; dangerous drugs; add Butorphanol; illegal trafficking of

nitrous oxide; transaction records. ...................................... HB 342

Controlled Substances; dangerous drugs violations; records; labels. .......... SB 565

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2352

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Controlled Substances, Marijuana; felony cases; pretrial procedure. .......... SB 494

Controlled Substances; offenses bailable only before Superior Court. ........ HB 1479

Crime of Interference With Visitation Allowed to Noncustodial Parent. ....... SB 219

Crimes Occurring Prior Marriage; witnesses; spousal testimony. .............. SB 8

Criminal Arrest Records; orders to modify, supplement or delete. ............ SB 533

Criminal or Traffic Violations; additional penalty assessments to fund

technology related rehabilitative services. ............................... SB 295

Cruelty to Children; piercing body of a minor without parent consent. ........ SB 508

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Habeas Corpus Actions; procedural rules; filing. .............. SB 102

Drug-free Commercial Zones; designation; penalties; sentences. ............. HB 1654

Drug Paraphernalia; objects packaged to resemble; sale to minors. ........... SB 509

Drug Related Indictments on Same Parcel of Property; owner guilty of

maintaining a nuisance. .....................

HB 1287

Drugs; illegal; annual random drug testing of state officers. ................. SB 240

Drugs; illegal; urge Congress use military resources to combat. .............. HR 259

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

Escape; assisting or harboring juvenile in custody of DCYS; felony. ......... HB 1197

False Identification Documents; intent to defraud or deceive. ................ SB 198

False Identification Documents; sales to minors; increase penalties. .......... SB 578

False or Fraudulent Credentials; use by educators; criminal penalty. ......... SB 296

False or Misleading Statement to Obtain Workers' Compensation. ........... SB 301

False or Misleading Statement to Obtain Workers' Compensation; fraud.

SB 323

Family or Domestic Violence Victims Filing Criminal Charges; abolish court,

sheriffs fees, associated costs. ......................................... HB 1569

Family Violence; criminal battery defined; state commission members. ....... SB 610

Family Violence; intervention program within Correctional System .......... SB 157

Family Violence; offense constituting cruelty to children. .................... SB 159

Family Violence; perpetrator's history; parent visitation orders. ............. SB 120

Family Violence; persons convicted certain offenses; appeal bonds.

SB 544

Family Violence; redefine offenses; victim review of incident report. .......... SB 397

Family Violence Shelters; victim assistance programs; funding. .............. SB 609

Family Violence; simple battery; third conviction; felony offense. ............. SB 341

Family Violence, State Commission on; additional members; terms. .......... SB 608

Felony Cases; use of juvenile court records to set bail, sentence. ............. SB 539

Felony Crimes; arrest powers of sheriffs or police officers. ................... SB 183

Felony Crimes; pretrial proceedings; persons mentally incompetent.

SB 160

Felony Crimes; repeat offenders; ineligible Probation Boot Camp. ............ SB 285

Financial Transaction Card Fraud; using cardholder's account number. ...... HB 656

Firearms; background checks in pawn transactions; drug offenders ineligible

licensure; persons authorized carry concealed weapon. .................... SB 624

Firearms; concealable weapons; when possession not prohibited; electronic

delays in purchaser records check. ...................................... SB 678

Firearms; concealed weapon exemption; explosive disposal technicians. ....... SB 636

Firearms; crimes committed using machine guns, sawed-off rifles, shotguns or

silencers; enhanced penalties. .......................................... HB 308

Firearms; illegal possession; juveniles in custody of DCYS ................. HB 1197

Firearms; possession of concealed weapons; allow public officials. ............ SB 624

Firearms Protection for Minors Act; offense of criminal storage. .............. SB 72

Firearms; retail sale, transfer; purchaser background records check. ......... SB 106

Firearms; sale of handguns; state criminal background check law. ........... HB 513

Firearms Used in Crimes; serial numbers; automated telephone check. ....... SB 122

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INDEX

2353

CRIMES AND OFFENSES (Continued)

Forged or Counterfeit Trademarks, Designs, Symbols; Manufacture or Sale;

penalties. ............................................................. SB 498

Fraud; accepting AFDC benefits with knowledge of ineligibility. ............. SB 112

Fraud; allegations involving Medicaid; evidence; subpoenas. ................. HB 338

Fraud and Abuse in Obtaining Public Assistance Benefits; penalties. ......... SB 446

Fraud; deposit accounts; worthless instruments; interest payments. ......... HB 1295

Fraud; illegal conduct relative to Medicaid; bar medical providers. ........... SB 687

Fraud; insurance; investigations; prosecutions; fees to fund costs.

SB 208

Fraudulent Acts in Obtaining, Using Driver's License or ID Cards.

HB 256

Fraudulent Acts to Procure Payment of False Insurance Claims. ............ SB 755

Fraudulent Issuance of Personal ID Cards; penalties. ....................... SB 253

Fraudulent Practices; computers, electronic mailboxes transmitting misleading

data. ................................................................ HB 1630

Fraudulent Sales Transactions; crime of misrepresenting origin, ownership of

timber or agricultural commodities. ..................................... HB 907

Handgun Sales; potential buyers; state criminal background check law.

HB 513

Handguns; pistols, revolvers; only one purchase within 30-day period. ........ SB 109

Handguns; sale or transfer; state-wide regulation; background check. ........ SB 106

Hunting While Intoxicated Prohibited; evidence; testing; penalties.

SB 530

Intercepting Private Communication Which Invades Privacy of Another. ...... SB 74

Jury Tampering; selling of information involving criminal actions. ........... SB 191

Kidnapping; stranger abduction; urge educate children about dangers. ....... SR 511

Litter Control; criminal littering; fines specified by state law.

SB 107

Marijuana Possession; misdemeanor violations; court jurisdiction. .......... HB 1322

Minors; age for admission to premises exhibiting sexual matter. ............. SB 396

Misdemeanor or Felony Crimes; prosecution of a peace officer. ............... SB 511

Missing Children; informative bulletin board display; state offices. ........... SB 638

Murder of a Child Victim While Engaged Certain Acts; death penalty.

SB 605

Nuisances; property upon which substantial drug violations occur.

HB 1287

Obscene Material Prohibited in Outdoor Advertising signs. .................. SB 586

Obstructing or Hindering Law Enforcement Officers Enforcing Judgment by

Execution; judgment debtor subject arrest. ............................. HB 1172

Offense of Conspiracy to Commit a Crime; conviction procedures.

HB 1560

Offense of Contributing to Delinquent Acts of a Minor; penalties

SB 396

Offense of Criminal Possession of Explosives; enhanced penalties. ........... SB 636

Offense of Cruelty to Children; define first, second degree offenses.

SB 159

Offense of Destroying or Injuring a Police Accelerant Detection Dog.

HB 655

Offense of Disorderly Conduct; use of obscene or vulgar language.

SB 420

Offense of Distributing Destructive Device or Detonator; penalties.

SB 636

Offense of Harassing Phone Calls; penalties. ............................... SB 420

Offense of Intentionally Destroying or Injuring a Police Horse. ............. HB 1570

Offense of Obstructing or Hindering Emergency Medical Personnel. .......... SB 607

Offense of Public Indecency; jails and correctional institutions. ............. HB 1168

Offense of Theft of Trade Secrets; definitions; penalties. .................... SB 418

Offense of Transmitting False Public Alarm; hoax destructive devices.

SB 636

Offenses Involving Theft of Trade Secrets on Customers or Suppliers.

SB 316

Offenses of Homicide by Interference with Official Traffic-Control Device or

Railroad Sign or Signal; penalties. ..................................... HB 1256

Offenses of Public Indecency; punishment; cumulative to other laws.

HB 1531

Offenses Related to Minors; libraries exhibiting harmful materials. .......... SB 630

Organized Crime Activities; police surveillance; electronic devices. ........... HB 341

Person's Charged With Offenses Against Spouse; witness testimony. ......... SB 234

Physically Violent Offenders Ineligible Probation Boot Camp.

... SB 285

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2354

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Raffles Operated by Bona Fide Non-Profit Organizations; licensing. ......... HB 1637

Rape, Aggravated Sodomy; evidence; medical exam costs; marital relationship;

required victim information. ............................................ SB 210

Rape; sex offender conviction data, residency; registration program. ........... SB 53

Rape; statutory; persons convicted age 21 or over; penalties. ............... HB 1316

Sexual Assault Against Person Seeking Counseling; definition. ............. HB 1033

Sexual Offenses Against Children Under Age 16; rape, molestation. .......... SB 140

Sexual Offenses Against Females Under Age 16; rape, child molestation,

enticement for indecent purposes. ........................................ SB 57

Sexual Offenses; certain offenders ineligible Probation Boot Camp. ........... SB 285

Sexual Offenses; offense of public indecency in jails, penal and correctional

institutions. ......................................................... HB 1168

Sexually Violent Predatory Offenses; required offender registration.

SB 53

Smoking, Using Tobacco Products in Places of Employment Prohibited.

SB 236

Sodomy; sex offender conviction data, residency; registration program. ........ SB 53

Statutory Rape Against Teenage Victims; age of perpetrator; penalty.

SB 543

Telemarketing or Internet Activities; intentional criminal theft; damages; double

penalty to target elderly or disabled ................................... HB 1400

Theft by Conversion; personal property; redefine term.

SB 711

Theft; misdemeanor shoplifting; increase maximum property value. .......... SB 386

Theft of Telecommunications Services; unlawful acts defined; penalty.

SB 597

Theft; publicly accessible computer records; digital signatures.

SB 736

Theft; use of deadly force for protection or in self defense.................... SB 171

Use of Force in Defense of Habitation or Residence; justification.

.... HB 107

Vehicle License Plates on Front and Rear; law enforcement use in apprehending

criminals; committee to study. .......................................... SR 615

Victims of Crime; presence at court proceedings; witness testimony.

SB 110

Victims of Crime; rehabilitation; technology related assistance. .............. SB 295

CRIMINAL JUSTICE COORDINATING COUNCIL; Crime Victim Assistance Programs; include family violence shelters. ................................ SB 609

CRIMINAL PROCEDURE

Appellate Courts; commission to study structure and operations.

HR 1091

Arrested Person Refused Bail; when entitled grand jury hear charges. ....... SB 576

Arrests in Counties Belonging to Regional Jail Authorities; conducting courts of

inquiry; use of audio-visual communication; witnesses.

HB 1341

Bail Bond Businesses; professional bondspersons; approval by sheriff.

SB 664

Bail Bonds; liability for trial appearance; forfeiture conditions.

HB 1479

Bail Bonds; professional bondspersons; fingerprint records search. ........... HB 813

Bail; release of persons charged family violence; notice to victims.

SB 209

Bail; right of person refused to have charges heard by grand jury.

HB 1479

Bail; traffic and motor vehicle cases; deposit of driver's license; appeal bonds in

family violence cases .................................................. SB 544

Bailable Offenses Only Before Superior Court; controlled substances.

HB 1479

Capital Felonies; death penalty cases; sentencing; deadlocked juries. ......... SB 329

Capital Felonies; death penalty cases; sentencing jury unable render verdict;

trial expenses, reimbursement to counties.

SB 313

Conditional Authority of Superior Court to Grant Pardons and Parole.

SB 633

Controlled Substances or Marijuana Felony Cases; pretrial procedure.

SB 494

Death Penalty Appeal and Habeas Corpus Reform Act of 1995.

SB 80

Death Penalty; grounds for imposition; murder involving child victim.

SB 605

Death Penalty Habeas Corpus Actions; procedural rules; filing.

SB 102

Demand for Trial; persons indicted or accused DUI vehicular homicide.

SB 524

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INDEX

2355

CRIMINAL PROCEDURE (Continued)

Discovery; information concerning law enforcement witnesses. ............... SB 512

Evidence; rape or aggravated sodomy cases; medical exams; marital relationship

not defense; prosecution time limitation. ................................ SB 210

Evidence; witness testimony; depositions of nonresident aliens

HB 1644

Evidence; witnesses; victims right to be present; order of testimony.

HB 338

Felony Cases; witnesses; delete disclosure of social security number.

SB 272

Felony Crimes; handling issues of mental competency to stand trial.

SB 160

Indictment of Peace Officers; crime occurred in performance of duty. ......... SB 511

Indigent Defense Act; persons found not guilty by reason of insanity; create

mental health advocacy program. ...................................... HB 1239

Misdemeanor Violations Involving Marijuana and Alcoholic Beverage

Possession; probate court jurisdiction.

HB 1322

Offense of Conspiracy to Commit Crime; conviction procedures.

HB 1560

Plea of Mental Incompetency to Stand Trial; commitment of defendant.

SB 94

Rape, Offense of Statutory; persons convicted age 21 or over.

HB 1316

Sentences; prohibit modification through financial payments.

HB 315

Sentencing; inmates convicted of crime while in prison; punishment.

SB 406

State Courts; office of solicitor-general created; revise laws.

HB 1430

Trials; Continuances; absence of party or attorney; attendance at General

Assembly. .......................................................... HB 1626

Victims of Family Violence; entitled review incident reports.

.......... SB 397

Witness Testimony; depositions; nonresident aliens. ....................... HB 1479

Witnesses; compellable evidence of husband and wife; conditions.

SB 8

Witnesses or Jurors; disclosing information; unlawful compensation. ......... SB 172

Witnesses or Jurors; selling of information about a crime; penalty.

SB 191

Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110

CRISP COUNTY Board of Commissioners; annual salary. .................................. HB 1726
Cordele-Crisp County Fish Fry and Officials; commend ..................... SR 592

CRUELTY TO CHILDREN Body Piercing to Allow Insertion of Objects; prohibitions; penalty. Murder Committed While Engaged in Act of Cruelty; death penalty.

SB 508 SB 605

CUMBERLAND ISLAND AND CITY OF ST. MARYS; historic properties; urge

National Park Service adopt restoration plan.

HR 316

CURRAHEE PAGING COMPANY; lease; Black Rock Mountain State Park. HR 946

CURTIS BAPTIST HIGH SCHOOL GIRLS BASKETBALL; commend

SR 651

D

DACULA, CITY OF; mayor and council; filling vacancies in office.

HB 800

DADE COUNTY

Magistrate Court; judge; nonpartisan nomination and election.

SB 699

Probate Court; judge; nonpartisan nomination, election. .................... SB 488

DAHLONEGA, CITY OF Designate; John H. Owen Intersection; Hwy 60 and East-West Connector Designate; Morrison Moore Connector; new East-West Connector.

HR 825 HR 817

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2356

JOURNAL OF THE SENATE

DALTON COUNTY; Phoenix High School Open Campus Program; commend. SR 462

DAMS; Hydroelectric Dam Facilities in Elbert County; opposing sale of. ....... SR 433

DANIEL, ELIZABETH, NATIONAL 4-H DELEGATE; commend

SR 473

DAWSON COUNTY Board of Commissioners; county manager; change provisions ............... HB 1899 Superior Court; Northeastern Judicial Circuit; change term of court. ......... SB 547

DAWSONVILLE, CITY OF; new charter. .................................. HB 1887

DAY, SENATOR CLINT; commend upon occasion of retirement from Senate. SR 730

DEAF PERSONS (See Hearing Impaired or Handicapped)

DEATH

Funeral Establishments; caskets; identity of persons interred. ................ SB 43

Nursing Home Facilities; pronouncement of death of patient. ............... HB 1655

Pronouncement of Death; authority of coroners or deputy coroners. .......... HB 508

Vital Records; recording death; birth certificate stamped deceased.

HB 1420

DEATH PENALTY IN CAPITAL FELONY CASES (Also See Courts or Sentence)

Appeal and Habeas Corpus Reforms; eliminate delay in carrying out.

SB 80

Appellate Court; jurisdiction; application for permission to appeal.

SB 644

Criminal Procedure; persons refused bail; grand jury hearing. ............... SB 576

Habeas Corpus Cases Challenging Death Penalty Sentence; procedures. ...... SB 102

Murder Cases Involving a Child Victim; grounds for imposition.

SB 605

Trial Juries Unable Render Sentencing Verdict; procedures. ................. SB 329

Trial Juries Unable Render Sentencing Verdict; sentencing by judge or

declaration of mistrial. ................................................. SB 313

DEBTOR AND CREDITOR

Bankruptcy; property exempt from levy, sale; limitations. ................... SB 625

Civil Actions; judgments; discharge of execution; failure to cancel. ........... SB 670

Consumer Reporting Agency; credit information; unauthorized access. ...... HB 1632

Credit Transactions; nonrecorded security; credit insurance.

SB 185

Garnishment Procedures; filing summons before deputy clerk of court

HB 1208

Judgment Creditors; discovery procedures under Civil Practice Act.

HB 580

Judgments; actions seeking reimbursement for certain inmate costs.

SB 222

Judgments; rate of interest; calculation method; U.S. Treasury bills.

SB 180

Judgments; requests for collection of deferred partial payments. ............. SB 434

Judicial Sales; debtor prohibited hinder officer enforcing judgment.

HB 1172

Liens on Motor Vehicles; exclusion; certain rental agreements. .............. SB 127

Motor Vehicles; abandoned; lien foreclosures; attorney's fees. ................. SB 87

Real Estate Transfer Tax; exemption; deeds from foreclosure sales.

HB 1174

Vendors' Single Interest Credit Insurance; premiums, rates.

HB 1398

DECATUR, CITY OF; corporate limits; change ............................ HB 1865

DECATUR COUNTY; property conveyance; Bainbridge State Hospital. . . . . . HR 1001

DECATUR-DEKALB YMCA PARTNER WITH YOUTH CAMPAIGN Commend .............................................................. SR 591

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY Ad Valorem Taxes; homestead exemption; collection of local sales tax. ....... HB 935 Board of Commissioners; agenda for meetings; contracts. ................... SB 372

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INDEX

2357

DEKALB COUNTY (Continued)

Board of Commissioners; public hearings; chamber of commerce merger. . . . . . SB 780

Board of Education; compensation; annual salary. .......................... SB 746

Counties of 400,000 or More; charitable contributions. ..................... HB 1682

DeKalb County Civic Center Authority Act; creation. .................

HB 1620

DeKalb School System Magnet Programs for High Achievers; commend.

SR 400

Joint Committee, Study DeKalb County Form of Government; re-create. . . . . HR 1096

Property Conveyance; authorize sale of surplus state property. .............. SR 457

Property Conveyance; grant utility easement in City of Chamblee. ...

SR 458

Superior Court; Stone Mountain Judicial Circuit; tenth judgeship. ........... SB 602

DENTISTRY

Dental Hygienists; direct supervision requirement; change provisions.

SB 389

Licenses; effect of failure to renew; reissuance; teaching licenses. ........... HB 1330

DEPARTMENT OF ARCHIVES AND HISTORY

Functions; remove duties relative to American Indians. ..................... SB 123

Functions; remove duties relative to Indians; create new commission.

SB 266

Indian Affairs; committee to study creating citizen commission. ............. SR 309

DEVANE, ROBYN HILLIARD; University System Scholar; commend

SR 667

DEVELOPMENT AUTHORITIES (Also See Authorities)

Industrial Development Bonds; issuance; redefine "business"; sunset. ........ HB 323

Projects; contracts for managed projects; redefine projects.

SB 749

Urban Redevelopment Law; delete reference to slum areas; distressed. ...... HB 1255

DEVELOPMENTAL HIGHWAY SYSTEM

Include East-West Corridor 1-75 N to SR 316; remove Outer Perimeter. ....... SB 2

Johnson Ferry Road; add to state developmental highway system.

SB 582

Johnson Ferry Road; urge designate part of State Highway System.

SR 412

DIABETES OUTPATIENT SELF-MANAGEMENT SERVICES; insurance coverage. .............................................................. HB 1320

DIAZ, MANUEL; Coach of UGA Tennis Team; introduced ................... Page 167

DICKEY, BRETT CHANNING; Gilmer County; express regrets at passing. SR 587

DISABLED OR PERSONS WITH DISABILITIES (Also See Handicapped or Elderly)

Assistance by Guide or Service Animals; unlawful conduct against service dogs;

right to use service capuchin monkeys. ................................. HB 1268

Disabled, Elderly Adults Believed Exploited by a Caretaker; reports. ......... SB 395

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

Employment; injury funds; impact of Americans with Disabilities Act.

SR 247

Family and Charitable Trust to Supplement Care and Support; provide. . . . . . SB 559

License Plates; special; transfer to another vehicle. ......................... SB 280

Private Speculative Residences; bathrooms and door standards. ............ HB 1076

References in OCGA; delete terms "handicap or handicapped"; remove

accessibility barriers. .................................................. HB 653

Special Education Services for Students Placed in Regular Classroom.

HB 500

Technology Related Assistance for Individuals with Disabilities Act.

SB 510

Technology Related Assistance for Individuals With Disabilities Act.

SB 295

Technology Related Assistance Trust Fund; authorize.

SR 391

DISASTER EMERGENCD3S (Also See Emergency Management) Cemetery Caskets or Vessels; identity of persons interred. ................... SB 43
Emergency Management, Disaster Relief Trust Fund; surcharge on property insurance to fund. ..................................................... HR 854

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2358

JOURNAL OF THE SENATE

DISASTER EMERGENCIES (Continued)

Emergency Management Preparedness and Assistance Trust Fund; create. . HB 1440

Emergency Management, Southern Regional Compact; enact. ............... SB 387

State Agencies; emergency purchasing in declared state of emergency.

HB 288

DISTRICT ATTORNEYS (Also See Judicial Circuits)

Accusations Against; repeal certain court appointment provisions. ........... SB 639

Employing Assistant District Attorneys; number in each circuit. ............. HB 231

Law School Public Prosecutor Act; include municipal courts. ................ HB 514

Performance of Official Duty; travel; disability; alleged misconduct. .......... HB 966

Powers; investigations involving fraud or drugs; documentary evidence;

administrative subpoenas. ............................................. HB 338

Retirement; benefits Subject Domestic Relations Orders Denned. ............ SB 719

Retirement; eligibility; holding public office, practicing law. ................ HB 1088

Retirement System; creditable service; veterans; military service.

HB 590

Retirement System; members; spouse benefits; election of coverage. ........... SB 67

Retirement System; retirees; private criminal law practice. ................. SB 225

Retirement System; transfer credit; Employees' Retirement System.

HB 1006

Secretary to DA; pay schedule when transfers to Superior Court. ........... HB 1218

Service as Prosecutor in State Court; provide by local law. ................. HB 1430

DIVORCE (Also See Domestic Relations or Alimony)

Alimony or Child Support; violated orders; employed persons. ................ SB 7

Cases In Which There Are No Minor Children; final form of judgment.

HB 1145

Child Custody Disputes; presumption of joint custody; rebuttal.

SB 616

Child Custody; parental visitation; findings of family violence. ............... SB 120

Child Custody; right of child to select custodial parent at age 12. ............ SB 684

Child Support; computation; gross income and special circumstances.

SB 290

Child Support; failure to pay; contempt proceedings; legal defense. ........... SB 61

Child Support; orders to maintain life insurance to benefit child.

SB 423

Common-law Marriages Entered Into After January 1, 1997 are Invalid. HB 1278

Same Sex Marriages Prohibited; no contractual rights; public policy.

HB 1580

Surname From a Previous Marriage; legal surname after remarriage. ........ HB 695

DOCTORS OF THE DAY Anderson, Dr. Larry .................................................... Page 222 Balsley, Dr. Robert ..................................................... Page 392 Buckley, Dr. Alice ...................................................... Page 558 DeLay, Dr. Brad ....................................................... Page 995 Dudley, Dr. Ainsworth .................................................. Page 806 Easterling, Dr. Kathy .................................................. Page 264 Fowler, Dr. Ray ........................................................ Page 729 Gamwell, Dr. John ..................................................... Page 370 Garner, Dr. Cyler ...................................................... Page 108 Giesler, Dr. Garnett ................................................... Page 1132 Gleason,Dr. John ...................................................... Page 764 Glen, Dr. John ........................................................ Page 1054 Greene, Dr. Lewis ...................................................... Page 856 Harsch, Dr. John ...................................................... Page 1214 Horowitz, Dr. Lonny .................................................... Page 145 Hutchinson, Dr. J.R.B. .................................................. Page 58 Kaufmann, Dr. James ............................................ Pages 84, 1740 Knowles , Dr. Van ..................................................... Page 950 Kumar, Dr. Ashok ..................................................... Page 437 Lanier, Dr. Bob ........................................................ Page 173

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INDEX

2359

DOCTORS OF THE DAY (Continued)

McDaniel, Dr. Burton ............................................

Page 1491

Malcom, Dr. Ed .................................................. . . Page 121

Maxey, Dr. Joy ..................................................

Page 25

Palerino, Dr. Robert ..............................................

Page 694

Price, Dr. Tom ...................................................

. Page 907

Rogers, Dr. Harrison .............................................

Page 192

Smith, Dr. George L., Ill..........................................

Page 1227

Snell, Dr. William E. ............................................. . Page 1296

Sumner, Dr. Jean ................................................ . Page 1740

Suttles, Dr. Bobby ...............................................

Page 97

Tillman, Dr. Ralph .................................................... . Page 651

Tummillo, Dr. Doris ................................................... Page 35

Yancey, Dr. Donald ................................................... Page 222

Yarbrough, Dr. John .................................................. Page 73

DODGE COUNTY Board of Education; election districts; terms. ............................ Dodge County-Eastman Development Authority; bond interest rates. ....... Heart of Georgia Regional Development Center; ratify membership. Property Conveyance; surplus aircraft technology building; convey to Dodge County-Eastman Development Authority. .............................

HB 1720 HB 1548 HR 826
HR853

DOGS Guide or Service Assistance Dogs; unlawful actions against; penalty. ....... HB 1268 Police Accelerant Detection Dogs; offense of destroying, injuring. .......... HB 655

DOMESTIC RELATIONS

Adoption of Children; persons petitioning; criminal records check. ......... . SB 714

Adoption; parent or guardian prohibited sell child for money. ............. SB 130

Alimony, Child Support; public retirement benefits subject to. ............. SB 719

Alimony or Child Support; violated orders; punishment; obligations. .......

SB 7

Child Abuse; access to records; naming abuser in state registry. ........... SB 575

Child Abuse, Georgia Study Committee; creation. ........................ SR 164

Child Abuse Prevention Program Offering Support to Families; define. . SB 654

Child Abuse; State-wide Prevention Panel; administrative agency. ......... SB 493

Child Custody; appeals to appellate courts; expedite decisions. ............ SB 726

Child Custody; considerations; awards in best interest of child. ............ . SB 348

Child Custody Disputes Involving Alleged Abuse; court jurisdiction.

SB 729

Child Custody; evidence of child abuse; supervised visitation only. ......... SB 727

Child Custody; foster care, adoption services; study committee. ............ SR590

Child Custody; granting visitation rights to noncustodial parent.

SB 246

Child Custody; interference with visitation of noncustodial parent. ......... SB 219

Child Custody; parent visitation; findings of family violence.

SB 120

Child Custody; presumption of joint custody; rebuttal. .................... SB 616

Child Custody; right of child to select custodial parent at age 12.

SB 684

Child Support; computation; gross income and special circumstances.

SB 290

Child Support; failure to pay; contempt proceedings; legal defense ......... SB 61

Child Support Orders; review and adjustments in amount of award. ....... . SB 348

Child Support; orders to maintain life insurance to benefit child.

SB 423

Child Support Recovery; noncomplying occupational business licensees.

SB 227

Divorce Cases In Which There Is No Minor Child; form of judgment.

HB 1145

Family Violence; actions constituting cruelty to children.

SB 159

Family Violence Cases; superior court costs; total sum of fee. .............. . SB 117

Family Violence; criminal battery acts; state commission membership.

SB 610

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2360

JOURNAL OF THE SENATE

DOMESTIC RELATIONS (Continued)

Family Violence Intervention Program Within Correctional System; inmate

counseling; condition of parole. ......................................... SB 157

Family Violence or Domestic Violence Victims Filing Criminal Charges; abolish

court and sheriffs fees, associated costs. ................................ HB 1569

Family Violence; parent visitation; conditions when may be awarded. ........ SB 120

Family Violence; persons convicted certain offenses; appeal bonds. ........... SB 544

Family Violence; redefine offenses; victim review of incident report. .......... SB 397

Family Violence Shelters; DHR approval; eligibility for funding.

SB 513

Family Violence; simple battery; third conviction; felony offense. ............. SB 341

Family Violence, State Commission on; additional members; terms. .......... SB 608

Family Violence Victims; insurers prohibited refuse renew policy. ............ SB 679

Family Violence Victims; notice of offender release; resource information shall

be provided by law enforcement, courts. ................................. SB 209

Firearms Protection for Minors; unsafe storage; criminal penalty. ............. SB 72

Grandparent Visitation Rights; disputes; guardian ad litem; mediator.

SB 365

Grandparent Visitation Rights to a Minor Child; change provisions.

SB 640

Husband and Wife; giving of evidence; crime occurred prior marriage. ........ SB 8

Inheritance Laws; comprehensive revision; O.C.G.A. Titles 29, 53.

HB 1030

Juvenile Court Proceedings; parent accountable for failure appear.

HB 1299

Juvenile Protective Orders; parent to enter substance abuse program.

SB 551

Marriage; common-law marriages invalid after January 1, 1997.

HB 1278

Marriage Is the Union of a Man and a Woman; declare public policy; same sex

marriages prohibited. ................................................. HB 1580

Marriage Licenses; legal surname; surname from previous marriage.

HB 695

Marriages Between Persons of Same Sex Not Valid in Georgia. .............. SB 681

Minor Children; malicious property damage; parent liability. ................ SB 255

Parental Rights; grounds for termination; placement of child; reunification

plans; petition for adoption. ............................................ SB 611

Parental Rights Shall Not be Infringed; amend Constitution. ................ SR 167

Parental Rights; termination; placement of child in best interest. ............ SB 619

Parenting and Home Economics Education in Schools. ....................... SB 6

Paternity Petitions; guardian ad litem for minor; appointment.

HB 339

Person Living With AFDC Custodial Parent; consideration of income ........ SB 378

Pre-K Family Services Coordinators; prohibited activities. .................. SB 694

Spousal Testimony; certain criminal offenses against person's spouse. ........ SB 234

Teenage Pregnancy Prevention; effectiveness of programs; study. ............ SR 515

Visually Impaired Parents; driving privileges of child accompanying. ......... SB 515

DOOLY COUNTY; Motor Vehicle Registration; 4-month nonstaggered period HB 1679

DOUGHERTY COUNTY

Confirm, Perpetuate Naming of State Highways for Thomas Jefferson.

HR 852

Magistrate Court; additional full-time magistrate. ......................... HB 1797

Superior Court; senior judges; county

supplement ......................................................... HB 1705

DOUGHERTY JUDICIAL CIRCUIT; Superior Court judges; county supplement ............................................................ HB 1705

DOUGLAS COUNTY

Board of Education; members; compensation. ............................. HB 1860

Joint Study Committee on Pilot Projects in Douglas Judicial Circuit.

SR 274

Lithia Springs Community Improvement Districts; create.

HB 1057

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INDEX

2361

DOUGLAS COUNTY (Continued) Tax Commissioner; school taxes; reduce funds retained to collect. ............ SB 772 Water and Sewer Authority; ex officio member; Lithia Springs mayor. ...... HB 1858 Water and Sewer Authority; membership. ................................ HB 1527

DOUGLAS COUNTY GIRLS FAST PITCH SOFTBALL TEAM; commend SR 453

DOUGLASVILLE, CITY OF Water and Sewer Authority; ex officio member; Lithia Springs mayor. ...... HB 1858 Water and Sewer Authority; membership. ................................ HB 1527

DOVER, HONORABLE BILL; commend

SR 726

DRIVER IMPROVEMENT CLINICS, SCHOOLS

Driver Improvement Program; contracts to administer; privatization. ........ SB 760

Driver Training Students; exemptions; licenses and learner's permits. ........ SB 544

Driving Permits; extend privileges of certain 15 year olds. .................. SB 515

Learner's Permit While Taking Instruction; exempt drivers 21 or over.

SB 505

Lottery for Education Funds; include driver education instruction. ........... SB 683

Young Driver Defensive Driving Course; persons under age 17. .............. SB 741

Youth Taking Driver Education Training; driver's license exemption. ........ SB 504

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Applicant Examination, Tests, Brochures Written in English Language. ...... SB 265

Commercial; operator disqualifications; out-of-service orders. ................ SB 288

Deny Issuance of License to Operate for Child Support Noncompliance. ...... SB 227

Drivers Under Age 18; intermediate licenses; conditions imposed. ............ SB 741

Driving Permits; extend privileges of certain 15 year old persons. ............ SB 515

DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; persons convicted 2nd offense; red stripe marker on license. ............ SB 544

DUI Violations; persons under age 18; license suspended 12 months. ......... SB 763

DUI Violations; persons under age 18; license suspension period. ............. SB 65

Exemption; persons age 15 taking approved driver education training.

SB 504

Fraudulent Issuance of Personal ID Cards; untruthful identification.

SB 253

Handicapped ID Cards; false identification; intent to deceive. ............... SB 198

Identification Cards; false documents; sales to minors; penalties. ............ SB 578

Learner's Permit While Taking Instruction; exempt drivers 21 or over. ....... SB 505

Licenses, ID Cards; applicant fingerprinting; improperly obtaining or using;

habitual violators; replacements; prohibit defacing.

HB 256

Minor Drivers' Negligence, Misconduct; liability of certain adults.

SB 771

Minors; issuance requirements; school attendance, academic compliance.

SB 98

Motorcycle Operator Safety Training Required; protective headgear.

HB 1230

Organ Donor Information; disclosure; state-wide registry purposes.

HB 1331

Organ Donors; accidents involving fatal injury; actions to verify.

SB 544

Points Assessed; possessing open container of alcoholic beverage.

SB 60

Privatization; Public Safety Department services; contracts. ................. SB 760

Records; disseminate information to U.S. military for recruiting.

HB 1736

Records, Information; rental car companies access thru GeorgiaNet.

SB 544

Records; Rental Car Companies access to customer driving records.

SB 724

Replacement Permit or License; issuance for remaining period; fees. ......... HB 146

Seatbelts, Child Safety Restraints, Increased Vehicle Speed Limits.

SB 606

Seatbelts; passenger vehicles; offense of failure to wear; penalty.

SB 646

Stolen License; free replacement copy; free copy of police report. .............. SB 37

Vehicle License Plates on Both Front and Rear; committee to study. ......... SR 615

Young New Drivers; committee to study phased in driving privileges.

SR 580

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2362

JOURNAL OF THE SENATE

DRIVING UNDER INFLUENCE, DUI

Alcoholic Beverages; possession of open container in vehicles. ................ SB 60

Convicted Drivers; issuance of distinctive, marked licenses. ................. SB 211

Drivers Under Age 18; DUI offenses; license suspension, no permits. ...

SB 65

Drivers Under Age 18; DUI violations; license suspended 12 months. ..... SB 763

Drivers Under Age 21; zero tolerance of alcohol exceeding 0.02 grams.

SB 118

Drivers Under Age 21; zero tolerance of alcohol or drugs; penalties. ........... SB 79

Driving Under Influence of Glue, Aerosol or Toxic Vapors; penalties. ......... SB 560

Eliminate Acceptance of a Plea of Nolo Contendere to Charges. .............. SB 121

Evidence of Intoxication; test results of 0.08 blood-alcohol. ................... SB 66

Habitual Violators; impoundment of license plates; new plates bear special

markings; eliminate pleas; mandatory term of imprisonment. .............. SB 79

Nonresident Offender; increased fines in lieu of community service. .......... SB 443

Persons Convicted 2nd Offense; red stripe marker on license. ............... SB 544

Persons Indicted or Accused DUI Vehicular Homicide; time for trial.

SB 524

Plea of Nolo Contendere; eliminate acceptance of. .......................... SB 525

Violations; habitual violators, minors; increased penalties. .................. SB 568

DRUG TESTING Drug Tests Required of Temporary Employees; employer pay test costs. Elected State Officers; random testing for use of illegal drugs. Elections; write-in candidates; certify negative drug test results. Elections; write-in candidates; mandatory drug testing certificates.

SB 490 SB 240 SB 506 HB 1232

DRUGS AND DRUG ABUSE

Addiction Counselors; licensing requirements; trainee exemption. ............ SB 542

Controlled Substance Violations; change penalties; change listing. .......... HB 1555

Controlled Substances; dangerous drugs lists; records; labels. ............... SB 565

Controlled Substances; dangerous drugs; transaction records; change listing; add

butorphanol; nitrous oxide violations. ................................... HB 342

Controlled Substances; drug distributors, researchers, pharmacies; licensure;

registration; prohibited acts. ................................... ....... SB 495

Controlled Substances, Marijuana; felony violations; trial upon accusations. SB 494

Controlled Substances; prescribed drugs; intractable pain treatment. ......... SB 523

Dangerous Drug Products; reverse drug distributors; registration.

HB 611

Drug Abusers; emergency evaluations; certain counselors, therapists.

SB 620

Drug-free Commercial Zone; designation; arrested persons sentencing. ...... HB 1654

Drug-free Workplace Policy; violation; unemployment benefits denied. ....... HB 1270

Drug Related Crimes; use of certain weapons; enhanced penalties.

HB 308

Drug Related Criminal Offenses; parole conditions for inmates. .............. SB 154

Drug Related Indictments on Same Parcel of Property; nuisance. ........... HB 1287

Drug Testing; random procedures; elected state officers.

SB 240

Drug Testing; write-in candidates for state and county offices. ............... SB 506

Drug Tests Required of Temporary Employees; employer pay test costs.

SB 490

DUI Alcohol; zero-tolerance for drivers under age 21. ....................... SB 118

DUI; convicted drivers; issuance of distinctive, marked licenses.

SB 211

DUI; drivers convicted 2nd offense; red stripe marker on license. ............ SB 544

DUI; eliminate acceptance of a plea of nolo contendere to charge. ............ SB 525

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; nonresident offender; increased fines in lieu community service.

SB 443

DUI; persons indicted or accused vehicular homicide; time for trial. .......... SB 524

DUI; violations; increased penalties, punishment, loss of license. ............ SB 568

Felony Offense of Providing Drugs to Juveniles in Custody of DCYS.

HB 1197

Hunting Prohibited Under Influence of Alcohol, Drugs; penalties.

SB 530

Illegal Drugs; urge Congress use Military resources to Combat. ............. HR 259

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INDEX

2363

DRUGS AND DRUG ABUSE (Continued)

Inhalants; glue, aerosol, toxic vapors; DUI offenses; penalties. ............... SB 560

Juvenile Protection; order parent to enter substance abuse program. ......... SB 551

Marijuana Possession; misdemeanor violations; court jurisdiction. .......... HB 1322

Methadone Treatment; authorize certain clinic pharmacies dispense. ........ HB 1496

Minors; school course relative to dangers involved; Public Safety. ............ SB 11

Objects Packaged Like Drug Paraphernalia; prohibit sale to minors. ......... SB 509

Person Convicted Drug Offenses; license to carry firearm prohibited.

SB 624

Pharmaceutical Drug Manufacturers, Sellers; proportional pricing. .......... SB 300

Pharmaceutical Drugs for Medical Care; urge rapid review, approval. ........ SR 567

Pharmacists; prescribed drugs; generic drug substitution; conditions.

SB 309

Prescription Drugs; authority of advanced practice registered nurses. ........ SB 627

DRY CLEANING SOLVENTS; waste contaminated sites; corrective actions. . SB 56

DUBIN, CYNTHIA ELLEN; University System Scholar; commend ........... SR 668

DULUTH, CITY OF; corporate limits; amend description. ................... HB 1796

DUNNAVANT, SYLVIA; 'Celebrating Life: African American Women Speak Out

About Breast Cancer'; commend

SR 643

E

EARLY COUNTY; Board of Commissioners; staggered terms of office

HB 1870

EAST COWETA HIGH SCHOOL CHORAL GROUPS Commend .............................................................. SR 509 Commend .............................................................. SR 630

EASTMAN, CITY OF; State Owned Aircraft Technology Building; convey to

Dodge County-Eastman Development Authority.

HR 853

EATONTON, CITY OF; designate; Gregory Bridge over Little River. ........ HR 1004

ECHOLS COUNTY; Superior Court Judges; increase county supplement.

HB 1762

ECONOMIC DEVELOPMENT

Aerospace, Global Telecommunication Marketing; economic study.

SR 487

Agribusiness; poultry feed grain problems; committee to study.

SR 478

Agriculture Business Incentives; investment tax credits; study of.

SR 694

Aircraft Engine Remanufacturing; extend freeport exemption to.

HB 667

Banks; governance of interstate merger transactions and branching. ......... SB 492

Branch-Banking; establishment at any location within state.

SB 312

Branch-Banking; expansion; community banks within groups of counties.

SB 165

Business Development Corporations; member loans; rate of interest.

HB 1078

Business Expansion Incentives; income, sales tax credit, exemption. ........ HB 1501

Coastal Resources; activities injurious to economy; study of. ................. SR 540

Community Improvement Districts; nonresidential property; create. ......... SR 497

Competitive Contracting System for Public Goods and Services.

SB 407

Electronic Commerce; legal framework; study of digital signatures.

SR 621

Georgia Future Communities Commission; extend to 1997.

HR 987

Industrial Development Bonds, Loans; redefine business; sunset.

HB 323

Joint Study Commission on Economic Development and Revitalization in South

Fulton County. .............. ......................................... SR 101

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2364

JOURNAL OF THE SENATE

ECONOMIC DEVELOPMENT (Continued)

Minority Business Participation in State Contracts. ......................... SB 73

Natural Gas Service in a Deregulated Market; committee to study. .......... SR 518

Recycling Industries; committee to study economic benefits. ................. SR 432

Regional Development Centers; contracts; exception to prohibitions.

HB 1497

Regional Development Centers; regional boundaries; ratify transfer of Bulloch

County to Coastal RDC. ............................................... HR 878

Regional Development Centers; territorial boundaries; Heart of Georgia RDC;

transfer Newton County to Northeast Georgia RDC. ...................... HR 826

Regional Development Centers; territorial boundaries; ratify changes. ........ HR 323

Regional Development Centers; territorial boundaries; transfer of Newton

County to Northeast Georgia RDC. ..................................... HR 823

Rural Transportation and Economic Development Council; creation.

SB 591

South Fulton County; economic growth and progress; study commission. . . . . . SR 427

Trade and Technology Center, Savannah State College; advisory board. ...... SB 672

Transportation Needs; create legislative oversight committee. ............... SB 572

Urban Redevelopment Law; change references of slum to distressed.

HB 1255

EDGE, SENATOR ARTHUR B.; commend ................................. SR 635

EDUCATION (Also See Colleges and Universities or Schools or Teachers)

Academic Decathlon for High School Students; commend organizers.

SR 577

AFDC Child Recipients; LEARNFARE pilot program; school attendance.

SB 298

AFDC Grants; children receiving; school attendance requirements.

SB 119

AFDC Public Assistance; eligibility; school attendance requirements.

SB 13

Agricultural Education; sciences, economic skills; program review. ........... SR 163

American Heritage Affirmations or Documents; encourage in schools. ........ SB 324

American Heritage in Education; affirmations or documents; use of historic

landmarks as facilities. ................................................. SB 71

Appropriations; requiring not less than 50% of all state funds. ............... SR 46

At-risk Students; additional grant program; percentage to be used.

SB 214

At-risk Youth; after-school academic programs for school dropouts. ........... SB 64

Athens Tech Satellite Campus; urge name Charles W. Yeargin Building.

SR 270

Blue Ribbon Study Committee on Funding Quality Basic Education Act.

HR 769

Boards of Education; duties; publish current school financial status. ......... SB 518

Boards of Education; elected members; term limitations ..................... SR 3

Boards of Education; limit authority to incur debt. .......................... SR 28

Boards of Education; members; nonpartisan election without primary. ....... SB 184

Boards of Education; new member orientation; training requirements. ....... SB 516

Boards of Education; new members; school finance training. ................. SB 517

Charter Schools; contracts for a special school; criteria; procedure. ........... SB 235

Code Revision; Title 20; correct errors and omissions. ...................... HB 1195

Compulsory School Attendance; earlier enrollment at age six. ............... SB 190

Correctional Facilities; programs for youth and adult offenders.

SB 228

County Boards; vacancies; members qualifying other elective office. .......... SB 722

County Governing Officials; eligibility; educational requirements. ............ SB 181

Crossroads Alternative School Program; training site options. ............... SB 710

DeKalb School System Magnet Programs for High Achievers; commend.

SR 400

Department; authority of State School Superintendent. .................... SB 552

Department; officers and employees; exclude classified service. .............. SB 538

Department; powers of State School Superintendent to organize. ............ SB 709

Department; reorganization by State School Superintendent. ................ SB 536

Designate; Rosa M. Tarbutton Memorial Library in Sandersville. ............ HR 161

Driver Education Training; student license exemption; eye exams. ........... SB 504

Driver Training; high school students; license exemption; eye exam. ......... SB 544

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INDEX

2365

EDUCATION (Continued)

Education Reform Act; create Office of School Readiness; designate new state

library agency; powers of state superintendent. .......................... SB 709

Educators Technology Training Commission; creation. ...................... SR 555

Educators Technology Training Study Committee; create. ................... SR 554

Employee Charitable Donations; define qualified organizations. ............. HB 1454

Facility Requirements; registered historic landmarks; QBE funding. .......... SB 71

Funding Methods; alternative sources of revenue; study committee. .......... SR 613

Funding; teacher computer training; migrant student grants; exceptional growth

systems. ............................................................... SB 46

Georgia Education Leadership Academy; duties; training workshops.

SB 516

Georgia School Food Service Association and Members; commend ............ SR 435

Georgia School for Deaf; Crossroad Alternative School training sites. ......... SB 710

Georgia School for the Deaf and Atlanta Area School; consolidation. .......... SB 63

Georgia Student Finance Authority; additional powers and employees. ....... SB 641

Grant Funds; After-School Academic Programs; calculating attendance. ...... SB 717

Grants; specialized program choices; magnet, theme, extended hours. ........ SB 645

Hearing Impaired Services; consolidate single state school for deaf. ........... SB 63

High School Students; community service requirements. .................... SB 196

High Schools; prescribed courses; home economics including parenting.

SB 6

In-school Suspension Classes; supervisors; qualifications. .................... SB 10

Institute of Continuing Judicial Education; seminars for judges. ............. SB 292

Juvenile Felony or Delinquent Acts; notice to school officials. ................. SB 30

Kindergarten, Pre-K Certification; transfer duties to new agency. ............ SB 709

Kindergarten, Pre-K Family Services; coordinators; duties. .................. SB 694

Kindergarten; Pre-K Lottery Funds Distribution; child care agencies. ........ SB 761

Learning Resources System and Psychoeducational Network; reorganize. ...... SB 62

Libraries; public; designate new state library agency to manage. ............ SB 709

Libraries; restrict access to minors to harmful materials.

SB 630

Local School Boards; elections; term limitations. ........................... SB 340

Local School Boards; financial operations statement; publication. ............ SB 518

Local School Boards; health insurance coverage for members.

SB 676

Local School Boards; historic landmarks as public school facility. ............. SB 71

Local School Boards; new members; accounting and finance training.

SB 516

Local School Boards; new members; school finance training.

SB 517

Local School Boards; underfunded items; QBE funds; study committee.

HR 769

Local School Districts; sharing special purpose county sales tax.

SR 180

Local School System Financial and Accounting Personnel; training.

SB 593

Local School Systems; capital outlay projects; sharing special purpose county

sales tax proceeds. ..................................................... SR 20

Local School Systems; include both county and independent system.

HB 807

Local School Systems; litigation costs involving child committed to state

facilities; reimbursement. ............................................. HB 1610

Local School Systems; multiyear contracting powers; limitations.

SB 428

Local School Systems; sharing special purpose county sales tax.

SR 125

Local Schools With 50% Student Academic Deficiencies; management by state

until corrected. ......................................................... SR 25

Local 1% Sales Tax for Education;; specific capital outlay projects; authorize

imposition upon referendum approval. .................................. HR 728

Lottery for Education; purposes; financing teacher computer training. ......... SB 46

Lottery for Education; purposes; grants for disabled persons.

SB 158

Lottery Proceeds; disposition; grants to local school systems.

SB 445

Lottery Proceeds; prekindergarten programs; allocation of funds.

SB 761

Lottery Proceeds; scholarships; public assistance recipients. ................. SB 432

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2366

JOURNAL OF THE SENATE

EDUCATION (Continued)

Lottery Proceeds; use for driver education instruction. ...................... SB 683

Medical Facilities Under Board of Regents; purchasing powers. .............. SB 550

Minors; driver's license requirements; school attendance, academics. .......... SB 98

Nonpublic Postsecondary Education Commission; powers; tuition equalization

grant funds. .......................................................... SB 100

North Georgia College ROTC Program; nonresident study tuition. .......... HB 1156

North Georgia College; support military program, Corps of Cadets. ......... HR 1074

Office of School Readiness; creation. ...................................... SB 709

Parental Right to Direct Education of Their Children. ...................... SR 167

PeachNet; computer stations; legislative data from GeorgiaNet. ............. SB 337

Postsecondary; Georgia Military College; trustees; trusts; sale or property;

scholarship program. .................................................. SB 549

Postsecondary; grants; children of veterans or national guard member. ....... SB 247

Postsecondary; medical school scholarships; repayment in service. ........... SB 262

Postsecondary; tuition equalization grants; approved schools. ................ SB 362

Pre-kindergarten; voluntary programs; screened toilet facilities. ............ HB 1211

Professional Practices Commission; hearings involving educators. ............ SB 294

Professional Practices Commission; members; expense reimbursement. ....... SB 291

Professional Standards Commission; duties; fraudulent certificates.

SB 296

Professional Standards Commission; exemption; certificated testing. ......... SB 429

Public High Schools; Scholastic Aptitude Test preparatory course.

SB 528

Public; prohibit discrimination or preferential treatment.

SB 82

Public Records; fees for copying, search, retrieval of documents.

HB 1170

Public School Officials; notify release of juvenile felony offender. ............ HB 1370

Public School Personnel; decreases in local salary supplements. ............. SB 218

Public Schools; computer access; legislative data through PeachNet. ......... SB 337

Public Schools; curriculum; prescribe course to foster family units. ........... HB 885

Public Schools; disciplinary hearings; assault and battery offenses. .......... SB 637

Public Schools; encourage environmental studies; outdoor classrooms.

SR 614

Public Schools; home economics instruction to include parenting.

SB 68

Public Schools in Atlanta, Fulton County; uniform student dress code. ....... SB 621

Public Schools; prescribed courses; dangers of alcohol and drugs. ........... HB 1362

Public Schools; required evaluation; exemption under accreditation.

SB 9

Public Schools; use of pesticides, fumigants; notice requirements.

HB 1317

Public Schools; voluntary prayers, devotions, classes on morals. ............. SB 507

QBE; advanced placement test fees; students in private schools. ............. SB 282

QBE; appropriation of funds; change program weight formula; increase salary

for national teacher certification ....................................... HB 1785

QBE Capital Funding; exceptional growth; migrant student grants. ......... HB 1202

QBE Funding; migrant student grants; exceptional growth systems. .......... SB 46

QBE Funding; review of inflationary adjustment, under funded items; Blue

Ribbon Committee to Study. ........................................... HR 769

QBE; funding weights; special education programs; add new category.

HB 500

QBE; local fair share funds; alternative method to calculate.

SB 174

QBE; local fair share; retention of funds; increased student count.

SB 173

QBE; midterm adjustment amount relative training and experience.

SB 175

Regents Retirement Plan; board of trustees; mutual fund investments.

HB 172

Regional Service agencies, RESAs; uniform statewide local needs program

grants; components; relationship with State Board. ...................... HB 1754

Religious Freedom Act of 1996; voluntary prayers or devotions

SB 507

RESA, Regional Educational Service Agencies; reorganization. ............... SB 62

Sales Tax; exemption; sales by public elementary, secondary schools. ......... SB 42

Sales Tax on Public Accommodations for Education Purposes. ............... SB 732

Refer to numerical index for page numbers

INDEX

2367

EDUCATION (Continued)

Sales Tax, Special County 1% for Education Purposes; requirements. ....... HB 1399

School Agencies; fees for copying, search, retrieval of documents. ........... HB 1170

School Attendance; children receiving public assistance; LEARNFARE. ....... SB 298

School Attendance; teenage welfare recipients; LEARNFARE. ................ SB 13

School Dropouts; academic requirements for a driver's license. ............... SB 98

School Dropouts; employment skills training; Youthbuild Program. .... SB 315

School Enrollment Eligibility; children age 5 years by December 1. .......... SB 708

School Facilities Construction; architectural and engineering plans; professional

responsibility; ownership. .............................................. HB 383

School Holidays; urge designation of Veterans Day. ........................ SR 232

School Superintendents; employment contracts; duration; extensions.

... SB 613

School Systems; grants from lottery proceeds. .............................. SB 445

Schools for the Deaf; special education services; student placement. .......... SB 521

Schools; pocket pagers or electronic devices; permission policy. ............. HB 1214

Schools; sales of items, tickets to benefit; sales tax exemption.

HB 1399

Sex Education Courses; parental consent; duty of local school boards. ........ SB 392

Special Education; services for persons with disabilities; funding. ............ HB 500

Special Education Services; schools for the deaf; student placement. ......... SB 521

Special Purpose 1% County Sales Tax; requirements for certain debt.

HB 1166

Specialized Program; magnet, theme schools or extended hours; grants. ...... SB 645

State Board; election by General Assembly; board appoint State School

Superintendent. ........................................................ SR 24

State Board; eliminate authority to provide food-processing programs. ........ SB 90

State Board; members; per diem expenses, actual transportation cost.

SB 483

State Board; repeal provisions which created the. .......................... SR 379

State Museum Authority Facilities and Collections; provide for. ............ HB 1169

State School Superintendent; authority; agency organization; staff. .......... SB 709

State School Superintendent; authority to employ, dismiss employees. ........ SB 26

State School Superintendent; functions; personnel management.

SB 20

State School Superintendent; limitation of terms of office. .................... SR 2

State School Superintendent; limitation of terms of office. .................... SR 30

State School Superintendent; limitation of terms of office. .................... SR 39

State School Superintendent; limitation of terms of office. ................... SR 161

State School Superintendent; powers; reorganize Education Department. . . . . . SB 552

State School Superintendent; powers to abolish Department of Education on

6-30-96 and to reorganize and reopen 7-1-96. ............................ SB 536

Student Academic Deficiencies; local school plans of remediation. ............. SR 25

Student Assessment Tests to Measure Performance; change provisions.

SB 11

Student Disciplinary Decisions; notice, timing; appeal procedures. .......... HB 1444

Student Incentive Grant Funds; children receiving VA benefits.

SB 247

Student Loans, Grants; estimated costs; survey; statistical summary. ........ SB 381

Students; at-risk youth; after-school academic program grants. ............... SB 64

Students; compulsory school attendance; earlier enrollment age. ............. SB 190

Students; disciplinary hearings to justify expulsion or suspension.

SB 637

Students Enrolled Private Schools; advanced placement exam fees. ........... SB 83

Students Enrolled Private Schools; advanced placement test fees.

SB 282

Students; grades 9 through 12; community service requirements. ............ SB 196

Students Required Attend Judicial Proceedings; unlawful actions of

educators. ........................................................... HB 1115

Superintendent of the Year; commend Dr. Patrick J. Russo. ................. SR 436

Teachers; certificated personnel; exemption; certain written testing. ......... SB 429

Teachers; disciplinary actions; Professional Practices Commission. ........... SB 294

Teachers Ineligible Retirement; health insurance monthly premiums. ....... HB 1099

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2368

JOURNAL OF THE SENATE

EDUCATION (Continued)

Teachers; instructional periods; class sizes; maximum students. ............. SB 212

Teachers, Other School Personnel; fraudulent credentials; penalties. ......... SB 296

Teachers Receiving National Certification; increase state salary. ............. HB 678

Teachers Retirement; absences from employment due to pregnancy. ......... HB 588

Teachers Retirement; benefits; changes made to a local pension fund. ........ HB 963

Teachers Retirement; creditable service; reestablish withdrawn

contributions. ......................................................... HB 586

Teachers Retirement; disability benefits; effective date. .................... HB 1025

Teachers Retirement; eligibility after 25 years regardless of age.

... HB 691

Teachers Retirement; membership; payment of reinstatement fees. .......... HB 977

Teachers Retirement; veterans entitled military service credit. .............. HB 590

Technical and Adult; computer access to legislative data; PeachNet. ......... SB 337

Technical and Adult, Department of; designate state library agency. ......... SB 709

Technical and Adult; sale of student instructional projects. ................. HB 1590

Technical and Adult; urge designation of Charles W. Yeargin Building. ...... SR 270

Technical Institutes; barber and cosmetology programs; licensing. .......... HB 1582

Teenage Pregnancy Prevention; supervised after-school programs. ........... SR 515

Textbook Selection; requests by superintendents; approval method. ........... HB 15

Textbook Selection; state board recommendation; approval procedure. ......... SB 12

University System; computer access; legislative data via PeachNet.

SB 337

University System; employees engaged in professional counseling or student

peer counselors; license exception ....................................... SB 542

University System; optional retirement plan; contribution rate. .............. HB 173

Urge Schools Inform Children of Dangers of Stranger Abduction. ............ SR 511

Vendors Who Sell or Contract with State Government; disclosure of gifts to

public employees. ...................................................... SB 19

EDUCATION REFORM ACT OF 1996; enact.

SB 709

EFFINGHAM COUNTY; State Court; solicitor; change salary ............... HB 1766

ELBERT COUNTY Athens Tech Satellite Campus; urge name Charles W. Yeargin Building. . . . . . SR 270 State Court Judge and Solicitor; salaries. ................................. HB 1428
Urge Congress Reject Proposal to Sell Hydroelectric Dam Facilities. ......... SR 433

ELBERT COUNTY HIGH SCHOOL FOOTBALL TEAM; commend

SR 397

ELDERLY

AARP Day at the Capitol; declaring ....................................... SR 586

Abused or Financially Exploited; study of Adult Protective Services. ......... SR 121

Assisted Living Communities; new category of facilities housing ambulatory

residents. ................................ HB 460

Emergency Guardians; appointment when ward needs medical services. ...... SB 143

Family Caregiver Support; inhome care demonstration grant program. ....... HB 587

Financial Power of Attorney; naming person to handle affairs.

SB 145

Guardians for Incapacitated Adults; criteria; remove advanced age. .......... SB 146

Guardians for Incapacitated Persons; persons functioning as counsel. ........ SB 147

Guardianship Statutes, Power of Attorney; joint committee to revise. ........ SR 399

Guardianships and Power of Attorney; committee to study statutes. .......... SR 77

Medicare Supplement Policies; implement 1994 Social Security Act. ......... SB 756

Medicare Supplement Policies; implement 1994 Social Security Act.

HB 1404

Nursing Home Administrators; provisional licenses. ........................ HB 280

Nursing Home Inspections; disclosure; DHR worksheets, documents.

HB 1583

Persons Intentionally Targeting an Elder or Disabled Person with Intent to

Commit Theft through Telemarketing; penalties. ........................ HB 1400

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INDEX

2369

ELDERLY (Continued)

Persons to Report Exploitation by a Caretaker; bank employees. ............. SB 395

Senior Georgians Week at the Capitol; declaring. .......................... SR 523

Silver-Haired Legislature; commend ...................................... SR 558

Telephone Solicitation; high pressure selling; urge regulation of.

SR 298

Victims of Family Violence; representation on a state commission. ........... SB 610

Victims of Family Violence; representative to state commission. ............. SB 608

ELECTED OFFICIALS (See Public Officers or Elections)

ELECTION, SPECIAL; Senate district 21; Robert Lamutt elected; Johnny Isakson resigned ................................................... Pages 17, 52

ELECTIONS (Also See Ethics in Government and Voting)

Amend Constitution; abolish State Board of Pardons and Paroles.

SR 456

Amend Constitution; allow fees for agricultural processing industries for

promotion of products. ................................................. HR 367

Amend Constitution; allow island property within constitutional removed.

SR 228

Amend Constitution; Appropriations Act Previously Enacted; prohibit

amendments increasing expenditures. .................................... SR 26

Amend Constitution; appropriations; authorize Governor to reduce; overriding

such reduction. ....................................................... SR 175

Amend Constitution; authorize levy surcharge on property insurance to refund

emergency management, disaster relief. ................................. HR 854

Amend Constitution; authorize Local 1% Sales Tax for Education. ........... HR 728

Amend Constitution; authorize Technology Related Assistance Trust Fund for

Individuals with Disabilities. ........................................... SR 391

Amend Constitution; change minimum age for election to Senate. ........... SR 531

Amend Constitution; child abuse treatment centers; additional criminal, traffic

fees to fund. .......................................................... SR 162

Amend Constitution; congressional, state officers; term limitations.

SR 161

Amend Constitution; create State Commission on Judicial Compensation.

SR 97

Amend Constitution; create Technology Related Assistance Trust Fund for

Disabled Persons. ..................................................... SR 166

Amend Constitution; creation of community improvement districts for

nonresidential properties. .............................................. SR 497

Amend Constitution; enterprise zones; employer tax credits. ................. SR 64

Amend Constitution; enterprise zones; separate property tax treatment. ....... SR 63

Amend Constitution; establish Environmental Trust Fund.

SR 504

Amend Constitution; establish fund to assist entities damaged by pollution of

Chattahoochee River. .................................................. SR 386

Amend Constitution; General Assembly and other elected officers; term

limitations. ............................................................ SR 30

Amend Constitution; General Assembly elect State Board of Education; board

appoint State School Superintendent. ............................ ....... SR 24

Amend Constitution; General Assembly; four-term limitation. ................ SR 35

Amend Constitution; General Assembly; term limitations; six terms. .......... SR 36

Amend Constitution; General Assembly; unexpired terms; vacancies prior final

six months; appointment by Governor. .................................. SR 287

Amend Constitution; hazardous waste; funding corrective activities.

SR 128

Amend Constitution; Initiative Petition and Referendum Process.

SR 60

Amend Constitution; limit power of state to levy ad valorem taxes. .......... SR 389

Amend Constitution; local government debt limitations. ..................... SR 28

Amend Constitution; local officials; term limitations. ........................ SR 3

Amend Constitution; members of Georgia Senate; provide 4-year terms. ...... SR 425

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2370

JOURNAL OF THE SENATE

ELECTIONS (Continued)

Amend Constitution; prohibit amend previously enacted general appropriations

Act increasing expenditures. ........................................... SR 251

Amend Constitution; protection of parental right to direct upbringing and

education. ............................................................ SR 167

Amend Constitution; provide for the creation of a State Land Trust.

HR 1129

Amend Constitution; provide State Board of Education elected by General

Assembly. ............................................................ SR 465

Amend Constitution; public initiative petition process. ....................... SR 4

Amend Constitution; public initiative petition process ....................... SR 23

Amend Constitution; public initiative petition process. ....................... SR 66

Amend Constitution; public initiative petition process.

SR 115

Amend Constitution; public initiative petition process. ...................... SR 236

Amend Constitution; public officers; term limitations.

SR 2

Amend Constitution; public officers; term limitations; four-terms.

SR 39

Amend Constitution; Recycling and Solid Waste Reduction; authorize state fund

to develop capabilities. ......................................

SR 428

Amend Constitution; repeal Intangible Personal Property Taxation.

HR 734

Amend Constitution; repeal provisions creating State Board of Education.

SR 379

Amend Constitution; schools with student academic deficiencies below minimum

standards; state to manage. ............................................. SR 25

Amend Constitution; special purpose county sales tax; education purposes. SR 125

Amend Constitution; special purpose county sales tax; local school districts

sharing of proceeds. ................................................... SR 180

Amend Constitution; special purpose county sales tax; proceeds sharing;

education projects. ..................................................... SR 20

Amend Constitution; state budget; requiring 50% for education.

SR 46

Amend Constitution; state debt; limitations upon financing terms. ........... SR 168

Amend Constitution; state expenditure limitations; local mandates.

SR 176

Amend Constitution; state-wide election; Pardons and Paroles Board.

SR 34

Amend Constitution; taxes, fees, assessments imposed by General Assembly;

required vote. .......................................................... SR 61

Amend Constitution; taxes, fees, assessments imposed by General Assembly;

required vote .......................................................... SR 78

Amend Constitution; taxes, fees limited to a combined rate of 10%. .......... SR 390

Ballots; placement of candidates filling unexpired term of office.

HB 1318

Boards of Education; members; nonpartisan election without primary.

SB 184

Campaign Contributions; consulting services; restrict use of funds. ........... SB 18

Campaign Contributions; disclosure; report accuracy; loans to campaign

committees; return excess contributions. ................................. HB 868

Campaign Contributions; lobbyists to file independent expenditures.

SB 489

Campaign Contributions; persons acting on behalf of motor carriers.

SB 667

Candidates; write-in candidacy; filing notice of intent; drug tests.

SB 506

Congressional and Legislative Redistricting; effect of changes on membership of

certain boards and bodies. ............................................ HB 1336

County Boards, Superintendents; ineligible persons; vacancies.

SB 499

County Governing Officials; eligibility; educational requirements.

SB 181

County, Municipal Elected Officers; term limitations. ....................... SB 340

Date of 1996 General Primary, Runoff; candidate qualifying; polling places

outside precinct boundaries certain counties. ............................. SB 192

General Assembly; members of Senate; four-year term of office.

SR 425

General Assembly Members; prohibited gifts from lobbyist, businesses. ....... SB 570

Judges of Court of Appeals; new judgeship appointed after 7-1-96.

SB 750

Local Boards of Education; vacancy; member qualifying other office.

SB 722

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INDEX

2371

ELECTIONS (Continued)

Municipal; change numerous provisions relative to voting, registration,

deadlines; precinct boundaries; ballots. ................................. HB 1518

Municipal; qualifying periods; number of days; commencement, ending. .... . HB 1252

Municipal; voting by absentee ballot; elector's choice. ...................... HB 1723

OCGA; Title 21, Elections; correct errors and omissions. ................... HB 1196

Polling Places; display of U.S. Flag on election day. ......................... SB 33

Polling Places; voting booths; married persons occupying together.

SB 189

Public Service Commission; election of members from five districts. ......... HB 1372

Question to Voters; imposing special county sales tax; resubmitting.

HB 1367

Referendum, Statewide; ad valorem tax exemption; certain van, buses. ....... HB 756

Referendum, Statewide; repeal intangible tax on personal property. ......... HB 1101

Referendums; approve special 1% county sales tax for education.

HB 1166

Referendums; imposition of local sales tax for educational purposes.

HB 1399

Senate; election of members; qualifications; reduce minimum age. ........... SR 531

Senatorial District 33; change composition. ................................ SB 449

Senatorial Districts 48, 56, 21 and 32; change descriptions. ................. SB 677

Special; candidates filling unexpired term; position on ballot. ............... HB 1318

Special Elections Designed to Bring Proposed Question to Voters.

SB 744

Special Elections; voter registration deadlines. ............................ HB 1518

State Board of Education; members; election by General Assembly. .......... SR 465

State Employees; political activities; permitted and prohibited.

SB 584

Statewide Referendum; nonprofit museums; ad valorem tax exemption.

HB 252

Voter Registration Data; public inspection; use of private vendors. .......... HB 1518

Voter Registration Laws Enacted Complying 1993 federal Act; repeal.

SB 252

Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ....... SB 355

Voter Registration Lists; purging names of deceased persons.

HB 1420

Voter Registration; 1993 federal Act; financial burden to state.

SR 130

Voting by Absentee Ballot; elector may choose without giving reason. ....... HB 1723

Voting in Primaries; nominating political party candidates; ballots.

SB 135

Voting Precincts; additional method to change boundaries; notices.

HB 1415

Voting, Registration, Registrars, Precinct Boundaries, Purging Voter Lists,

Ballots, Qualifying; revise numerous provisions. ......................... HB 1518

Write-in Candidates; filing certification of mandatory drug testing.

HB 1232

Write-in Candidates; filing; date; negative drug test. ....................... SB 506

ELECTRIC UTILITIES

Consumer Choice in Electricity Act; deregulate utility industry. ............. SB 486

Consumer Choice in Utilities Study Committee; create. ..................... SR 387

Hydroelectric Dam Facilities in Elbert County; opposing sale of.

SR 433

Joint Deregulation of Electricity Study Committee; create. .................. SR 439

ELECTROLOGIST; clinics and schools; regulation; licensure; registration. . SB 85

ELECTRONIC TECHNOLOGY, TRANSMISSIONS

Aerospace, Global Telecommunications Marketing; economic study.

SR 487

Authenticating Electronic Messages, Digital Signatures; study of. ............ SR 621

Civil Actions; nonstenographic depositions by electronic means. ............. SB 283

Digital Signatures; system to authenticate computer communications.

SB 736

Educators Technology Training; state commission to develop. ............... SR 555

Educators Technology Training Study Committee; create. ................... SR 554

Educators; use of lottery proceeds to train in use of computers. ............... SB 46

Electronic Data Systems for Property Valuation, Tax Assessments.

HB 1382

Electronic Filing of Real Estate Appraiser Applications. ................... HB 1525

Fraudulent Practices; transmitting misleading data electronically.

HB 1630

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2372

JOURNAL OF THE SENATE

ELECTRONIC TECHNOLOGY, TRANSMISSIONS (Continued)

GaNet Authority; exemption; electronic data; 'Georgia Register'. ............. SB 725

General Assembly; updating technological needs; commission to study. ...... HR 1032

GeorgiaNet Authority; computer access; General Assembly activities. ........ SB 337

Intercepting Private Communication Which Invades Privacy of Another.

SB 74

Law Enforcement Investigations; use of electronic trace devices. ............. HB 341

Printing; works of fine art; right to duplicate; customer statement.

HB 873

Property Records; state-wide uniform automated information system. ....... HB 1613

Property Tax Assessment; new electronic data processing systems.

HB 1683

Schools; pocket pagers or electronic devices; permission policy. ............. HB 1214

Taxes Paid by Electronic Funds Transfer; transmitting documents.

HB 1124

Technology Related Assistance for Individuals with Disabilities Act.

SB 295

Telemarketing or Internet Activities; intentional criminal theft.

HB 1400

Telephone Conferencing; state boards, agencies, committees; notices. ........ HB 1366

Telephonic Facsimiles; tax notices to dealers, employers.

HB 1586

Theft of Telecommunication Services; unlawful acts defined; penalty. ........ SB 597

ELM STREET ELEMENTARY SCHOOL, NEWNAN; presented colors, led in Pledge ................................................................ Page 795

ELSBERRY, KEN; commend .............................................. SR 605

EMERGENCY MANAGEMENT (Also See Disaster Emergencies or Military)

Emergency Management, Preparedness and Assistance Trust Fund; authorize

levy surcharge on property insurance; amend Constitution.

HR 854

Emergency Management Preparedness and Assistance Trust Fund; create. HB 1440

State Military Property and Fiscal Officer; designation; authority. .......... HB 1293

EMERGENCY MEDICAL SERVICES

Ambulances; emergency 911 calls; committee to study misuse, abuses. ........ SR 57

Criminal Interference of Emergency Medical Personnel; penalties.

SB 607

Dangerous Drugs; issuance to providers only by licensed pharmacies.

SB 495

Emergency Nonconsensual Treatment of Persons Who Attempt Suicide.

SB 534

Rapid Assessment and Care; prohibit insurer require authorization. ......... SB 680

State-wide System of Trauma Care, Triage, Transportation; provide. .......... SB 70

Technicians; fatal vehicle accident scene; identify organ donors.

SB 544

EMERGENCY SERVICES LAW; immediate medical care; enact. ............ HB 1575

EMINENT DOMAIN; Code Revision; Title 22; correct errors and omissions. . . HB 1195

EMPIRE REAL ESTATE BOARD, INC.; commend

SR 543

EMPLOYEE HEALTH BENEFIT PLAN, STATE; local school board member coverage. ...................................... ........................ SB 676

EMPLOYEES' RETIREMENT SYSTEM

Benefits; service allowance; members with 33 years service. ................. SB 149

Creditable Service; Georgia Housing and Finance Authority employees.

HB 978

Creditable Service; options for county DFACS employees; extend time.

HB 1070

Creditable Service; out-of state civilian government service. ................. SB 439

Creditable Service; previous membership; method to re-establish. ............ HB 852

Creditable Service; prior service as GBI narcotics agent. .................... HB 449

Creditable Service; temporary employment by legislative branch. ........... HB 1046

Dependent Child Predeceases Retired Member; options. ................ ... HB 244

District Attorneys; transferring certain prior service credit.

HB 1006

Membership; county juvenile detention employees transferred DCYS. ........ SB 435

Membership; employees of Federal-State Shipping Inspection Service.

HB 1012

Membership; employees of mental health community service boards. .......... SB 4

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INDEX

2373

EMPLOYEES' RETIREMENT SYSTEM (Continued)

Membership; employees of North Georgia Mountains Authority. ............. HB 407

Membership; persons transferred to Office of School Readiness. .............. SB 709

Withdrawn Contributions; reestablishing ERS, TRS creditable service.

HB 586

EMPLOYMENT

Employee Job Performance; disclosure of information by employer.

HB 1492

Employee Leasing Companies; sale of professional employer organization

services; licensure. ......... .......................................... HB 555

Medical Savings Accounts; employer/employee arrangements; urging. ........ SR 288

Minors Prohibited Work Where Fireworks Stored or at Public Displays.

HB 1014

Person Gainfully Employed; violated child support or alimony orders.

SB 7

Private Industry; reemployment rights; absence due military service. ........ SB 299

Probationary Period; termination of permanent status employees.

SB 333

Sexual Harassment in Work Environments; prohibitions; posting signs. ...... SB 268

Smoking, Using Tobacco Products in Places of Employment Prohibited. ...... SB 236

Temporary Help Contracting Firms; drug testing; employer pay costs.

SB 490

Unclaimed Wages Not Presumed Abandoned; disposition after one year ...... SB 594

Unemployment Compensation; entitlement; early retirement. ............... HB 367

Unemployment Compensation; increase weekly benefit amount; state-wide

reserve ratio computation. ............................................ HB 1375

Unemployment Insurance Program, Trust Fund, Taxes, Benefits; study.

HR 1110

Wage Earners; public assistance recipients; prohibit deny benefits. .......... SB 379

Workers' Compensation; benefits; false statement to obtain; penalty. ...

SB 301

Workers' Compensation; benefits; fraud investigations; penalties. ............ SB 323

Workers' Compensation; change provisions relating to injury, benefits, civil

penalties, impairment ratings, rehabilitation suppliers. .................. HB 1291

Workers' Compensation; medical services providers; billing errors. ........... SB 441

Workers' Compensation; policyholders; premiums; merit rating plan. ........ HB 1494

Workers' Compensation; Subsequent Injury Trust Fund Study Committee. . . . SR 247

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations)

Employment Security Law Study Committee; create. ...................... HR 1110

Unemployment Compensation; employee leasing companies. ................ HB 555

Unemployment Compensation; employer contribution rate; Statewide Reserve

Ratio. ............................................................... SB 537

Unemployment Compensation; employer contribution rates; benefits subject

taxation; violation of drug-free workplace policy. ........................ HB 1270

Unemployment Compensation; employer contributions; State-wide Reserve

Ratio; increase weekly benefit amount. ................................. HB 1375

Unemployment Compensation; entitlement; early retirement.

...

HB 367

Unemployment Compensation; federal taxes; urge state control. ............. HR 981

Unemployment; coordination of benefits with Workers' Compensation.

HB 1291

Unemployment Insurance Program; administration of; study committee.

HR 1110

ENGINEERS AND LAND SURVEYORS

Land Surveyors; damage actions against; period of limitation. ............... SB 303

Plans for Public School Buildings; responsibility; ownership. ................ HB 383

State Board of Registration; employ attorney as legal assistant.

SB 739

ENGINEERS DAY IN GEORGIA; declaring February 6. .................... SR 454

ENGLISH LANGUAGE Designate as Official State Language for Public Records, Meetings. Drivers License Applicant Exams or Brochures in the English Language.

SB 519 SB 265

ENGLISH, RACHEL KATHLEEN; commend .............................. SR 533

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2374

JOURNAL OF THE SENATE

ENTERPRISE ZONES

Creation for Separate Tax Treatment Purposes. ............................. SR 63

Creation in Unemployment Areas; employer tax exemptions, credits.

SR 64

ENTERTAINMENT

Alcoholic Beverages; sales at private clubs anytime on Sundays.

SB 585

Entertainment Arenas, Facilities; restroom facilities for women.

SB 614

Offenses of Public Indecency; punishment; cumulative to other laws. ........ HB 1531

ENTOMOLOGY ACT; definitions; eradication of plant pests. ................ HB 1269

ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous

Materials)

Air Pollution Control; vehicle emission inspections; requirements. .......... HB 1290

Amend O.C.G.A. Title 12; update references; certain effective dates.

HB 1224

Antifreeze; recycled, reclaimed or reprocessed; vehicle servicing.

HB 1442

Asbestos Contractor Licensing; transfer duties Division of DNR.

HB 1636

Charitable Organizations; state employee donations from wages.

HB 1454

Coastal Resources; zone management program; committee to study.

SR 540

Dry Cleaning Solvent Wastes; contaminated sites; corrective actions.

SB 56

Environmental Assessment; sales of commercial, industrial facilities.

SB 96

Environmental Trust Fund; establish for reparation of damages.

SR 504

Hazardous Materials; pesticides; use in public buildings; notices.

HB 1317

Hazardous Site Reuse and Redevelopment Act; enact.

HB 1227

Hazardous Waste; corrective actions; funding; state may incur debt.

SR 128

Lead-Based Paint Hazard Reduction Program; state agency designate.

SB 554

Litter Control, Illegal Dumping; Municipal Environmental Courts. ........... SB 108

Pollution, Waste Reduction; noncompliance factors; confidentiality.

SB 244

Product Packaging; require biodegradable or recyclable containers.

SB 335

Recycling Plans; urge host communities develop at Olympic venues.

SR 426

Solid Waste Disposal Sites; cities of 1,500; location restriction.

SB 501

Solid Waste Disposal Sites; municipal landfills; restrict location.

HB 1118

Solid Waste Handling Facility; factors to consider to grant permit.

SB 579

Solid Waste Reduction; intergovernment coordination; landfill siting.

HB 148

Spillage Controls; motor fuel deliveries directly into vehicle tank. ............. HB 39

State Land Trust; creation; protect environmentally sensitive land.

HR 1129

Vehicle Emission Inspections; centralized testing prohibited. ................ SB 251

Waste Management; authorize recycling and solid waste reduction fund to

develop state's capabilities. ...

SR 428

Waste Reduction; Recycling and Economic Development Study Committee. SR 432

Water Pollutants; sewage and waste disposal; permit restrictions. ........... SB 648

Water Pollution; Chattahoochee River; assistance to entities damaged.

SR 386

Water Pollution; Chattahoochee River or Its Tributaries; violations by sewer

wastewater treatment plants; penalties; sanctions. ....................... SB 500

Water Pollution Controls; authority of Board of Natural Resources. ......... HB 1788

Water Pollution Controls; metro Atlanta area needs; study committee.

SR 620

Water Pollution; lower Chattahoochee communities; loans to address.

SB 497

Water Pollution; sewerage and waste disposal; permit restrictions. .......... HB 1504

EPPEVGER, MACK EDWARD, SR.; condolences on the passing. ............. SR 599

EQUINES Livestock Dealers; definitions; inclusion of term 'equines'. .................. HB 1310
Veterinary Services at Equine Sales Relating to Animal Health. ............ HB 1311

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INDEX

2375

EROSION; Water Pollutants; land-disturbances; run-off; fisheries. ............ HB 350

ESTATES (Also See Wills and Property) Administration of Property, Assets, Sales and Conveyances; comprehensive revise O.C.G.A. Titles 29 and 53. ...................................... HB 1030 Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ....... SB 347 Guardians; assets of beneficiary of U.S. Dept of Veterans Affairs. ............ SB 596 Wills; self-proved codicils; officer authorized take affidavit. ................. HB 1234

ETHICS IN GOVERNMENT (Also See Elections or Public Officers) Campaign Contributions; disclosure requirements. ......................... HB 868 Campaign Contributions; disposition; payment for consulting services. ........ SB 18 Campaign Contributions; persons acting on behalf of motor carriers. ......... SB 667 Disclosure of Anything of Value Given State Employee by a Vendor. .......... SB 19 General Assembly Members; prohibit acceptance of certain gifts. ............ SB 570 Lobbyists; independent expenditures; reports; prohibited actions. ............ SB 489 State Employees; political activities; permitted and prohibited. .............. SB 584

EUBANKS, IDA, 109TH BIRTHDAY; commend. ........................... SR 442

EVACUATION PLANNING; Southern Regional Emergency Management Compact. .......................... .................................... SB 387

EVANS COUNTY City of Bellville; new charter. ........................................... HB 1768 Designate; Aden Massey Highway; Hwy 280 through City of Hagan. ......... SR 570 Heart of Georgia Regional Development Center; ratify membership. ......... HR 826

EVIDENCE

Admissibility; medical reports; cases involving injury or disease. ............. SB 421

Admissible; videotapes depicting motor vehicle traffic violations. ............. SB 444

Admission of Photographs, Motion Pictures, Videotapes, Audio Recordings;

method of introduction. ............................................... HB 1235

Child Abuse; admissible testimony; statements of child to another. .......... SB 124

Crimes Occurring Prior Marriage; witnesses; spousal testimony. .............. SB 8

Criminal Cases; investigative subpoenas; presence of victim at court; witness

fees; order of testimony. ............................................... HB 338

Criminal Proceedings; witnesses; depositions; nonresident aliens. ........... HB 1479

Inmates; examination of packages mailed to a court. ....................... SB 514

Witness Fees; Natural Resources law enforcement officers entitled. ......... HB 1199

Witness Testimony; depositions of nonresident aliens

...

HB 1644

Witnesses; felony cases; delete disclosure of social security number, .......... SB 272

Witnesses; privileged communications; admissible spousal testimony.

SB 234

Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110

Workers Compensation; claims; findings of fact; deciding issues. ............. SB 704

EXAMINING BOARDS, STATE (Also See Professions and Businesses)

Asbestos Licensing Board; repeal; transfer duties to DNR. ................. HB 1636

Auctioneers Commission; consumer advocate member; inspection powers.

HB 779

Board of Pharmacy; powers; licensing, registrants, exams, sanctions. ......... SB 495

Construction Industry Licensing Board, Roofing Contractor Division. ......... SB 342

Electrologists; clinics, schools; regulation; licensure; registration.

SB 85

Georgia Board of Athletic Trainers and Massage Therapists; create. ......... SB 452

Georgia Real Estate Appraisers Board; powers; investigations. .............. SB 465

Hypnotherapist Registration Law; establish as regulated profession. ......... SB 662

Insurance Agents; licensure; contracts; change provisions. .................. SB 757

Investigators Employed by Secretary of State; retirement membership. ....... HB 958

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2376

JOURNAL OF THE SENATE

EXAMINING BOARDS, STATE (Continued)

Licensing Authorities; disciplinary actions; frivolous appeals; notice of felony

convictions. .......................................................... HB 1493

Licensing Entities; interagency agreements; child support recovery. .......... SB 227

Marriage and Family Therapists; licensure eligibility; use of titles. .......... SB 705

Medical Physicians; duties relating to radiological technology. ............... SB 743

Medical Physicians of Other States, Countries; register consultants. ......... SB 742

Physician's Hospital Staff Privileges; restrict basis for denial.

HB 1394

Plumbers and Journeyman Plumbers; change term; scope of practice.

SB 553

Professional Counseling; licensing requirements; exceptions.

SB 542

Professional Counselors, Social Workers, Marriage and Family Therapists;

access to medical records of licensees. ................................... HB 273

Professional Engineers, Land Surveyors; state board; legal assistant.

SB 739

Professional Rehabilitation Counselors; licensing; certification. .............. SB 368

Real Estate Appraisers Board; approve educational instructors. ............ HB 1525

Real Estate Commission; reciprocal licensing agreement other states. ....... HB 1525

State Board of Barbers; exemption; public technical institutes.

HB 1582

State Board of Cosmetology; exemption; public technical institutes. ......... HB 1582

State Board of Hearing Aid Dealers and Dispensers; membership. .......... HB 1429

Structural Pest Control Commission; business license examinations.

SB 351

EYEGLASSES, CONTACT LENSES, VISUAL CARE (See Medical Practice)

FACSIMILE DEVICES, TRANSMISSIONS Invasion of Privacy; intercepting private communication or messages. Tax Notices to Dealers, Employers; serving notices of delinquency.

SB 74 HB 1586

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Cemetery Owners; failure to maintain property or burial merchandise. Consumer Transactions; deceptive practices; promotion schemes; consumer reporting agencies. ............................................ Fraudulent Transactions Involving Timber or Agriculture; penalties. Insurance; policies; specified premiums and charges. Insurers Using Genetic Information to Deny Coverage Prohibited. Motor Vehicle Sales Finance Act; delinquency charge limitations. Pawnbrokers; credit terms, interest rates; advertising restrictions. Professional Employer Organizations Act; employee leasing company. Retail Installment, Home Solicitation Sales; when seller not liable. Retail Motor Fuel Outlets; signs indicating no rest room facilities. Used Car Dealers; sales or leases; disclose to purchaser other liens.

SB 359
HB 1632 HB 907 HB 42 SB 233 SB 574 SB 269 HB 555 HB 1647 SB 360 SB 153

FAIRCLOTH, HELEN PURSER; 1996 Artist of the Year; commend. ......... SR 421

FALSE PUBLIC ALARMS; bomb or explosive hoax devices; criminal penalty. SB 636

FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources and

Public Assistance)

Adult Protective Services; committee to study elder abuse.

SR 121

Employees of a County DFACS; ERS retirement membership; deadlines. . . . . HB 1070

FAMILY CAREGIVER SUPPORT ACT; Grants to Adults to Help Stay in Home Rather Than Institutions. ................................................ HB 587

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INDEX

2377

FAMILY VIOLENCE (Also See Domestic Relations or Crimes)

Civil Cases; superior court costs; total sum of fees. ......................... SB 117

Courts; funding for crime victim assistance programs, shelters. .............. SB 609

Intervention and Counseling Program Within Correctional System. .......... SB 157

Investigations; reports; victim review; redefine acts of violence.

SB 397

Juvenile Court Judges; training relative to protection of children.

SB 730

Offense of Criminal Battery; defined; prescribe punishment. ................. SB 610

Offense of Cruelty to Children; allow witness certain felony acts. ............ SB 159

Offense of Simple Battery; third conviction; punishment; felony. ............. SB 341

Persons Convicted Certain Acts of Family Violence; appeal bonds. ........... SB 544

Public School Curriculum; family violence, child abuse prevention. ........... HB 885

Safety of Victims in Awarding Child Custody or Parental Visitation. ......... SB 120

Shelters; temporary receiving facilities; approval and funding. ............... SB 513

State Commission; additional members; stagger terms; extend to 2002. ...... SB 610

State Commission; additional members; stagger terms of appointment. ....... SB 608

Victim Incident Report; prohibit insurers nonrenew certain coverage. ........ SB 679

Victims Filing Criminal Charges; abolish court fees, costs. ................. HB 1569

Victims; notice of offender release; provide with referral resources. ........... SB 209

FANNIN COUNTY

Board of Commissioners; meetings. ....................................... SB 692

Board of Education; elections; terms; compensation. ........................ SB 734

Board of Registration and Elections; term of office; poll workers.

SB 748

High School Football Team; commend

......... SR 503

High School Girls Basketball Team; commend ............................. SR 701

FARM BUREAU REPRESENTATIVE; Wayne Dollar introduced, remarks Page 192

FARMS AND FARMERS (Also See Agriculture)

Agribusiness Industries; continuing education programs; study of. ........... SR 163

Agricultural Liming Materials; compliance; revise, modernize laws. .......... SB 657

Bonds of Agricultural Product Dealers; filing breach of conditions.

HB 1279

Drivers Employed by Agribusiness; urge hours of service exemption.

SR 581

Family Farm Corporations; preferential ad valorem tax assessment. ....... SB 598

Family Farm Limited Partnerships; preferential tax assessment. ............ SB 656

Family Owned Farm Entities; conservation use covenants; ad valorem.

HB 1458

Seeds, Plants, Commercial Fruit/Nut Trees; amend Georgia Seed Law. ....... SB 583

1995 Farmer of Year Award; commend Marilyn and Donnie Smith.

SR 579

FARROW, SENATOR STEVE; commend upon occasion of his retirement.

SR 718

FAYETTE COUNTY Ad Valorem; school taxes; homestead exemption; elderly residents. State Court; judge and solicitor; election date.

HB 1707 HB 1594

FECH, ROBIN; ASA Flight Attendant's Heroic Efforts; commend ............. SR 407

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Calling for Conference of States; restore State-Federal Partnership. .......... HR 280

Congress; proposed balanced budget amendment H.J. Res. 1; ratifying.

SR 272

Congress; urge resist efforts to assign U.S. military forces to the U.N. Security

Council as a standing army. ............................................ SR 255

Defense Contractors; material purchases; sales tax exemption. ............. HB 1501

Estate Taxes; urge increase amount of gross estate exemption.

HR 290

Federal Funds Received as Block Grants; joint commission to study.

SR 495

Federal Mandates Beyond Scope of Powers; sovereignty of state. ............ SR 308

Federal Mandates; funding; meeting with Congressional Delegation.

SR 71

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

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2378

JOURNAL OF THE SENATE

FEDERAL GOVERNMENT (Continued)

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Funds Received as Block Grants; committee to study efficient use. ........... SR 411

Medical Savings Accounts; urge Congress enact legislation. ................. SR 288

Middle Georgia Regional Airport; renewal of lease agreement. ............... SR 528

Military Bombing Ranges; municipal landfill site restrictions. .............. HB 1118

Military Recruiting; use Georgia driver's license records. ................... HB 1736

National Voter Registration Act; repeal provisions enacted by state.

SB 252

National Voter Registration Act; repeal provisions enacted by state.

SB 355

National Voter Registration Act, 1993; urge provide funds or repeal.

SR 130

Pharmaceutical Products; urge facilitate rapid review, approval.

SR 567

School Lunches, Breakfasts, Reduced-priced Meals; urge support for.

SR 179

Transportation Enhancements; urge Congress reauthorize TEA program. . SR 281

Urge U.S. Support Taiwan's Admission to United Nations Membership

SR 410

U.S. Flag; display in rooms used for election polling places. .................. SB 33

U.S. Military Forces; opposing transfer to United Nations command. ......... SR 455

FEED THE CHILDREN ORGANIZATION; Larry Jones; introduced, remarks .............................................................. Page 1393

FERTILIZERS Foliar or Liquid; plant nutrients; redefine "guaranteed analysis". Georgia Liming Materials Act of 1996; revise, modernize laws.

SB 655 SB 657

FIDUCIARY Administration of Estates; revise O.C.G.A. Titles 29 and 53. Guardians; beneficiaries U.S. Department of Veterans Affairs. Negotiable Instruments; revisions to Uniform Commercial Code.

HB 1030 SB 347
HB 1388

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINANCIAL POWER OF ATTORNEY; Statutory Form; naming person to handle affairs; creating an agency. ........................................ SB 145

FINANCIAL TRANSACTION CARD FRAUD; prohibited acts; prosecution. HB 656

FINCHER, W. W. 'BILL', JR.; designate highway to honor.

SR 506

FINES AND FORFEITURES

Additional Assessments for Technology Related Assistance Trust Fund. ...... SB 295

Additional Penalties for Child Abuse Treatment Programs.

SR 162

Criminal Littering; increase fines by state law.

... SB 107

Fines; disposition; law enforcement officer training; disbursements. .......... SB 155

FIRE ANTS

Committee to Study; creating ............................................ SR 293

Elimination, Control Methods; committee to study.

SR 602

FIRE PROTECTION AND SAFETY

Arson, Explosives and Destructive Devices; illegal acts; enhanced penalties;

detection, disposal; duty of explosive material owners. ..............

SB 636

Building Codes and Standards; order of precedence. .........

HB 1221

Emergency Management, Disaster Relief Trust Fund; authorize levy surcharge

on property insurance; amend Constitution. ............................. HR 854

Emergency Management Preparedness and Assistance Trust Fund; create. HB 1440

Emergency Medical Personnel; prohibit obstructing, hindering duties.

SB 607

Emergency 911 Ambulances; committee to study irresponsible calls.

SR 57

Firefighter Appreciation Day; designate in February. ....................... SB 626

Firefighters' Recognition Day; commend ................................... SR 460

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INDEX

2379

FIRE PROTECTION AND SAFETY (Continued)

Firemen's Pension Fund; benefits; increase monthly pension. ................. SB 91

Firemen's Pension Fund; dual membership; Peace Officers Benefit Fund.

SB 163

Firemen's Pension Fund, Joint Study Committee; creation .................. HR 995

Firemen's Pension Fund; members; increase eligible firefighters.

SB 186

Firemen's Pension Fund Study Committee; creation. ....................... SR 727

Fireworks, Explosives; storage magazines; licenses; display permits; inspections;

prohibit employ minors. ............................................... HB 1014

Georgia Firemen's Pension Fund; joint committee to study.

SR 572

Jekyll Island-State Park Authority; fees; fire protection services.

SB 665

Local Public Safety Agencies; reports; maximum copying fee. ................ SB 558

Municipal, County, and Volunteer Fire Departments Nomenclature Act. . HB 1484

Rental Properties; actions against tenant reporting code violations. .......... SB 601

Rental Properties; noncompliance safety codes; repair work expenses.

SB 599

Safety Fire Commissioner; rules; Americans with Disabilities Act Accessibility

Guidelines.

...................... HB 653

School Facilities; building permits; certificate of occupancy. ................. HB 383

Smoking in Place of Employment; restrictions; signage. ..................... SB 236

Volunteer Fire Departments; formation of nonprofit corporations.

SB 416

FIREARMS AND WEAPONS

Dangerous Weapons; machine guns, sawed-off rifles, shotguns or silencers;

enhanced criminal penalties. ........................................... HB 308

Explosives, Chemical, Biological, Destructive Devices or Projectile Producing

Firearms; illegal acts; enhanced penalties. ......................... ... SB 636

Felony Offense of Possession; juveniles in custody of DCYS. ................ HB 1197

Firearm Serial Numbers; computer database; automated Dial Gun Check.

SB 122

Firearms Dealers; handgun purchasers; state background check law.

HB 513

Firearms; possession of concealed weapons; when not prohibited. ............ SB 678

Firearms Protection of Minors Act; storage of loaded firearm within access;

criminal penalties; state-wide referendum. ................................ SB 72

Firearms; sales or transfers; electronic background records check.

SB 106

Handguns; pistols, revolvers; only one purchase within 30-day period.

SB 109

License Specifications; electronic delays in Brady records checks. ............ SB 678

Pawnbrokers; failure to secure firearms; resultant criminal acts.

SB 269

Peace Officers; retirees of local agencies; carrying of pistols.

SB 454

Pistols, Revolvers; carrying a concealed weapon; authorized persons.

SB 624

Pistols, Revolvers; potential buyers; state background check law.

HB 513

Use of Deadly Force in Self Defense; require every head of household maintain

a rifle, shotgun or pistol. ............................................... SB 171

FIREMEN'S PENSION FUND

Benefits; increase monthly pension. ........................................ SB 91

Benefits Subject Domestic Relations Orders Defined.

SB 719

Dual Membership in Peace Officers' Annuity and Benefit Fund.

SB 163

Firemen's Pension Fund; joint committee to study. ......................... HR 995

Firemen's Pension Fund Study Committee; creation. ....................... SR 727

Members; increase eligible firefighters. .................................... SB 186

FIREWORKS; Storage Magazines, Public Displays; licenses; permits; inspections; nonmanufacturers; prohibit employ minors. ............................... HB 1014

FISHING (Also See Game and Fish) Commercial Boat Fishing; restrict issuance of new licenses ................. SB 104 Regulations, Restrictions, Prohibitions; revise provisions. .................. HB 1162

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2380

JOURNAL OF THE SENATE

FLAGS, SEALS, AND OTHER SYMBOLS (Also See State Symbols) POW-MIA Flag Honoring Prisoners of War, Missing in Action; display. ....... SB 25 State Flag; change design and description. ................................. SB 44 U.S. Flag; display in rooms used for election polling places. .................. SB 33

FLOYD COUNTY Hospital Authority; membership; filling of vacancies. ...................... HB 1680 Property Conveyance; authorize sale of surplus state property. .............. SR 457 School District Ad Valorem; homestead exemption; elderly persons. ......... HB 1692

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies or Food Service)

Adulterated or Misbranded Drugs, Devices, Cosmetics; prohibited acts........ SB 495

Agricultural Liming Materials; compliance; revise, modernize laws. .......... SB 657

Animals Defined as Nontraditional Livestock for Purposes of Laws.

HB 1437

Dangerous Drugs; regulate distributors, researchers, pharmacists. ........... HB 611

Food Service Establishments; permits; food safety training. ................. SB 274

Food Service Establishments; persons handling food; requirements. ........... SB 75

Methadone Treatment; authorize certain clinic pharmacies dispense. ........ HB 1496

Pharmaceutical Drugs; pricing; restrict government purchases. .............. SB 300

Pharmacists; allow formation of professional corporations .................. HB 1326

Pharmacists; prescribed drugs; generic substitution; conditions. ............. SB 309

Plant Foods; nutrients guaranteed in foliar or liquid fertilizers. ............. SB 655

Sales Tax; exemption; food purchases; abolish state tax in 1998. ............. HB 265

Vending Machines; sales tax collection; reporting of sales. ................. HB 1229

FOOD SERVICE ESTABLISHMENTS

Fast Food Restaurants; litter abatement; increase license fees. .............. SB 503

Litter Control and Abatement; fast food restaurants; revenue source. ........ SB 617

Permits; management training, certification in food protection.

SB 274

Persons Handling Food; health certificates; wear gloves, hair nets. ............ SB 75

Restaurants; placement of information on interstate highway signs. ......... SB 769

Restaurants Using Copyrighted Music; contracts for royalty payments. ....... SB 426

FOREST PARK, CITY OF; corporate limits; change. ........................ SB 785

FORESTRY

Forest Products Trucking Rules; motor common carriers. ................... HB 609

Fort Yargo State Park Fire Tower Site; lease to City of Winder.

HR 234

Ginseng Plant Growers; registration; harvest season; permission. ........... HB 1263

Standing Timber; ad valorem taxation; pre-existing instruments. ........... HB 1553

Timber Harvesting; off-road equipment; intent of sales tax exemption. ....... SR 277

Timber Transactions; crime of misrepresenting origin or ownership.

HB 907

FORGERY AND RELATED OFFENSES (Also See Crimes and Offenses) Computer or Telephone Mailbox, Home Page; electronically transmitting misleading data. ..................................................... HB 1630 Criminal Intent to Defraud; misrepresenting origin, ownership of timber or agricultural commodities. .............................................. HB 907 Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121 Elderly, Disabled Adults Believed Exploited by a Caretaker; reports. ......... SB 395 False ID Documents; possession with intent to defraud or deceive. ........... SB 198 False Identification Documents; sales to minors; increase penalties. .......... SB 578 False Insurance Claims; fraudulent acts; investigators; penalties. ............ SB 755 False or Misleading Statement to Obtain Workers' Compensation. ........... SB 301 False or Misleading Statement to Obtain Workers' Compensation; fraud. ... . . SB 323 Fraud; deposit accounts; worthless instruments; interest payments. ......... HB 1295 Fraud In Obtaining Public Assistance or Food Stamps; penalties. ............ SB 446

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INDEX

2381

FORGERY AND RELATED OFFENSES (Continued)

Fraud; offenses involving financial transaction card accounts. ............... HB 656

Fraudulent Acts in Obtaining, Using Driver's License or ID Cards. .......... HB 256

Fraudulent Issuance of Personal ID Cards; untruthful identification. ......... SB 253

Insurance Fraud; funding investigation and prosecution expenses.

.... SB 208

Manufacture and Sale of Counterfeit Goods; criminal penalties. ............. SB 498

Medical Providers Convicted of Illegal Conduct Relative to Medicaid. ........ SB 687

Professional Educators; use of fraudulent certificates or documents. .......... SB 296

FORSYTH COUNTY

Forsyth County Water and Sewerage Act; enact............................ SB 773

State Court; creation. ................................................... HB 1712

State Court; separate court from Cherokee County; transfer records.

HB 1727

FORT OGLETHORPE, CITY OF; new charter.

SB 733

FORT YARGO STATE PARK; fire tower site; convey lease to City of Winder. HR 234

FOSTER CARE Independent Living Program Youth Day; recognizing. ...................... SR 388 State Foster Care and Adoption Study Committee; creation. ................. SR 590

FOSTER, LARRY; expressing regret at the passing ......................... SR 424

FOUR-H DAY AT THE CAPITOL; observance.

SR 474

FRANCHISES; motor vehicle; unlawful practices by franchisors.

HB 1728

FRANKLIN COUNTY

Board of Commissioners; district boundaries; technical correction.

HB 1878

Franklin-Hart Airport Authority Act; enact. ............................... SB 745

PHASER, DR. WHITMAN OF HINESVILLE; honoring. .................... SR 600

FREAKNEK COLLEGE STUDENT EVENT; study.

SR 322

FREEDOM FEST (FREAKNIK) WEEKEND EVENT; welcoming college students. ............................................................... SR 617

FREEMAN, HARRELL; express regrets at the passing. ..................... SR 415

FREEMAN, TRACI L.; University System Scholar; commend ................ SR 669

FREEPORT INVENTORY; ad valorem tax exemption; aircraft engine rebuilding. ............................................................. HB 667

FRIVOLOUS LAWSUITS Improper civil actions against persons addressing public issues. .............. SB 1 Prison Litigation Reforms; measures to rectify frivolous lawsuits. ........... HB 1284

FRONGILLO, ROBERT; expressing sympathy at the passing ................ SR 648

FULTON COUNTY

Ad Valorem; homestead exemption; certain persons; definition. ............. HB 1378

Ad Valorem; return of taxes; opening and closing of books. ................. HB 1561

Ad Valorem; tax status pending review; repeal certain provision.

HB 1771

Atlanta and Fulton County Recreation Authority; revenue bonds ........... HB 1894

Board of Commissioners; compensation. .................................. HB 1840

Board of Commissioners; compensation within budget limitations.

SB 770

Board of Education Pension Fund; teachers benefits rights.

HB 963

Building Authority; issuance of bonds for juvenile court facility.

HB 843

Counties of 400,000 or More; charitable contributions. ..................... HB 1682

Designate; Hamilton E. Holmes Drive; portion Georgia Highway 280. ....... HR 1005

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2382

JOURNAL OF THE SENATE

FULTON COUNTY (Continued)

Johnson Ferry Road; urge designate part of State Highway System.

SR 412

Library System; board of trustees; membership. ............................ SB 344

Library System; board of trustees; per diem allowance. ..................... SB 642

Magistrates; part-time magistrate; appointment; compensation. ............. HB 284

Office of County Manager; creation. ....................................... SB 376

Property Conveyance; authorize sale of surplus state property. .............. SR 457

Property Conveyance; Centennial Olympic Park owned by WCC Authority. SR 525

School Employees; minimum pension benefits; remarriage; age.

HB 749

South Fulton; commission to study economic outlook, revitalization.

SR 101

South Fulton County; economic growth, progress; commission to study.

SR 427

FUNDRAISERS, SOLICITORS

Charitable Fundraising Campaigns; paid solicitors; requirements. ........... HB 840

Charitable Solicitation Campaigns; requirements of paid solicitors. ......... HB 1266

Permits to Solicit Charitable Contributions on Local Streets, Roads. ........ HB 1198

Prohibit Unauthorized Use of Police Departments' Nomenclature.

HB 713

Prohibit Unauthorized Use of Sheriffs Offices' Nomenclature. ............... HB 1649

Prohibit Use of Fire Department Nomenclature Without Permission.

HB 1484

FUNERAL ESTABLISHMENTS; identity of Persons interred. ................ SB 43

G

GAINESVILLE, CITY OF

Gainesville-Hall County Task Force on Governmental Unification.

SR 578

School District; ad valorem tax millage rate. .............................. HB 1392

GAME AND FISH (Also See Natural Resources)

Bears; killing of bears by beehive property owners; conditions.

SB 666

Coastal Resources; zone management program; committee to study.

SR 540

Code Revision; Title 27; correct errors and omissions.

HB 1195

Fishing; commercial boats; restrict issuance of new licenses

SB 104

Fishing Regulations, Restrictions; hatcheries, public areas; possession limits,

species, lures; intoxication; parking; supervised minors.

HB 1162

Hunting; bears, turkey, deer; violations; privileges suspended. ............... SB 712

Hunting; killing of bears by beehive property owners; conditions. ........... HB 1452

Hunting While Intoxicated Prohibited; evidence; penalties; repeal certain small

game hunting prohibition. ............................................. SB 530

Long County Wildlife Management Area; access to adjoined landowners. . . . . . HR 885

Seafood; taking of shrimp by cast net; allowable limit. ..................... HB 1159

Trout Waters, Streams; buffer requirements; land-disturbing activity.

HB 350

Wild Animals Defined as Nontraditional Livestock for Purpose of Law.

HB 1437

Wildlife Management Areas; property acquisition; proceeds to fund.

SR 457

Wildlife; offenses relating bear, turkey, deer hunting; penalties.

SB 712

GAMING, GAMBLING Coin-operated Amusement Games or Devices; define lawful rewards. Gambling, Gaming, Wagering or Betting Prohibited on Indian lands. Raffles Operated by Bona Fide Non-Profit Organizations; licensing.

HB 1151 SB 123
HB 1637

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INDEX

2383

GANG VIOLENCE; crimes committed using certain weapons; penalties. ...... HB 308

GARBAGE (See Waste Management or Landfills)

GARNISHMENT

Municipal Probation Systems; actions to collect delinquent fines. ............ SB 276

Public Retirement Benefits Subject Garnishment for Family Support. ........ SB 719

Summons of Garnishment; affidavits; deputy clerk of court approval.

HB 1208

GAS, GASOLINE, PETROLEUM PRODUCTS

Competitive Natural Gas Service Study Committee; creation. ............... SR 518

Gas and Electricity Utility Services; study of consumer choices. ............. SR 387

Motor Fuel; retail outlets; signs indicating no rest room facilities. ........... SB 360

Motor Fuel Transport Tank Trucks or Tandems; direct fuel deliveries.

HB 39

GENERAL ASSEMBLY

Absence From Court or Administrative Agency Proceedings; party or attorney

attending General Assembly; continuances. ............................. HB 1626

Adjournment; February 15 to February 19. ............................... HE 1019

Adjournment; February 21 to February 26. ............................... HR 1051

Adjournment; February 29 to March 5. .................................... SR 601

Adjournment; January 12 to January 22. .................................. SR 383

Adjournment; March 15 at 12:00 Midnight to March 18. .................... SR 702

Adjournment; March 8 to March 12. ...................................... SR 645

Adjournment; Sine Die March 18, 1996. .................................. HR 1392

Adjournment; 1996 Schedule; adjourn on Fridays, reconvene Mondays.

HR 822

Annexation by Local Act; establish effective date. ......................... HB 1192

Annual Report of State Child Abuse Prevention Plan progress. .............. SB 493

Appropriations Act; Prohibit Amendments increasing expenditures. ........... SR 26

Appropriations Reduced by Governor; overriding such reduction.

SR 175

Appropriations; supplemental acts increasing expenditures prohibited.

SR 251

Authority to Provide by General Law Pardons, Parole Procedures. ........... SR 456

Bills Authorizing State Taxes, Fees or Assessments; required vote.

SR 61

Bills Creating New Judgeships; notice of intention not required. ............ HB 1065

Bills Establishing Pilot Programs Involving Courts; procedures. ............. SB 496

Bills Imposing State Taxes, Fees or Assessments; required vote. .............. SR 78

Budgetary Responsibility Oversight Committee (BROC); functions.

SB 703

Budgetary Responsibility Oversight Committee; duty; federal mandates. . SB 405

Code Revision; Title 28; correct errors and omissions.

HB 1195

Committees on Insurance; auto rate filings; Commissioner's report. ......... HB 1404

Congressional Delegation; invite to explain unfunded federal mandates.

SR 71

Elect State Board of Education Members; amend Constitution.

SR 465

Election of State Board of Education; amend Constitution. ................... SR 24

Fiscal Affairs Subcommittees; transfer of funds from budget units. ........... SB 595

GaNet Authority; legislative data; upload to Internet. ...................... SB 724

Georgia Transportation Legislative Oversight Committee; creation.

SB 572

Health Care Reform Legislation; equitable mental health coverage.

SR 437

Insurance Committees; rate filings on personal passenger vehicles.

SB 535

Joint Overview Committee for State Museum Authority; provide for. ........ HB 1169

Joint Session; invite Supreme Court Justices and Appellate Judges. ......... HR 747

Joint Session; message from Chief Justice Robert Benham. ................. HR 748

Joint Session; message from Governor; January 10. ........................ HR 746

Jointly Sponsored Bills and Resolutions; authorize introduction. ............. SB 128

Legislation Affecting Residential Housing Costs; impact note.

SB 97

Legislation Imposing Expenditures Upon Local Government; procedures.

SB 216

Legislation Mandating Expenditure Upon Local Governments; procedures.

SB 38

Refer to numerical index for page numbers

2384

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued)

Legislation Mandating Health Insurance Benefits; fiscal review. ............. SB 541

Legislative Information; public distribution through GeorgiaNet. ............ SB 337

Legislative Redistricting; effect on membership of boards, bodies. ........... HB 1336

Legislative Retirement; benefits subject domestic relations orders. ........... SB 719

Legislative Services Committee; additional members; minority leaders.

SB 28

Local Acts; annexing territory to municipal corporate limits. ................ SB 695

Local Legislation Increasing Expenditures; effective date. .................. HB 1383

Local Legislation; notice of intention to introduce; requirements. ........... HB 1385

Members and Lt. Governor; limitation of terms; amend Constitution.

SR 2

Members and Lt. Governor; limitation of terms; amend Constitution .......... SR 30

Members; annual drug testing on random basis; procedures. ................ SB 240

Members; certain gifts from lobbyists, business entities prohibited. .......... SB 570

Members; daily expense allowance; per diem differential; air travel, equipment

reimbursement. ...................................................... HB 1368

Members; limitation of four terms in office; amend Constitution. .............. SR 39

Members; limitation of term of office to four terms. .......................... SR 35

Members; limitation of terms; extend State Senators terms. ................. SR 161

Members; permit carry concealed weapons at public gatherings. ............. SB 624

Members; term limitations; six 2-year terms; amend Constitution. ............ SR 36

Members; unexpired terms; filling of vacancies. ............................ SR 287

Members; use of state seal or flag on a computer home page. ...... ........ HB 1630

Notify Governor; General Assembly Convened. ............................. SR 382

Organization and Structure; create Blue Ribbon Commission to study.

HR 1032

Part-time Employees of the Legislative Branch; retirement credit. .......... HB 1046

Senate District 33; change composition. ................................... SB 449

Senate; election of members; qualifications; reduce minimum age. ........... SR 531

Senate; four-year term of office; amend Constitution. ....................... SR 425

Senatorial Districts 48, 56, 21 and 32; change descriptions. ................. SB 677

State Boards, Agencies, Committee Meetings; telephone conferencing.

HB 1366

Veterans Affairs Overview Committee; creation. ............................ SB 747

GENETIC SCIENCES; testing information; nontherapeutic use prohibited. . . . . SB 233

GEORGE, TIMOTHY PAUL; University System Scholar; commend .......... SR 670

GEORGIA ALLTEL TELECOM, INC.; grant easement in Upson County. .... SR 458

GEORGIA BOARD OF ATHLETIC TRAINERS AND MASSAGE THERAPISTS; create. .................................................. SB 452

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI

Criminal Background Check; firearms; pawn transactions exemption. ........ SB 624

Criminal History Records; orders to modify, delete, amend or expunge. ....... SB 533

Criminal Investigations; documentary evidence; subpoena powers.

HB 338

Criminal Records Check for Firearms Purchases; electronic delays.

SB 678

Criminal Records Check of Persons Petitioning to Adopt a Child. ............ SB 714

Designate; John Frank McConnell Crime Laboratory; Chattooga County. HR 1039

Destructive Devices, Explosives, Chemical or Projectile Weapons; illegal acts;

investigations; authority. .............................................. SB 636

Employees; applicable proper and improper political activities. .............. SB 584

Firearms Background Check Law; records of potential handgun buyers. ...... HB 513

Firearms; purchaser background criminal, mental health records; electronic

transmission to dealers................................................. SB 106

Handguns; issuance of certificate for purchasing handguns. ................. SB 109

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INDEX

2385

GEORGIA BUREAU OF INVESTIGATION, GBI (Continued) Herrin, Dr. George, Jr., GBI Forensic Sciences; commend ................... SR 493 Narcotics Agents; prior service credit, Employees' Retirement. ............... HB 449 Sex Offender Conviction Data; program to register resident address. .......... SB 53

GEORGIA CHILD ABUSE STUDY COMMITTEE; creation.

SR 164

GEORGIA CODE (See Code of Georgia)

GEORGIA COLLEGE; Sigma Theta Tau International Anniversary Commend. .............................................................. SR 723

GEORGIA COUNCIL FOR WELFARE ADMINISTRATION; creation.

HB 1328

GEORGIA FARM BUREAU FEDERATION; commend

SR 488

GEORGIA GOLF HALL OF FAME; nonprofit corporation powers; tax status. ............................................................. HB 1327

GEORGIA HISTORICAL SOCffiTY "INITIATIVE 2000"; commend

SR 401

GEORGIA INDIAN AFFAIRS COMMISSION; create.

SB 266

GEORGIA INDUSTRIAL TECHNICAL EDUCATORS ASSOCIATION Commend. .............................................................. SR 393

GEORGIA LAND TRUST; create; use of public property sales proceeds.

SB 674

GEORGIA LIMING MATERIALS ACT OF 1996; enact.

SB 657

GEORGIA MILITARY COLLEGE; trustees; trusts; property; scholarships. ... SB 549

GEORGIA MUSIC HALL OF FAME AUTHORITY; allow marketing expenditures. ........................................................... SB 588

GEORGIA NATIONAL GUARD DAY; declare and commend. ............... SR 464

GEORGIA POWER COMPANY; easement, electrical lines; DeKalb County. SR 458

GEORGIA RECREATION AND PARK ASSOCIATION; commend

SR 463

GEORGIA SCHOOL FOOD SERVICE ASSOCIATION AND MEMBERS Commend .............................................................. SR 435

GEORGIA SCHOOL FOR THE DEAF

Gordon, Fannin Campuses; Crossroad Alternative School Program sites.

SB 710

Student Placement; allow parent choose school. ............................ SB 521

GEORGIA SEED LAW; on labeling; prohibited acts. ......................... SB 583

GEORGIA STATE EMPLOYEES UNION; recognizing ..................... SR 704

GEORGIA STATE UNIVERSITY; Dr. William Suttles, President Emeritus; Commend .............................................................. SR 409

GEORGIA STUDENT FINANCE AUTHORITY

Education Grants; surviving children of veterans or National Guard.

SB 247

Powers; transfer employees from Georgia Student Finance Commission. ...... SB 641

Tuition Equalization Grants; redefine approved schools. .................... SB 362

Refer to numerical index for page numbers

2386

JOURNAL OF THE SENATE

GEORGIA SUGGESTION SYSTEM ACT; enact.

HB 1803

GEORGIA YOUTHBUILD PROGRAM; apprenticeships.

SB 315

GEORGIANET AUTHORITY

Driver's License Records; access to Rental Car Companies via GaNet. ........ SB 544

Electronic Data, Records; disclosure exemption; The Georgia Register.

SB 725

GaNet; provide driver's license records, Internet legislative data. ............ SB 724

Public Distribution of Legislative Information in Electronic Format. ......... SB 337

GERMAN, MICHAEL; commend

........ SR 418

GERMANE

Abernathy amendment to HB 1754; ruled not germane by President

Page 1879

Clay substitute to SB 428; ruled not germane by President ................ Page 736

Crotts amendment to HB 756; ruled not germane by President ............. Page 965

House substitute to SB 510; ruled not germane by President .............. Page 2161

GILES, SISTER ROSA; commend ....... SR 714

GILLENTINE, MARGARET JOY Commend .............................................................. SR 429 Miss Cobb County 1996; commend ........................................ SR 622

GILLIARD, BUFORD C.

Designate bridge to honor memory; east of Nicholls. ........................ SR 595

Designate bridge to honor memory; Nicholls.

HR 819

GILMER COUNTY

Designate; Southern Highroads Scenic Highway route. ..................... HR 805

Designation of the Southern Highroads Scenic Highway route.

SR 484

GILMER STREET BAPTIST CHURCH, 55TH ANNIVERSARY; commend SR 647

GINSENG PROTECTION ACT; grower registration; harvesters; season.

HB 1263

GIRL SCOUT COOKIE SALES; sales tax exemption.

HB 1399

GLASCOCK COUNTY; board of education; reconstitute; election districts. HB 1822

GLYNN COUNTY Designate; Downing E. Musgrove Causeway on State Route 520. Jekyll Island-State Park Authority; fees for certain services.

HR 982 SB 665

GODWIN, KAY, CHOOSING THE BEST PROGRAM; commend

SR 477

GOLD, HONORABLE KATHLEEN; express regrets at the passing .......... SR 616

GOLDEN HARVEST GOSPEL MUSIC GROUP 36TH ANNIVERSARY; honoring. ............................................................... SR 392

GOLDESf, MAX; Elected to State Transportation Board

Page 71

GOLF COURSE FACILITIES ON STATE-OWNED LANDS; approve certain leases. ................................................................. SR 257

GOLF HALL OF FAME; nonprofit corporation powers; tax status.

HB 1327

GOOD HOPE, CITY OF; mayor and councilmembers; change terms

HB 1813

GOVERNOR General Assembly Convened; notify Governor. ............................. SR 382 General Assembly; joint session; state of state message. .................... HR 746 Limitation of Terms of Office; amend Constitution. ......................... SR 161 National Guard Olympic Support Activities; authority. .................... HB 1431

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INDEX

2387

GOVERNOR (Continued)

Powers; reduce any appropriations; provide for overriding reduction. ......... SR 175

State Boards, Agencies, Committee Meetings; telephone conferencing.

HB 1366

State Employees Displaced by Privatization; employment assistance.

SB 562

State Officers; annual testing for illegal drugs on random basis.

SB 240

Zell Miller; State of the State and Budget address

Page 35

Zell Miller; vetoes 1995 session; SEE 1995 special session Journal

Zell Miller; vetoes 1996 session, line item, appropriations

Page 721

GRADY COUNTY; Cairo High School Baseball Field; commend naming for Jackie Robinson. ........................................................ SR 638

GRAND JURIES (Also See Juries or Courts)

Arrested Persons Right to Have Charges Heard Within a Certain Time. . . . . . HB 1479

Counties; duty to submit financial or audit statement to grand jury.

SB 659

Indictment of Peace Officers; procedures; rights in certain cases.

SB 511

GRANDPARENT VISITATION RIGHTS

Determination of Issues; mediation or by court; findings of fact.

SB 640

Disputes; guardian ad litem; mediation. ................................... SB 365

GRANTS

Academic Services for Migrant Students; QBE funding.

HB 1202

Appropriations to Local School Systems; use of lottery proceeds. ............. SB 445

Charter Schools; student expenditure grants; special schools.

SB 235

Education Targeting At-risk Students; additional grant program. ............ SB 214

Higher Education; children of armed forces or national guard members.

SB 247

Local School Systems; after-school program for at-risk students.

SB 64

Medical School Scholarships, Loans; repayment in services rendered.

SB 262

Public Assistance; estimated costs; survey and statistical summary. .......... SB 381

Specialized Education Programs; magnet, theme, longer hours; grants.

SB 645

Tuition Equalization; criteria; nonpublic postsecondary education.

SB 100

Tuition Equalization; professional or business school or colleges.

SB 362

Water Pollution; effects on lower Chattahoochee communities; loans.

SB 497

GRANTVILLE UTILITIES AUTHORITY; creation.

HB 1862

GREENE COUNTY; Town of Siloam; new charter. ............... ........ HB 1744

GREGORY FAMILY OF PUTNAM COUNTY; designate bridge to honor. HR 1004

GROUND WATER (See Waters or Natural Resources or Erosion)

GUARDIAN AND WARD

Elder Abuse and Financial Exploitation; joint committee to study.

SR 121

Guardian Ad Litem for a Minor, Ward or Incapacitated Person.

HB 339

Guardians; appointment of emergency guardians; circumstances.

SB 143

Guardians for Incapacitated Adults; criteria; remove advanced age.

SB 146

Guardians of Beneficiaries of Veterans Administration; change laws. ......... SB 596

Guardians of Beneficiaries; veterans disability compensation.

SB 347

Guardians Representing Certain Claimants Entitled to Workers' Compensation

Benefits; appointment by Probate Court.

HB 1291

Guardianship Statutes; appointment procedures; committee to study.

SR 77

Guardianship Statutes, Power of Attorney; joint committee to revise.

SR 399

Incapacitated Adults; guardian petitions; evaluation physicians.

SB 532

Incompetent or Incapacitated Persons; counsel, guardian appointees. ......... SB 147

Wills, Trusts, Administration of Estates; disposition of property; inheritance

laws; comprehensive revisions. ........................................ HB 1030

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2388

JOURNAL OF THE SENATE

GUNN, FRED OF BARTOW COUNTY Commend .............................................................. SR 512 Commend .............................................................. SR 573

GUNS

Felony Offense of Possession; juveniles in custody of DCYS.

HB 1197

Firearm Serial Numbers; computer database; citizen 'Dial Gun Check'.

SB 122

Handguns; pistols, revolvers; only one purchase within 30-day period. ... SB 109

Handguns, Pistols, Revolvers; when permitted to carry concealed. ........... SB 678

Handguns; potential buyers; state criminal background check law. ........... HB 513

Machine Guns, Sawed-off Rifles, Shotguns or Silencers Used in Commission of

Certain Crimes; enhanced penalties. .................................... HB 308

Pawnbrokers; failure to secure firearms; resultant criminal acts.

SB 269

Pistols, Revolvers; persons authorized carry concealed weapon; certain pawn

transactions exempt firearms background check. ......................... SB 624

Projectile Producing Firearms; illegal acts; enhanced penalties. .............. SB 636

Protection for Minors; unsafe storage of loaded guns; penalties................ SB 72

Require Every Head of Household Maintain a Firearm in Working Order. . SB 171

Retail Sale or Transfer; purchaser background records check. ............... SB 106

GWINNETT COUNTY Merit System Board; qualification; employee political activity .............. HB 1745 Superior Court; Judicial Circuit; pilot projects; study committee. ............ HR 384

H

HABEAS CORPUS PROCEEDINGS

Death Penalty Appeal and Review; procedural rules; time for filing. ......... SB 102

Death Penalty Appeal and Review Procedures; eliminate delays.

SB 80

HABERSHAM COUNTY; Advisory Referendum Election Animal Controls. . . . HB 1790

HABITUAL OFFENDERS Driver's License; convictions which mandate revocation; redefine. DUI; convicted drivers; issuance of distinctive, marked licenses. DUI; drivers convicted 2nd offense; red stripe marker on license. DUI; habitual violators; impoundment of license plates; marked tags. DUI; mandatory punishment; license plates impounded; marked plates.

HB 256 SB 211 SB 544
SB 79 SB 568

HALL COUNTY

Ad Valorem; school taxes; homestead exemption; elderly persons. ........... HB 1693

Designate; John E. Quillian Highway; portion Highway 52.

HR 883

Gainesville-Hall County Task Force on Governmental Unification. ........... SR 578

Property Conveyance; authorize sale of surplus state property. .............. SR 457

HALL, JAMES B.; commend .............................................. SR 644

HALLMAN, T.C.; name bridge in Putnam County in memory of. ............. HR 1003

HANCOCK COUNTY Board of Commissioners; per diem allowances. ............................. SB 786
Office of Sheriff; personnel policies; compensation; budgets. ................. SB 787

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INDEX

2389

HAND, ELSIE PEACOCK; honoring. ...................................... SR 698

HANDGUNS (See Guns or Firearms)

HANDICAPPED PERSONS

Assistance by Guide or Service Animals; unlawful acts against service dogs;

right to use service capuchin monkeys. ................................. HB 1268

Business Operations; exempt local occupation taxes, fees. .................. HB 1155

Change References in OCGA; insert "persons with disabilities"; remove

accessibility barriers. .................................................. HB 653

Counselors Serving Blind or Visually Handicapped; license exception. ........ SB 542

Disabled Persons; Create Technology Related Assistance Trust Fund. ........ SR 166

Disabled Persons; establish Family Trust and Charitable Trust Funds.

SB 559

Guardianship Statutes; create Joint Guardianship Rewrite Committee.

SR 399

Guardianships; appointment procedures; joint committee to study. ............ SR 77

Handicapped Parking Privilege; military veteran awarded Purple Heart.

SB 92

Hearing and Visually Impaired Persons; assistance; obtaining specialized

telecommunication TDD devices.

...

SB 460

Hearing Impaired Education; consolidate into single school for deaf.

SB 63

License Plates; issuance of special motorcycle plates. ....................... SB 438

Persons to Report Exploitation by a Caretaker; bank employees.

SB 395

Persons With Disabilities; educational grants; use of lottery funds.

SB 158

Persons With Disabilities; job tax credit for employers who hire. ............. SB 491

Private Residences; new speculative homes; bathroom door standards. ...... HB 1076

Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368

Rehabilitative Services; Technology Related Assistance for Individuals with

Disabilities Act. ....................................................... SB 295

Shriner Hospitals for Handicapped Children; special license plates.

SB 520

Special Education Services for Deaf Students; placement choices. ............ SB 521

Technology Related Assistance for Individuals with Disabilities Act. ......... SB 510

Technology Related Assistance Trust Fund; authorize. ...................... SR 391

Workers' Compensation Injury Trust Fund; impact of ADA; study of. ........ SR 247

HANDY, LAURA D.; University System Scholar; commend .................. SR 671

HANNAH, SISTER BESSIE S.; commend .................................. SR 709

HAPEVTLLE ELEMENTARY SCHOOL; commend

SR 653

HARRELSON, J. W. "CHAMP"; name bridge in memory; Wheeler County. HR 1109

HART COUNTY; Franklin-Hart Airport Authority Act; enact. ................ SB 745

HARTLEY, SHELL E., JR.; DOT District Engineer; honoring ................ SR 547

HARTWELL, CITY OF; Recreation Authority; creation ..................... HB 1879

HAWKINSVTLLE HARNESS HORSE TRAINING FACILITY; lease.

HB 1904

HAZARDOUS MATERIALS

Antifreeze; recycled, reclaimed or reprocessed; vehicle servicing. ............ HB 1442

Dry Cleaning Solvent Wastes; contaminated sites; corrective actions. ......... SB 56

Hazardous Site Reuse and Redevelopment Act; enact. ..................... HB 1227

Hazardous Waste Management Act; update certain effective dates.

HB 1224

Hazardous Waste Sites; corrective actions; state may incur debt. ............ SR 128

Lead-Based Paint; lead poisoning sources; certification of workers.

SB 554

Motor Contract Carriers; authority of Public Service Commission.

HB 1152

Motor Fuel Deliveries Directly Into Vehicle Tank; safety mechanisms.

HB 39

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2390

JOURNAL OF THE SENATE

HAZARDOUS MATERIALS (Continued)
Pesticides, Fumigants, Repellants; use in public buildings; notices. ......... HB 1317 Vehicles Carrying Hazardous Materials; motor common carrier rules. ........ HB 609 Waste Management Activities and Substance Reporting Fees; amend. ....... HB 1227

HEAD INJURED PERSONS

Motorized Bicycles; protective headgear; restrict age to operate. ............ HB 1506

Protective Gear Required for Minors Operating In-Line Roller Skates.

SB 615

HEALTH (Also See Mental Health or Health Care Facilities or Human Resources)

Abortion and Breast Cancer Act; informed consent; warning of risks.

SB 685

Abortion and Sterilization Procedures; Woman's Right to Know Act.

HB 1834

Abortions Performed Without Informing Female of Risks; penalty.

SB 327

Addiction Disease Counseling; trainees; licensing exception.

SB 542

Ambulances; emergency 911 calls; committee to study misuse, abuses. ........ SR 57

Articles of Bedding; repeal O.C.G.A. Chapter 25 relating to. ................ HB 1361

Assisted Living Communities; new category of facilities housing ambulatory

residents.............................................................. HB 460

Child Support Awards; consideration of medical care costs.

...

SB 290

Childhood Vaccination Registry Program; establish statewide

HB 844

Code Revision; Title 31; correct errors and omissions.

HB 1195

County Boards; notice to landlord of unsafe conditions; repairs. ............. SB 599

Cruelty to Children; piercing body of minor without parent consent.

SB 508

Death of Patient in Nursing Home Facility; pronouncement of death.

HB 1655

Death; pronouncement of death; coroners or deputy coroners.

HB 508

Deceased Persons; identity affixed cemetery caskets or vessels.

SB 43

Disabled Persons; create Technology Related Assistance Trust Fund. ......... SR 166

Disabled Persons; supplemental care; Family and Charitable Trusts.

SB 559

Emergency Guardians; persons authorized consent to medical care.

SB 143

Emergency Medical Personnel; prohibit obstructing, hindering duties.

SB 607

Emergency Medical Services; state-wide system of trauma care. .............. SB 70

Emergency Nonconsensual Medical Treatment; attempted suicide victim.

SB 534

Family Caregiver Support; inhome care demonstration grant program.

HB 587

Fire Ant Study Committee; creation. ...................................... SR 293

Food Service Establishments; permits; food safety training.

SB 274

Food Service Establishments; sanitation requirements; food handlers.

SB 75

Genetic Testing; information derived; disclosure violations.

SB 233

Handicap Persons; chronic health conditions; Technology Related Assistance for

Individuals with Disabilities Act; enact.

SB 510

Handicapped Persons; Technology Related Assistance for Individuals with

Disabilities Act. ....................................................... SB 295

Health Care Expenditures; individual medical care savings accounts. ........ SB 373

Health Care Expenditures; medical care savings accounts and trusts.

SB 555

Health Care for Inmates Study Committee; creating.

SR 261

Health Care for Rural and Underserved Georgians' Day; recognizing.

SR 598

Health Care Fraud Investigations; documentary evidence; subpoenas.

HB 338

Health Care Policy Contrary Certain Beliefs; alternative selections.

SB 417

Health Care Providers; annual data reports; form.

HB 1420

Health Care Providers; peer review; confidentiality of proceedings.

SB 95

Hospital Re-structuring; market driven health care delivery; study.

SR 556

Hospital Re-structuring; regulatory controls; committee to study.

SR 557

Hospital Staff Privileges; basis for denial; prohibitions.

HB 1394

Hospitals; Certificate of Need Study Committee; creation.

SR 639

Hospitals Controlled by Nonprofit Corporations; disposing of assets.

SB 701

Hospitals; disclosure statement naming administrator and owner. ........... SB 631

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INDEX

2391

HEALTH (Continued)

Hospitals Owned or Controlled by Nonprofit Corporations; mergers. ......... SB 702

Hospitals; public not-for-profit; leases by private corporations. ............... SB 581

Indigent Care; hospital purchase contracts; county less than 45,000. ........ HB 1283

Insurance; coverage; diabetes or osteoporosis outpatient services. ........... HB 1320

Insurance; crime of fraud to secure payment of false claims. ................ SB 755

Insurance; HMOs or managed care plans; enact Patient Protection Act.

HB 1338

Insurance; HMOs or Networks; prohibit sanction providers for certain patient

discussions; provide point of service optional coverage. ................... HB 1183

Insurance; HMOs; point-of-service option; employee pay coverage.

SB 647

Insurance; managed care plans; definition; enrollee complaints. .............. SB 706

Insurance; managed care plans; medically necessary services. ............... SB 718

Insurance; mandated coverage; prerequisite to introduce legislation.

SB 541

Insurance; Newborn Baby and Mother Protection Act. ...

SB 482

Insurance; obstetrics and gynecology services; patient direct access. .......... SB 592

Insurance; preferred, participating providers; termination criteria. ........... SB 237

Insurance; regulation exemption; certain Medicaid network providers.

HB 1804

Insurance; small employers or self-employed; access to coverage.

SB 561

Insurers; prior authorization restrictions; emergency medical care. ........... SB 680

Insurers; (RBC) risk-based capital plans; reports; corrective orders.

HB 838

Intractable Pain Treatment; prescribed drugs; controlled substances.

SB 523

Lead Paint Poisoning; investigations; inspector training, licensing.

SB 554

Medicaid Programs; Select Oversight Legislative Committee created

SR 535

Medical Care; individual savings account program; establishment of.

SB 373

Medical Care Savings Account and Trust Act; enact. ....................... SB 555

Medical Facility Staff Privileges; psychologists; osteopaths. .................. HB 726

Medical Savings Accounts; employer/employee incentives; urging. ............ SR 288

Mental; appointment of guardianships; joint committee to study. ............. SR 77

Mental; emergency evaluations; certain counselors and therapists.

SB 620

Mental Health Community Service Boards; funding allocations.

SB 339

Mental; Hypnotherapist Registration Law. ................................ SB 662

Mental Illness; ensure insurance coverage in health care reforms.

SR 437

Mental; incapacitated adults; evaluations; guardian petitions. ............... SB 532

Mental; Indigent Defense Act; create advocacy program. ................... HB 1239

Mental; state institutions; patient cost of care; billing. ..................... HB 1149

Nursing Home Inspections; disclosure; DHR worksheets, documents.

HB 1583

Nursing Homes, Hospitals; supervision of dental hygienists. ................ SB 389

Organ Donors; fatal vehicle accidents; duty of officers at scene.

SB 544

Organ Tissue, Eye Banks Donor Registry; driver license information.

HB 1331

Osteoporosis Prevention and Treatment Education Program; provide.

HB 433

Perinatal Services; health care planning; redefine clinical services.

SB 5

Pharmaceutical Drugs, Biological Products, Medical Devices; urge Congress

facilitate rapid review and approval. .................................... SR 567

Pharmacists; prescribed drugs; generic drug substitution; conditions.

SB 309

Provider Sponsored Health Care Corporations; authorize. ................... SB 720

Providers; commercial solicitation of vehicle accident victims. ............... SB 369

Public Health; create new state department and board. ..................... HB 528

Public Health Pharmacy Prescription Departments; specifications. ........... SB 495

Public Health Violations; injunction cases; appeals; enforcement.

SB 69

Public; smoking, using tobacco products; places of employment. .............. SB 236

Rural Hospital and Health Care Financing Study Committee; create.

SR 320

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2392

JOURNAL OF THE SENATE

HEALTH (Continued)
Sex Education Courses in Public Schools; parental consent; hearings. ........ SB 392 Vital Records; stamp birth certificate deceased; purge names on voter lists;
health care data reports. .............................................. HB 1420 Women's Access to Health Care Act; enact. ................................ SB 592

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Nursing Homes or

Human Resources)

Abortion and Sterilization Procedures; Woman's Right to Know Act.

HB 1834

Abortion; woman's right to know certain information prior abortion. ......... SB 327

Ambulances; irresponsible 911 emergency calls; committee to study. .......... SR 57

Assisted Living Communities; new category of facilities to replace former

personal care home category. ........................................... HB 460

Certificate of Need Study Committee; creation. ............................. SR 639

Controlled Substances; prescribed drugs; intractable pain treatment. ......... SB 523

Dental Hygienist Working in Nursing Homes, Hospitals; supervision of. ...... SB 389

Emergency Medical Care; prohibit insurer require authorization for.

SB 680

Emergency Medical Services; trauma victims; pre-hospital care. .............. SB 70

Emergency Nonconsensual Treatment of Persons Who Attempt Suicide.

SB 534

Emergency Services Law; initiation of appropriate services. ................ HB 1575

Genetic Testing; information derived; disclosure violations. .................. SB 233

Guardians; appointment in emergencies when ward needs medical care. . SB 143

Health Care for Rural and Underserved Georgians' Day; recognizing. ........ SR 598

Health Care Planning; clinical services; include perinatal services

SB 5

Health Care Providers; annual data reporting; form.

HB 1420

Health Care Providers; peer review; confidentiality of proceedings.

SB 95

Health Insurers; participating provider plans; termination criteria. .......... SB 237

HMOs or Health Care Networks; prohibit sanction certain providers; allow point

of service optional coverage. ........................................... HB 1183

HMOs or Managed Health Care Plans; prohibit sanction certain providers;

enact Patient Protection Act of 1996. ................................... HB 1338

Hospices; inpatient, non-profit; purchases exempt sales tax. ................ HB 1241

Hospital Authorities; county of less than 45,000; purchaser by contract agrees to

fund indigent care. ................................................... HB 1283

Hospital Re-structuring; market driven health care delivery; study.

SR 556

Hospital Re-structuring; regulatory controls; committee to study.

SR 557

Hospital Staff Privileges; basis for denial; prohibitions.

HB 1394

Hospitals; disclosure statement naming administrator and owner.

SB 631

Hospitals; mergers involving corporations which own or control. ............. SB 702

Hospitals; nonprofit; disposition to for-profit entities; hearings. .............. SB 701

Hospitals; public not-for-profit; private corporations leasing. ................. SB 581

Insurance; health; managed care plans; rights of patients, providers.

SB 479

Insurance; health; postdelivery care; newborn baby and its mother. .......... SB 482

Insurance; managed care plans; rights of patients and providers.

SB 707

Medicaid; medical providers convicted of fraud permanently barred.

SB 687

Medical Facility Staff Privileges; psychologists; osteopaths. .................. HB 726

Medical Gas Piping Systems; authorized installers.

SB 553

Persons Receiving Services; alternative selection of a provider.

SB 417

Pesticides, Fumigants, Repellants; use in facilities; requirements.

HB 1317

Physicians of Other States, Countries; registration of consultants ............ SB 742

Prescribed Drugs; generic substitution; therapeutic equivalence. ............. SB 309

Public Health; create new state department and board. ..................... HB 528

Radiological Technology; delegation of duties to qualified persons. ........... SB 743

Respiratory Care Professionals; renewal of certification. ................... HB 1498

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INDEX

2393

HEALTH CARE FACILITIES, HOSPITALS (Continued) Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320 Sexual Assault Against Person Seeking Counseling; add definition. ......... HB 1033 State Health Planning; delete obstetrics; add perinatal services. .............. SB 5 State Hospital for Inmates; study relocate proposed medical facility. ......... SR 261

HEALTH CARE FOR RURAL AND UNDERSERVED GEORGIANS' DAY SR 598

HEALTH MAINTENANCE ORGANIZATIONS

Emergency Services Law; initiation of appropriate services. ................ HB 1575

Health Care Coverage; point-of-service option; additional payments. ........ HB 1404

Health Care Providers Advocating Certain Care; prohibit sanctions; allow point

of service optional coverage. ........................................... HB 1183

Insurance; point-of-service option; employee pay for added coverage.

SB 647

Managed Care Benefit Plans; rights of patients and providers.

SB 707

Managed Care Health Plans; rights of patients and providers.

SB 479

Managed Care Insurance Plans; definition; enrollee complaints.

SB 706

Managed Care Plans; prohibit limiting medically necessary services. ......... SB 718

Managed Care Practices; enact Patient Protection Act of 1996.

HB 1338

Provider Sponsored Health Care Corporations; authorize. ................... SB 720

HEARING IMPAIRED PERSONS

Georgia School for Deaf; training site; Crossroad Alternative School

SB 710

Georgia School for the Deaf and Atlanta Area School; consolidation.

SB 63

Special Education Services for Deaf Students; placement choices. ............ SB 521

State Board of Hearing Aid Dealers and Dispensers; membership.

HB 1429

HENDERSON'S RESTAURANT; commend ................................ SR 607

HEPHZffiAH HIGH SCHOOL GIRLS BASKETBALL TEAM; commend

SR 652

HERRIN, DR. GEORGE, JR., GBI FORENSIC SCIENCES; commend

SR 493

HERRIN, LINDA, CHOOSING THE BEST PROGRAM; commend.

SR 477

HIAWASSEE, CITY OF Corporate Limits; change. ............................................... HB 1873 Mayor; 4-year term of office. ............................................ HB 1483

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Automobile Carriers; oversized vehicles; weight, height, length configurations;

designated routes. .................................................... HB 1243

Code Revision; Title 32; correct errors and omissions. ...................... HB 1195

Commercial Driveways on Land Acquired for State; permit charges.

HB 1243

County, Municipal Permits to Solicit Contributions on Roadways. .......... HB 1198

Designate; Aden Massey Highway; Hwy 280 through City of Hagan. ......... SR 570

Designate; Brigadier General John R. Hullender Highway near Varnell.

SR 385

Designate; Buford C. Gilliard Bridge; east of Nicholls ....................... SR 595

Designate; Buford C. Gilliard Bridge; east of Nicholls. ...................... HE 819

Designate; Charles A. Pannell, Sr. Highway; portion Highway 225. .......... SR 507

Designate; Daniel Warnell Lee Memorial Bridge; Bacon County. ............ HR 1073

Designate; Downing E. Musgrove Causeway; Jekyll River; Glynn County. HR 982

Designate; E. Clyde Kelly Memorial Bridge; O. H. Banks Memorial Bridge. HR 1040

Designate; Elbert L. Jackson Memorial Bridge; Monroe County. ............ HR 1039

Designate; General William A. Holland Parkway; Whitfield County. ......... HR 901

Designate; Gregory Bridge; west of Eatonton; Putnam County. ............. HR 1004

Designate; Hamilton E. Holmes Drive; Fulton County. .................... HR 1005

Designate; J. Max Cheney Memorial Bridge; new bridge on Ga Hwy 147.

HR 804

Designate; Jimmy Lee Smith Parkway; City of Hiram, Paulding County. . HR 1016

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2394

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued)

Designate; John E. Quillian Highway; portion Hwy 52 Hall County. ......... HR 883

Designate; John H. Owen Intersection in Dahlonega. ....................... HR 825

Designate; Kirby Park, Sr. Memorial Bridge; Murray County. ............... HR 969

Designate; Lewis C. Adams, Jr. Bridge; Carl S. Peaster Highway; Lt. Col. Lee

Lenderman Memorial Highway; J.W. Champ Harrelson Memorial Bridge. HR 1109

Designate; Mike Padgett Highway in Augusta. ............................. HR 189

Designate; Morrison Moore Connector; Dahlonega. ......................... HR 817

Designate; Paul E. Nessmith Parkway; Bulloch County. .................... HR 332

Designate; Purple Heart Highway; portion 1-20 within Rockdale County.

SR 123

Designate; Purple Heart Highway; portion Interstate 20.

SR 384

Designate; Robert W. Pollard, Sr. Bridge; Columbia County

HR 1041

Designate; Southern Highroads Scenic Highway; Rabun, Gilmer, Murray

Counties. ..................................................... HR 805

Designate; Southern Highroads Scenic Highway route; Rabun, Gilmer, Murray

Counties. ............................................................. SR 484

Designate; T.C. Hallman Memorial Bridge; Putnam County.

HR 1003

Designate; Veterans Parkway; certain portion Interstate 85 North.

SR 85

Designate; Wade R. Milam, Jr., Bridge; West Point Lake; Troup County. . HR 304

Designate; W.W. 'Bill' Fincher, Jr. Highway; portion Highway 225.

SR 506

Developmental Highway System; add Johnson Ferry Road corridor.

SB 582

Developmental Highways; add corridor; remove Outer Perimeter. ............. SB 2

Developmental Highways; council to study needs of rural Georgia. ........... SB 591

Dougherty County; confirm, perpetuate naming portions of State Highways in

honor of Thomas Jefferson ............................................. HR 852

Federal Highway Funds; urge reauthorize ISTEA and TEA program.

SR 281

Interstate Highways; signs; information concerning restaurants. ............. SB 769

Junkyards, Salvage Yards Adjacent Public Roads; location; screening. ........ SB 302

License Plates; front and rear plates; study of effectiveness.

SR 615

Mass Transportation Services; public agencies; local contracts.

HB 1179

Motorized Bicycles; requirements to operate; age restriction. ............... HB 1506

Motorized Bicycles; under age 15 prohibited operate on public roads. ........ HB 1230

Outdoor Advertising Depicting Obscene Material, Nudity; prohibitions. ....... SB 586

Outdoor Advertising; electronic multiple message signs; permits

HB 1689

Outdoor Advertising on Public Roads; directional signs, signals.

SB 319

Outdoor Advertising; tree or vegetation cutting prohibited.

SB 169

Outdoor Advertising; tree trimming permits; application, renewal fee.

SB 321

Public Roads; construction, maintenance; include bicycle paths, rapid transit

systems and passenger rail service. ...................................... SB 3

Railroad; abandoned rights of way; use for public transportation. ............ SB 571

Roads and Highway Maintenance; urge use of inmate labor to perform. ....... SR 90

Rural Transportation and Economic Development Council; creation.

SB 591

Speed Limits; increase maximum on interstates and divided highways.

SB 688

Speed Limits; increase maximum on interstates, certain urban areas.

HB 1510

Speed Limits; increase maximum on unpaved county roads, certain interstate,

urban highways. ...................................................... SB 606

Speed Limits Through Road Construction Sites; jurisdiction; signage.

SB 580

State Highway System; urge management of Johnson Ferry Road route.

SR 412

Stop Signs; removing and causing death of another; felony penalty.

SB 697

Stop Signs; traffic control devices or railroad signals; offenses of homicide by

interference and serious injury. ........................................ HB 1256

Traffic Devices or Railroad Signals; criminal interference; offenses of homicide,

serious injury. ....................................................... HB 1643

Traffic Fatalities; young new drivers safety; committee to study. ............. SR 580

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INDEX

2395

HIGHWAYS, BRIDGES AND FERRIES (Continued) Transportation Department; powers; negotiated contracts; amount. ......... HB 1508 Vehicle Loads; excess maximum length; single-trip emergency permit. ....... HB 717 Vehicles; excess weights, loads; solid waste haulers; tandem axles. ........... SB 591

HILDERBRANDT, JAMES E. OF SAVANNAH; express regrets at the passing. ................................................................ SR 541

HILL, BEVERLY; Introduced; sang "Star Spangled Banner" .................. Page 1

HISTORIC SITES AND PRESERVATION

American Heritage Affirmations or Documents; encourage in schools.

SB 71

American Heritage Affirmations or Documents; encourage in schools. ........ SB 324

Civil War Historic Sites Acquisition and Preservation; provide for. ........... SB 649

Cumberland Island and City of St. Marys; urge National Park Service adopt

plan for certain historic plan for certain historic properties.

HR 316

Department of Archives and History; duties relative to Indians.

SB 123

Educational Facilities; historic landmarks; requirements; funding.

SB 71

Georgia Historical Society "Initiative 2000"; commend ...................... SR 401

Historic County Courthouses; rehabilitation needs; authorize study.

SR 618

Historical Townships; change date established for designation.

SB 531

Indian Affairs Commission, Georgia; create. ............................... SB 266

James Edward Oglethorpe Tercentenary Commission; creation.

SR 101

James Edward Oglethorpe Tercentenary Commission; establish.

HR 1045

State Railroad Museum; Central of Georgia Railroad Shops; Savannah.

SB 415

HOLLAND, GENERAL WILLIAM A.; name Parkway in Whitfield County to honor. .................................................................. HR 901

HOLMES, HAMILTON E.; first African American to enter UGA; designate Drive in Fulton County to honor. .............................................. HR 1005

HOMELESS PERSONS (Also See Indigent Persons) Public Housing Programs; duties of Department of Community Affairs. Special needs; housing; Georgia Youthbuild Program.

HB 1419 SB 315

HOMESTEAD EXEMPTION

Alpharetta; taxes to retire bond indebtedness; homestead exemption. ....... HB 1377

Chattooga County; ad valorem school tax; exempt certain age, income. ...... HB 1850

City of Barnesville; ad valorem; exempt persons age 65; referendum. ........ HB 1780

City of Barnesville; ad valorem; exempt persons over age 65.

HB 1598

City of Roswell; ad valorem taxes; exempt certain age, income. ............. HB 1343

City of Roswell; ad valorem taxes; exempt certain age, income.

HB 1672

Colquitt County; ad valorem school tax exemption; certain income.

HB 1836

DeKalb County; ad valorem; exemption; collection of local sales tax. ......... HB 935

Fayette County; ad valorem; school taxes; exempt elderly residents. ........ HB 1707

Floyd County School Taxes; homestead exemption for elderly.

HB 1692

Fulton County; ad valorem taxes; exempt certain persons. ................. HB 1378

Hall County; ad valorem; school tax; elderly residents exemption. .......... HB 1693

Lamar County; ad valorem school taxes; exempt disabled residents.

HB 1798

Newton County; ad valorem taxes; exemption; leased homesteads. .......... HB 1695

Richmond County; ad valorem; school tax exemption; income ceiling. ........ HB 1764

Richmond County; ad valorem school taxes; exempt senior citizens. .......... SB 164

Rome; ad valorem tax exemption; change amount; referendum ............. HB 1690

Tybee Island; ad valorem exemption; certain residents; referendum.

HB 1675

Whitfield County; ad valorem school tax; exempt certain age, income.

HB 1835

Whitfield County; ad valorem taxes; increase homestead exemption.

HB 1880

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2396

JOURNAL OF THE SENATE

HOMICIDE Interference With Traffic-control Device or Railroad Sign or Signal. ......... HB 1643 Interference With Traffic Device or Railroad Signal Causing Death. ......... HB 1256

HOMOSEXUAL RELATIONSHIPS

Marriages Between Persons of Same Sex Not Valid in Georgia. .............. SB 681

Same Sex Marriages Prohibited; no contractual rights; public policy.

HB 1580

HONEYBEES Beehive Owners; permission to kill bears under certain conditions. .......... SB 666 Beehive Property Owners; killing of bears; conditions. ..................... HB 1452 Beekeepers; infected honeybees or fixtures; compensation for property destroyed. ........................................................... HB 1760

HORSES Equines; animal health; veterinary services at equine sales. ................ HB 1311 Livestock Dealers; definitions; inclusion of term 'equines'. .................. HB 1310 Police Horses; crime of intentionally destroying or causing injury. .......... HB 1570

HOSPICES, NONPROFIT LICENSED IN-PATIENT; purchases exempt sales taxes. ................................................................. HB 1241

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOTELS AND MOTELS

Excise Tax Levy by Local Consolidated Governments for Civic Center.

HB 1487

Excise Tax on Guest Accommodations; change provisions; time period. ...... HB 1403

HOUSE OF REPRESENTATIVES

Committee on Insurance; access to vehicle insurers rate filings. ............. SB 535

Committee on Insurance; require report from Insurance Commissioner.

HB 1404

Fiscal Affairs Subcommittees; transfer of funds from budget units. ........... SB 595

General Assembly; jointly sponsored bills, resolutions; authorize. ............ SB 128

Legislative Information; public distribution through GeorgiaNet. ............ SB 337

Legislative Services Committee; additional members; minority leaders. ........ SB 28

Members; daily expense allowance; per diem differential; air travel, equipment

reimbursement. ...................................................... HB 1368

Members; limitation of terms of office; amend Constitution. .................. SR 2

Members; unexpired terms; filling of vacancies. ............................ SR 287

Proposed Bills Affecting Residential Housing Costs; impact statement. ........ SB 97

Senate Convened 1996 Session; notify House. .............................. SR 381

Time of Convening, Technological Support Needs; commission to study. . . . . . HR 1032

HOUSING (See Buildings and Housing)

HOUSING AFFORDABILITY IMPACT NOTE ACT.

SB 97

HOUSING AND FINANCE AUTHORITY, GEORGIA Economic Development; issuance of bonds; redefine business; sunset. ........ HB 323 Employees Transferring to Employees' Retirement System. ................. HB 978

HOUSTON COUNTY; sell surplus state property; designate proceeds. ........ SR 457

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INDEX

2397

HOUSTON COUNTY HIGH SCHOOL; commend

SR 576

HOUSTON COUNTY HIGH SCHOOL WOMEN'S SOFTBALL TEAM

SR 452

HOWARD, LT. GOV. PIERRE; Birthday Congratulations. ................... SR 505

HUBBERT, BRAD; Elected to State transportation Board

Page 72

HUDSON, J.W. OF IRWIN COUNTY; commend

SR 612

HUDSON, RANDALL (SCOTT) OF IRWIN COUNTY HIGH SCHOOL Commend .............................................................. SR 516

HUGHES, ROBERT DANIEL Claims against the state; compensate. ..................................... HR 902
Claims against the state; compensate. .................................... HR 1017

HULLENDER, BRIGADIER GENERAL JOHN R.; designate highway for. SR 385

HUMAN RESOURCES (Also See Social Services or Health)

AFDC; child welfare recipients; school attendance; LEARNFARE program. SB 298

AFDC Dependent Mothers; activities leading to self-sufficiency.

SB 548

AFDC Recipients; determining eligibility; 'man in house rule'. ............... SB 768

AFDC; teenage welfare recipients; school attendance requirements.

SB 13

Central State Hospital; designate William Crittenden Building.

HR 988

Child Care, Pre-kindergarten; duties of Office of School Readiness.

SB 709

Child Care; Pre-kindergarten Programs; lottery funds distribution.

SB 761

Child Protective Service Records; allegations of child abuse; agencies permitted

access; classifying person as an abuser. ................................. SB 575

Child Support Agency Employees; sanctions; abusive public behavior.

SB 213

Child Support; contempt proceedings; failure to pay; legal defense. ........... SB 61

Child Support Recovery; noncompliance; denial of license to operate vehicle or

engage in a profession, business or occupation.

SB 227

Childhood Vaccination Registry Program; establish statewide. ............... HB 844

Children Residing in State Facilities; litigation costs incurred by local school

systems; reimbursement. .......................... ................... HB 1610

Clinic Pharmacies; dispensing methadone drug treatment program.

HB 1496

Commissioner; duties; Sexual Offender Registration Review Board.

SB 53

Community Action Agencies; service contracts; fiscal mismanagement.

SB 716

Department; attach State-wide Child Abuse Prevention Panel.

SB 493

Department; duties; inform family violence victims of resources.

SB 209

Department; education program on validity of common-law marriages.

HB 1278

Department; powers; food service safety protection practices. ................ SB 274

Department; public health, safety violations; injunction cases.

SB 69

Deprived Children Removed From Home; reunification services, plans.

SB 611

DFACS; public welfare delivery; Council for Welfare Administration.

HB 1328

Disabled Persons; supplemental care; Family and Charitable Trusts.

SB 559

Disabled Persons; technology related assistance; trust accounts. ............. SB 510

Elected State Officers; random testing for use of illegal drugs; certain named

officers, justices, judges; procedures. ........................... ........ SB 240

Emergency Health; development of state-wide trauma care system.

SB 70

Family Violence Shelters; standards for approval and funding. .............. SB 513

Foster Care and Adoption Services; committee to study. .................... SR 590

Hearing and Visually Impaired Persons; assistance; obtaining specialized

telecommunications TDD devices. ....................................... SB 460

Homeless Youth, Foster Care Agencies; participate Youthbuild Program. . . . . . SB 315

In-home Care Demonstration Grant Program for Caregiver Relatives.

HB 587

Medicaid; health services; contracts; provider sponsored networks.

HB 1804

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2398

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued)

Mental Health; state institutions; patient cost of care; billing. .............. HB 1149

Milledgeville YDC; surplus land parcels; sell by competitive bid. ............. HR 334

Nursing Home Inspections; disclosure; DHR worksheets, documents. ........ HB 1583

Pre-kindergarten Program; screened toilet facilities for privacy. ........... HB 1211

Public Assistance; AFDC benefits; fraud; wrongful receipt.

SB 112

Public Assistance; AFDC cash benefits; additional birth of a child.

SB 382

Public Assistance; AFDC money payment terminated after certain date.

SB 383

Public Assistance; AFDC parent; income considerations; man in house.

SB 378

Public Assistance; AFDC recipients; PEACH Employment Services. .......... SB 388

Public Assistance; AFDC recipients under age 18; live parent's home. ........ SB 380

Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384

Public Assistance; fraud; enact Two Strikes and You're Off Act.

SB 446

Public Assistance; recipient benefits; estimated costs; survey. ............... SB 381

Public Health, Department of; create; transfer certain DHR functions.

HB 528

Public Health Division; pharmacy service area specifications. ................ SB 495

Rehabilitative Services; technology related assistance; loan program. ......... SB 295

State Employees' Health Service; eliminate references to the.

SB 671

Teenage Pregnancy Prevention; effectiveness of programs; study. ............ SR 515

Vital Statistics Registrar; deceased persons; purging voter lists. ............ HB 1518

Welfare Administration, Georgia Council for; creation. ..................... HB 1328

HUNTING (Also See Game and Fish) Prohibited Acts; intoxication; repeal small game hunting prohibition. Violations Involving Bears, Turkeys, Deer; prohibit hunt for two years.

SB 530 SB 712

HYERS, CECBLIA ROSE; University System Scholar; commend ............. SR 672

HYPNOTHERAPIST REGISTRATION LAW; establish regulated profession. SB 662

IDENTIFICATION DOCUMENTS

False ID; possession with intent to defraud or deceive; penalties.

SB 198

False Identification Cards; sales to minors; increase penalties. .............. SB 578

Fraudulent Issuance of Personal ID Cards; untruthful identification. ......... SB 253

Persons With Disabilities; ID cards; contents; fraudulent acts. ............... HB 256

INCOME TAX (Also See Revenue and Taxation)

Credit; employers job retraining programs; decrease requirements.

HB 1501

Credit; relief from ad valorem property taxes, fees. ......................... SR 389

Credit; water conservation investments reducing ground-water usage.

HB 1589

Employers' Liability for Payment; delinquent notices; facsimiles.

HB 1586

Exemption; contributions to a medical care savings account.

SB 373

Exemption; employers for costs of hiring or training minors. ................. SB 76

Financial Institutions; comprehensive revision of tax provisions.

HB 1638

Job Tax Credit; business expansion incentives; decrease requirement.

HB 1501

Job Tax Credit; employers who employ persons with disabilities.

SB 491

Rates; combined amount with other taxes not exceed 10 percent.

SR 390

Taxation of Corporations; define depository financial institutions. ........... HB 1101

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INDEX

2399

INDEPENDENT LIVING PROGRAM YOUTH DAY; recognizing.

SR 388

INDIAN HERITAGE AND CONCERNS
American Indian Day; designate May 11, 1996. ............................ HR 968 Indian Affairs Commission; create. ........................................ SB 266 Indian Affairs Study Committee; create. ................................... SR 309 Indian Tribes; legal recognition; create Indian housing authorities. ........... SB 123 Official American Indian Tribe; Southern Band Cherokees and Creeks. ........ SB 41

INDIGENT PERSONS

Contempt Proceedings; failure to pay child support; legal defense.

SB 61

Economically Disadvantaged; Georgia Youthbuild Program; purposes.

SB 315

Hospital Authority That Entered Into a Lease-purchase Agreement; funding

indigent care by contract. ............................................. HB 1283

Legal Defense of Inmates; frivolous or malicious court actions. .............. SB 514

Legal Defense; persons found not guilty by reason of insanity; representation by

mental health advocate. .............................................. HB 1239

Medicaid; medical providers convicted of fraud permanently barred.

SB 687

Medicaid Programs; Select Oversight Legislative Committee created.

SR 535

Public Assistance; AFDC benefits; when birth of a child disqualifies.

SB 382

Public Assistance; AFDC child recipients; LEARNFARE pilot program.

SB 298

Public Assistance; AFDC custodial parent; consideration of income. .......... SB 378

Public Assistance; AFDC money payments terminated after certain date.

SB 383

Public Assistance; AFDC recipients; requirements; PEACH program.

SB 388

Public Assistance; AFDC recipients under age 18; live parent's home. ........ SB 380

Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384

Public Assistance; AFDC wage earners; prohibit denial of benefits. .......... SB 379

Public Assistance; fraud; accepting ineligible AFDC benefit payments. ....... SB 112

Public Assistance; fraud; enact Two Strikes and You're Off Act. ............. SB 446

Public Housing; private enterprise agreements; rental units. ............... HB 1355

Social Services; community action agencies; fiscal mismanagement. .......... SB 716

INDUSTRY AND TRADE

Agribusiness Industry; economic skills; review education programs.

SR 163

Agribusiness; poultry feed grain problems; committee to study. .............. SR 478

Agricultural Product Promotion; allow fees upon affected producers.

HR 367

Car Rental Tax; purposes; provide convention, trade, sports, recreational

facilities, public safety expenses. ....................................... HB 1319

Coastal Zone Management; economic activities; committee to study. ......... SR 540

Computer Communications; Georgia Digital Signature Act. ................. SB 736

Economic Development and Revitalization; South Fulton County; joint

commission to study. .................................................. SR 101

Economic Development, Revitalization in South Fulton County; study.

SR 427

Employment Security Law Study Committee on Unemployment Insurance. HR 1110

Environmental Laws; noncompliance; factors; trade secrets in reports. ....... SB 244

Local Consolidated Governments; authority to levy hotel-motel tax. ......... HB 1487

Private Industry; reemployment rights; absence due military service. ... SB 299

Product Packaging; prohibited containers; nonbiodegradable.

SB 335

Regional Development Centers; ratify action to create Heart of Georgia RDC;

transfer Newton County to Northeast Georgia RDC. ...................... HR 826

Regional Development Centers; ratify transfer of Newton County.

HR 823

Regional Development Centers; territorial boundaries; ratify changes.

HR 323

Restaurants; placement of information on interstate highway signs. ......... SB 769

Rural Transportation and Economic Development Council; creation.

SB 591

Southern Highroads Scenic Highway; designate, promote tourism.

SR 484

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2400

JOURNAL OF THE SENATE

INDUSTRY AND TRADE (Continued)

Special Events; allow State Patrol personnel to provide security. ............ SB 623

Tourism Promotions; state railroad museum in Savannah. .................. SB 415

Trade Secrets; offense of theft; definitions; penalties; litigation. .............. SB 418

Trade Secrets; redefine; include information on customers, suppliers.

... SB 316

INHALANTS; intentional use of glue, aerosol, toxic vapors; DUI offenses. . .. . . SB 560

INITIATIVE PETITION Public Initiative Petition and Referendum Process. .......................... SR 60 Public Process for People to Enact or Reject Laws at Polls. ................... SR 66 Public Process for People to Enact or Reject Statutes at the Polls. ........... SR 115 Public Process for Voters to Enact or Reject Statutes, Amendments. .......... SR 23 Public Process to Enact or Reject Laws at the Polls. ........................ SR 236 Public Process to Propose Laws and Amendments in State-wide Referenda. . . . . SR 4

INMATES (Also See Corrections or Courts)

Assault Upon a Correctional Officer; transfer higher security. ............... SB 700

Battery or Assault Against Correctional Officers; higher security. ............ HB 660

Conditional Authority of Superior Court to Grant Pardons and Parole. ....... SB 633

Corrections Prison Management; report to General Assembly. ............... SR 137

Crimes Committed While in Prison; consecutive service of sentences.

SB 406

Criminal Sentences; prohibit modification through financial payments. ....... HB 315

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Habeas Corpus Actions; procedural rules; filing. .............. SB 102

Destroying Property, Medical Care; actions against to recover costs. ......... SB 696

Destroying Public Property, Escaping or Rioting; repay costs of. ............. SB 564

Drug-free Commercial Zones; restrict entry of arrested persons. ............ HB 1654

Education Programs; school age youth; vocational training for adults. ........ SB 228

Frivolous Lawsuits; enact prison litigation reforms. ....................... HB 1284

Frivolous or Malicious Actions Brought Before the Courts; sanctions.

SB 514

Health Care for Inmates Study Committee; creating. ....................... SR 261

Incarceration; repeat felony offenders, sexual or physically violent offenses;

prohibit place probation boot camp. ..................................... SB 285

Indigent Defense; persons found not guilty by reason of insanity; mental health

advocacy program created. ............................................ HB 1239

Inmate Labor to Perform Mowing on Road Rights of Way; urge use of. ........ SR 90

Jails; acceptance of persons in need of immediate medical treatment. ....... HB 1296

Jails; Inmate Reimbursement to Counties and Municipalities Act. ........... SB 222

Jails; regional jail authorities; participation by municipalities. ............... SB 735

Labor Assignments; correctional industries; public, private entities.

SB 431

Medical Care; judgments against assets, property to recover costs.

HB 1154

Medical Treatment or Property Damage; liability for payment of costs.

SB 587

Pardons and Paroles Board; public records; actions and findings.

SB 139

Pardons and Paroles Board; voting records; public inspection. ................ SB 59

Parole Conditions; alcohol or drug use risk reduction program.

SB 154

Parolees; supervision in transitional or intermediate programs. .............. SB 693

Prison Management and Services Pertaining to Inmates; contracts for. ....... SB 675

Probation; community service hours; felony or misdemeanor cases. ............ SB 78

Probation Services; private contractors; standards; records check. ............ SB 751

State Board of Pardons and Paroles; abolish; Amend Constitution.

SR 456

Work Details; require penal labor; secure by use of leg chains. ............. HB 1193

Work on Outdoor Assignments; use by state correctional institutions.

HB 1086

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INDEX

2401

INSTALLMENT SALES, HOME SOLICITATIONS; errors.

HB 1647

INSURANCE

Agents; certain persons exempt license maintenance requirements. ......... HB 1194

Agents Licenses; residency; education; contracts; commissions. ............. HB 1404

Casualty, Credit; redefine types of property, nonrecording and vendors' single

interest; premium charges; rates ....................................... HB 1398

Code Revision; Title 33; correct errors and omissions. ...................... HB 1195

Commissioner; authority; enter agreements; license testing services. ......... SB 330

Commissioner; authority; service agreements; insurer asset reports. ......... HB 626

Commissioner; duties; vehicle rates; report legislative committees.

HB 1404

Commissioner; enforcement powers; monetary penalties for violations.

SB 152

Commissioner; limitation of terms of office; amend Constitution.

SR 2

Commissioner; limitation of terms of office; amend Constitution.

SR 30

Commissioner; limitation of terms of office; amend Constitution.

SR 39

Commissioner; limitation of terms of office; amend Constitution. ............. SR 161

Counties; expenditure of funds for insurance; restrictions. ................... SB 226

Credit Insurance; limited licenses; scope of authority. ...................... SB 185

Department; duties; monitoring insurer solvency; corrective orders. .......... HB 838

Farmer's Mutual Companies; investments; assets; agents. ................... SB 757

Farmer's Mutual Companies; investments; maximum retainable risks. ...... HB 1404

Fraud Investigation, Prosecution; special fees to defray costs.

SB 208

Fraudulent Acts to Procure Payment of False Claim; criminal penalty.

SB 755

Health; accident, sickness coverage; include in child support orders.

SB 290

Health Care Corporations; authorize provider sponsored entities. ............ SB 720

Health Care Expenditures; individual medical care savings accounts. ........ SB 373

Health Care Financing, Delivery in Rural Areas; committee to study.

SR 320

Health Care; hospital re-structuring; regulatory controls; study. ............. SR 557

Health Care; hospital re-structuring; study of regulatory controls.

SR 556

Health Care Reform Legislation; ensure mental health coverage.

SR 437

Health; certain teachers ineligible retirement; monthly premiums.

HB 1099

Health; coverage for outpatient diabetes and osteoporosis services.

HB 1320

Health; coverage of postdelivery newborn child and its mother.

SB 482

Health; Emergency Services Law; initiation of appropriate services.

HB 1575

Health; HMO coverage; right to choose point-of-service option. ............. HB 1404

Health; HMDs or managed care plans; Patient Protection Act of 1996.

HB 1338

Health; HMOs or Networks; prohibit penalize provider discussing patient care;

allow point of service optional coverage. ................................ HB 1183

Health; HMOs; point-of-service option; employee pay for coverage.

SB 647

Health; inmates; medical treatment costs; disclosure of insurance. ........... SB 587

Health; legislative proposals mandating coverage; cost analysis. ............. SB 541

Health; managed care plans; definition; enrollee complaints.

SB 706

Health; managed care plans; restrict financial incentive programs. ........... SB 718

Health; Medicaid services; provider sponsored networks; HMOs.

HB 1804

Health; Medical Care Savings Account and Trust Act. ...................... SB 555

Health; obstetrics and gynecology services; patient direct access.

SB 592

Health or Dental; managed care plans; Patient Protection Act. .............. SB 479

Health or Dental; managed care plans; Patient Protection Act.

SB 707

Health or Disability; genetic test information; unauthorized uses.

SB 233

Health; osteoporosis prevention, treatment; raise public awareness.

HB 433

Health; participating provider agreements; termination criteria. ............. SB 237

Health; passenger medical insurance coverage; vehicles for hire. ............. SB 658

Health Plans; coverage for local boards of education members.

SB 676

Health; prior authorization restrictions; emergency medical care. ............ SB 680

Refer to numerical index for page numbers

2402

JOURNAL OF THE SENATE

INSURANCE (Continued)

Health; provider agreements with managed care organizations. ............... SB 95

Health, Residential Property Coverage for Family Violence Victims. ......... SB 679

Health; small employer or self-employed; access to insurance plans. .......... SB 561

Health; small employer plans; benefits, exclusions, coverages. ............... SB 220

Health; subscriber beliefs contrary certain services; alternatives. ............ SB 417

Individual Medical Care Savings Accounts and Trusts; establishment.

SB 373

Insurers, Agents; change numerous provisions relating requirements. ....... HB 1404

Insurers; changing rates or underwriting rules; filings required. ............. SB 660

Insurers; investments; agent licensing; contracts; cancellation or nonrenewal

actions. .............................................................. SB 757

Insurers; notice to policyholders; termination, rate increase. ................ HB 1404

Insurers; notice to policyholders; termination, rate increases.

SB 766

Insurers; (RBC) risk-based capital plans; monitoring solvency of; corrective

orders; actions against receivers. ....................................... HB 838

Insurers; receivers in delinquency proceedings; immunity; indemnity. ........ HB 841

Licensing of Adjusters; exemption; salaried employees of an insurer.

SB 207

Licensing of Agents, Adjusters; exclude certain personnel. ................... SB 45

Life; inclusion in court orders for child support. ............................ SB 423

MARTA Vehicles; medical insurance coverage for riding passengers. ......... SB 686

Medical Care; individual savings account programs; authorizing. ............ SB 555

Medical Savings Accounts; urge Congress enact legislation.

SR 288

Medicare Supplement Policies; implement 1994 Social Security Act. ......... SB 756

Medicare Supplement Policies; implement 1994 Social Security Act.

HB 1404

Motor Vehicle; accident victims; commercial solicitation prohibited.

SB 369

Motor Vehicle; cancellation, nonrenewal; insured's right to review. .......... HB 1404

Motor Vehicle; cancellation or nonrenewal actions; review requests.

SB 757

Motor Vehicle; liability coverage; cancellation for dishonored check.

SB 238

Motor Vehicle; liability of accident damages; coverage required. ............. SB 334

Motor Vehicle; premium reduction; high school students.

SB 21

Motor Vehicle; proof of coverage; recently acquired ownership; taxicab operator

self-insurance. ........................................................ SB 563

Motor Vehicle; rate filings; submit legislative committees. ................... SB 535

Motor Vehicle, Residential Property; nonrenewal; terminated agency.

HB 1439

Motor Vehicle; taxicabs, limousines; passenger medical insurance.

SB 658

Motor Vehicle; valid cancellations; insurer failure notify PSD.

SB 151

Premium Tax; exemption; insurers of risks of places of worship.

HB 1130

Premium Taxes for Firemen's Pension Fund; committee to study. ............ SR 572

Premiums and Charges; specified in the policy; report filing. ................. HB 42

Property; authorize surcharge to fund Emergency Management, Disaster Relief

Trust Fund; amend Constitution ........................................ HR 854

Property; coverage of personal property changing in its specifics.

SB 448

Property; impose surcharge to fund emergency management trust fund.

HB 1440

Small Group Health Insurance; benefits, exclusions, coverages. ...

SB 220

Surplus Line; placement; insurers meet certain financial conditions.

SB 142

Workers' Compensation; deposits to Subsequent Injury Trust Fund. ......... SB 323

Workers' Compensation; insurers; loss reserve limitations; reports.

HB 1404

Workers' Compensation; insurers; rate filings; prohibited practices.

HB 1175

Workers' Compensation; limited liability companies. ....................... HB 1291

Workers' Compensation; medical services providers; billing errors.

SB 441

Workers' Compensation; policyholders; premiums; merit rating plan. ........ HB 1494

Workers' Compensation Self-insurance Funds; change provisions. ............ HB 106

Workers' Compensation; Subsequent Injury Trust Fund Study Committee. . . . SR 247

Refer to numerical index for page numbers

INDEX

2403

INTEREST RATES (Also See Banking and Finance or Commerce and Trade)

Business Development Corporations; member loans; interest rate. .......... HB 1078

Judgments; interest rate; calculation method; U.S. Treasury bills.

SB 180

Mortgage Lenders; residential property; interest on escrow accounts. ......... SB 393

Pawnbrokers; advertising credit terms, interest rates; restrictions. ........... SB 269

INTERNET; Offenses of Intentional Criminal Theft; penalties.

HB 1400

INTERSTATE HIGHWAYS

Lawful Speed Limit; increase maximum; inside/outside urban areas.

SB 688

Lawful Speed Limits; increase maximum; inside/outside urban areas.

SB 606

Lawful Speed Limits; increase maximum; inside/outside urban areas.

HB 1510

Outdoor Advertising; multiple message signs; permit conditions. ............ HB 1689

INTRACTABLE PAIN TREATMENT ACT; prescribed drugs. ............... SB 523

INTRUDER BILLS

Use of Deadly Force for Protection of Self or Property.

SB 171

Use of Force to Defend Habitation From Unlawful Forcible Entry. ........... HB 107

IRWIN COUNTY

Board of Commissioners; secretary and clerk; salary.

HB 1608

Board of Commissioners; staggered elections; referendum .................. HB 1605

Motor Vehicle Registration; 4-month nonstaggered period.

HB 1606

ISAKSON, SENATOR JOHNNY; resignation from Senate . ................. Page 15

IVEY, CITY OF; municipal court jurisdiction; state misdemeanor cases.

HB 1373

JACKSON COUNTY; Board of Commissioners; composition. ................ HB 1837

JACKSON, ED; commend ................................................. SR 646

JACKSON, ELBERT L.; name bridge in Monroe County in memory of. ...... HR 1039

JAILS, JAILERS

Duty to Accept Persons Charged With an Indictable Offense; exception; persons

in need of immediate medical treatment. ............................... HB 1296

Inmate Reimbursement to Counties and Municipalities Act of 1995.

SB 222

Inmates; battery or assault against correctional officer; security.

HB 660

Inmates; crimes committed while in prison; service of sentences.

SB 406

Inmates; destroying property, escaping or rioting; repay costs of.

SB 564

Inmates Filing Frivolous Lawsuits; enact prison litigation reforms.

HB 1284

Inmates; medical care, destroying property; actions to recover costs.

SB 696

Inmates; medical care; recovery of costs; judgments against assets.

HB 1154

Inmates; medical treatment, damage to public property; repay costs. ......... SB 587

Inmates; work details outside confinement area; use of leg chains.

HB 1193

Inmates; work on outdoor assignments; state institutions utilize.

HB 1086

Local Public Safety Agencies; reports; maximum copying fee.

SB 558

Municipal Probation Systems; actions to collect delinquent fines.

SB 276

Offense of Public Indecency; lewd or sexual conduct; penalty.

HB 1168

Regional Jail Authorities; criminal procedure; additional authority.

HB 1341

Regional Jail Authorities; participation by municipalities.

SB 735

Refer to numerical index for page numbers

2404

JOURNAL OF THE SENATE

JAMES, NAOMI E.; University System Scholar; commend ................... SR 673

JASPER COUNTY; Redesignate; E. Clyde Kelly Memorial Bridge; O. H. Banks Memorial Bridge. ...................................................... HR 1040

JEFF DAVIS COUNTY; Heart Georgia Regional Development Center; ratify. HR 826

JEFFERSON, CITY OF; issuance of bonds for school system purposes ....... HB 1853

JEFFERSON COUNTY Board of Commissioners; members; staggered elections. .................... HB 1742 Board of Commissioners; staggered elections; referendum. ................. HB 1507

JEFFERSON, THOMAS; Highways in Dougherty County to honor.

HR 852

JEKYLL ISLAND STATE PARK AUTHORITY Fire Protection or Public Safety Services; annual fees. ...................... SB 665 Restrict Activities; undeveloped and natural areas; survey, mapping. ........ SB 178

JEKYLL RIVER; designate; Downing E. Musgrove Causeway. ............... HR 982

JOBS TAX CREDIT Business Expansion Incentives; tax changes; decrease requirements; job additions needed, retraining costs amount. ............................. HB 1501 Employers Hiring Persons With Disabilities; procedures. .................... SB 491 Employers Who Hire or Train Certain Minors; income tax exemption. ......... SB 76

JOHNSON FERRY ROAD Add to state developmental highway system. .............................. SB 582 Urge management by State Highway System. ............................. SR 412

JOHNSON, MAJOR GEORGE L.; commend

SR 434

JOHNSON, MALENA (MRS. MARTIN WESLEY, SR.); recognizing ......... SR 494

JOHNSTON, HENRY DEERING "COUNTRY" OF LOWNDES COUNTY; commend ............................................................... SR 448

JOHNSTON INDUSTRIES, INC.; Textile Award for Innovation; commend SR 588

JOINT DIGITAL SIGNATURES STUDY COMMITTEE; creation.

SR 621

JOINT ELDER ABUSE STUDY COMMITTEE; creation.

SR 121

JOINT GUARDIANSHIP REWRITE COMMITTEE; creation.

SR 399

JOINT GUARDIANSHIP STUDY COMMITTEE; creation.

SR 77

JOINT STUDY COMMISSION ON ECONOMIC DEVELOPMENT AND REVITALIZATION; South Fulton County. ............................... SR 101

JOINT STUDY COMMITTEE ON GEORGIA AGRICULTURAL EDUCATION; creation. ................................................. SR 163

JOINT STUDY COMMITTEE ON PILOT PROJECTS Cobb Judicial Circuit. ................................................... HR 260 Douglas Judicial Circuit. ................................................. SR 274 Gwinnett Judicial Circuit. ............................................... HR 384

JOINT STUDY COMMITTEE ON THE GEORGIA FHIEMEN'S PENSION FUND.................................................................. HR 995

JOINT STUDY COMMITTEE ON USE OF "911" AMBULANCES; creation. SR 57

JOINT SUBSEQUENT INJURY TRUST FUND STUDY COMMITTEE; Creating. ............................................................... SR 247

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INDEX

2405

JONES COUNTY; Board of Commissioners; report on employee salaries. . . . . . HB 1901

JONES, H. WAYNE OF ROCHDALE COUNTY; commend

SR 544

JONESBORO, CITY OF; new charter. ..................................... SB 731

JORDAN, KIMBERLY REBECCA, 1996 JUNIOR MISS; commend

SR 532

JUDGES (Also See Courts)

Compensation of Justices, Judges; state commission to establish. ............. SR 97

Judicial Assistance; serving in other courts; compensation.

HB 1467

Juvenile Court; judge pro tempore; appointees from state court.

SB 141

Juvenile Court; judicial education; training seminar requirements. ........... SB 292

Juvenile Court; specialized training dealing with child protection. ........... SB 730

Nonuniform Court Pilot Programs; submission of proposals; review.

SB 496

Probate Court; retirement; calculation of benefits.

HB 845

Probate Court; retirement fund benefits for secretary-treasurer.

HB 896

Probate Court; retirement; spousal benefits; selection options. ............... HB 485

Probate Court; retirement; spouses' benefits; death or divorce. .............. HB 1015

Probate; election superintendents; when board to assume duties. ............ SB 499

Qualifications; persons ineligible; Supreme Court order to remove.

HB 1396

State Court; compensation; minimum salary; changes; prohibit fees.

HB 1401

Superior Court; Alcovy Judicial Circuit; third judgeship. .................... SB 278

Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325

Superior Court; Cobb Judicial Circuit; eighth judgeship. .................... SB 264

Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221

Superior Court; new judgeships; procedure to introduce legislation.

HB 1065

Superior Court; retirement; disability benefits. ............................. HB 679

Superior Court; secretaries employed by judges; pay schedule, steps. ........ HB 1218

Superior Court; Stone Mountain Judicial Circuit; tenth judgeship. ........... SB 602

Superior Court; Western Judicial Circuit; third judgeship. ................... SB 3

Superior Courts; creation of new judgeships; compensation. ................. SB 750

Supreme Court Chief Justice, Robert Benham; General Assembly message. HR 748

Supreme Court Justices and Appellate Judges; invite General Assembly.

HR 747

Trial Judges; retirement contributions for spousal benefits.

HB 743

Trial Judges Retirement Fund; State Court of Richmond County

HB 782

JUDGMENTS (Also See Liens)

Garnishment Summons; filing; approval by deputy clerk of court. ........... HB 1208

Insurers; receivers in delinquency proceedings; immunity; indemnity.

HB 841

Insurers; receivers in delinquency proceedings; legal actions. ................ HB 838

Jails; Inmate Reimbursement to Counties and Municipalities Act.

SB 222

Rate of Interest; method for calculating; U.S. Treasury bills yield. ........... SB 180

Satisfaction of Entire Debt; timely cancellation of executions. ............... SB 670

State Courts; enforcement of judgments; deferred partial payments.

SB 434

JUDICIAL CIRCUITS

Alcovy Circuit; superior court; third judgeship. ............................. SB 278

Augusta Circuit; superior court; additional judgeship. ...................... SB 325

Clayton Circuit; district attorney investigators; arrest powers. ............... SB 691

Cobb Circuit; joint committee to study establishing pilot program.

HR 260

Cobb Circuit; superior court; eighth judgeship. ............................. SB 264

Conasauga Circuit; superior court; fourth judgeship. ........................ SB 221

District Attorneys and Staff; travel budgets; reimbursements; absence or

disability; allegation of criminal conduct. ................................ HB 966

Dougherty Circuit; superior court; senior judges; county supplement

HB 1705

Douglas Circuit; nonuniform pilot programs; joint committee to study.

SR 274

Refer to numerical index for page numbers

2406

JOURNAL OF THE SENATE

JUDICIAL CIRCUITS (Continued)

Gwinnett Circuit; pilot projects; joint committee to study.

HR 384

Judicial Compensation; state commission establish; amend Constitution.

SR 97

Northeastern Circuit; change term of court; Dawson County. ................ SB 547

Proposals for Pilot Programs Involving Nonuniform Courts; procedure. ....... SB 496

Southern Circuit; superior court; judges; county supplement.

HB 1762

Stone Mountain Circuit; superior court; tenth judgeship. .................... SB 602

Superior Court; new judgeships; procedure to introduce legislation. ......... HB 1065

Superior Courts; creation of new judgeships; compensation. ................. SB 750

Superior Courts; employing assistant DAs; number in each circuit. .......... HB 231

Western Circuit; superior court; third judgeship. ........................... SB 306

JUNKYARDS; Salvage Yards; location restrictions; screening compliance. . . . . . SB 302

JURIES (Also See Courts)

Capital Felony Trials; death penalty cases; sentencing procedures.

SB 329

Capital Felony Trials in Which Death Penalty is Sought; juries unable to agree on sentence to be imposed. ............................................. SB 313

Contempt of Court; criminal trials; unlawful selling of information. .......... SB 172

Jury Tampering; selling of information; illegal contracts; penalty.

SB 191

Peremptory Challenges; allow state same number as accused.

SB 527

Powers; trials where government is opposing party; mistrial grounds. ........ SB 311

JUVENILE PROCEEDINGS (Also See Courts or Minors or Children & Youth Services)

Child Custody; termination of parental rights; placement of child. ........... SB 619

Court Ordered Counseling for Children and Parents; noncompliance.

SB 77

Cruelty to Children; allow witness commission of forcible felony.

SB 159

Delinquent Children; malicious property damage; parent liability. ........... SB 255

Delinquent, Unruly Children; disposition of a nonresident child.

SB 410

Deprived Children Removed From Home; findings; disposition orders; reunification plans; adoption. ........................................... SB 611

Designated Felony; offenses relating destructive devices, explosives.

SB 636

Felony Cases or Delinquent Acts; hearings; notices; computer records.

SB 30

Felony Cases; use of juvenile court records to set bail, sentence.

SB 539

Georgia Child Abuse Study Committee; creation.

SR 164

Juvenile Court Judges; judicial training seminar; certification.

SB 292

Juvenile Court Judges; training seminars on protection of children.

SB 730

Juvenile Courts; judge pro tempore; appointees from state court.

SB 141

Juvenile Courts; jurisdiction; custody disputes alleging child abuse. .......... SB 729

Juveniles in Custody; assault upon DCYS personnel; felony penalty to assist escapee or provide illegal contraband. .................................. HB 1197

Motor Vehicle or Watercraft Violations; disposition of cases.

SB 629

Parental Responsibility Act; lawful order to bring child before Juvenile Court; sanctions for violated orders. .......................................... HB 1299

Persons Contributing to Delinquency of a Minor; offenses resulting in serious injury or death; penalties. .............................................. SB 396

Protective Orders; parent to enter a substance abuse program.

SB 551

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INDEX

2407

K

KEENAN, PAUL A., MAYOR OF ALBANY; commend. ..................... HE 839

KELLY, DR. WILLIAM WATKINS; Foundation for Independent Colleges; Commend. .............................................................. SR 517

KELLY, E. CLYDE; redesignate bridge in memory of; Jasper County. ........ HR 1040

KENDRICK, TIM, WILDLIFE RESOURCES OFFICER; commend

SR 490

KENNESAW, CITY OF; corporate limits; change. .......................... HB 1877

KIDD, DOTTIE AND RUSTY; remarks

Page 708

KIDD, HONORABLE CULVER; tribute to; placement of portrait in the Capitol. SR 444

KIDNAPPING; schools teach Stranger Abduction dangers. ................... SR 511

KING, SERGEANT TOMMY; Temple Public Service Award; commend

SR 583

KINGSTON, CONGRESSMAN JACK; introduced, remarks ................ Page 145

KLEIN, EDWARD W. (KIP); honoring ..................................... SR 722

KNOWLES, SARAH E.; 100th Birthday congratulations ..................... SR 659

KUPPUSWAMY, SUPRIA, NATIONAL 4-H DELEGATE; commend

SR 467

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers'

Compensation)

Commissioner; limitation of terms of office; amend Constitution. .............. SR 2

Commissioner; limitation of terms of office; amend Constitution.

SR 30

Commissioner; limitation of terms of office; amend Constitution. .............. SR 39

Commissioner; limitation of terms of office; amend Constitution. ............. SR 161

Commissioner; Rural Transportation and Economic Development Council.

SB 591

Department; employees engaged as counselors; license exception. ............ SB 542

Drug Tests Required of Temporary Employees; employer pay test costs. ...... SB 490

Employee Job Performance; disclosure of information by employer. ......... HB 1492

Employee Leasing Companies; long term assignments; professional employer

arrangements; regulation; licensure. .................................... HB 555

Employers' Liability for Income Tax Payment; notice of delinquency. ........ HB 1586

Employers Who Hire or Train Certain Minors; income tax exemption. ......... SB 76

Employers Who Hire Persons With Disabilities; job tax credit. .............. SB 491

Employment; probationary period; terminating permanent employees.

SB 333

Equal Employment; persons with disabilities; change terms. ................ HB 653

Private Industry; reemployment rights; absence due military service.

SB 299

Public Employees Labor Relations; collective bargaining procedures. ......... SB 275

State Employees Displaced by Privatization; employment assistance.

SB 562

Unclaimed Wages Not Presumed Abandoned; revert to issuer or payor.

SB 594

Unemployment Compensation; employer contribution rates; reserves. ........ SB 537

Unemployment Compensation; employer contributions; benefits subject taxation;

violation drug-free workplace policy. ................................... HB 1270

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2408

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued)

Unemployment Compensation; entitlement; early retirement. ............... HB 367

Unemployment Compensation; federal taxes; urge state control. ............. HR 981

Unemployment Compensation; State-wide Reserve Ratio computation; increase

weekly benefit amount. ............................................... HB 1375

Unemployment Insurance Program; study of employment security laws.

HR 1110

Workers' Compensation; benefits; false statements to obtain; penalty.

SB 301

Workers' Compensation; benefits; fraudulent claims, advertisements; corporate

exemptions; subrogation liens; compensable cases. ........................ SB 323

Worker's Compensation; change provisions relating to injury, benefits, civil

penalties, impairment ratings, rehabilitation suppliers, guardians.

HB 1291

Workers Compensation; claims; evidence; findings of fact; hearings. .......... SB 704

Worker's Compensation; insurers; changing rates; filings required. ........... SB 660

Workers' Compensation; insurers; rate filings; loss reserves. ................ HB 1404

Workers' Compensation; insurers; rate filings; required disclosures. ......... HB 1175

Workers' Compensation; medical services providers; billing errors.

SB 441

Workers' Compensation; policyholder premium adjustment; rating plan. . . . . . HB 1494

Workers' Compensation; self-insurance funds; certificates; new members;

experience modifier; loss reserves; expenses; bonds.

HB 106

Workers' Compensation; Subsequent Injury Trust Fund; attorney fees. ...... HB 1291

Workers' Compensation; Subsequent Injury Trust Fund payments. .......... SB 323

Workers' Compensation; Subsequent Injury Trust Fund Study Committee. SR 247

LAGRANGE, CITY OF

Personnel Grievance Appeals Board; creation. ............................ HB 1259

Property Conveyance; convey certain thoroughfare for road purposes.

SR 569

LAGRANGE COLLEGE; President Walter Young Murphy; commend

SR 549

LAKE CITY, CITY OF; new charter; Clayton County. ...................... HB 1718

LAKES Fishing; regulate methods of; designation of artificial lure lakes. Tidewaters and Navigable Waters; permits for structures; time period. West Point Lake; designate Wade R. Milam, Jr., Bridge. West Point Lake; Maple Creek site; sublease for private development. West Point Reservoir; Chattahoochee River or tributaries; pollution.

HB 1162 SB 442 HR 304 SB 425 SB 500

LAMAR COUNTY Ad Valorem; school taxes; homestead exemption; disabled residents. Lamar County Livestock and Agriculture Exposition Authority; create.

HB 1798 HB 1393

LAMUTT, ROBERT; Elected to fill vacancy in 21st Senate Seat. ............. Page 52

LAND BANK AUTHORITIES; Property Held for Taxes; interlocal agreements. ............................................................ SB 545

LAND USE PLANS (Also See Zoning and Local Government)

Zoning Actions; multijurisdictional proposal review procedures.

SB 270

Zoning Proposal Review Procedures; duties of planning commissions. ........ SB 566

LANDFILLS (Also See Waste Management)

Cities of 1,500 or Less; waste disposal facility site; approval of.

SB 502

Cities of 1,500 or Less; waste disposal site restrictions. ..................... SB 501

Local Option Sales Tax Imposed and Project Determined Not Feasible.

HB 1399

Local Option Sales Tax Imposed to Develop; best alternative use. ............ SB 753

Municipal Solid Waste Landfill Site Suitability; permit restriction........... HB 1118

Recycling and Solid Waste Reduction; authorize state fund to develop.

SR 428

Recycling Industries; committee to study economic benefits. ................. SR 432

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INDEX

2409

LANDFILLS (Continued) Site Permits to Handle Solid Waste; boundaries; specified factors. ........... HB 148 Solid Waste Disposal Facilities; development authorities' projects. ........... SB 749 Solid Waste; permits for facilities; factors to consider; impact. ............... SB 579 Vehicles Hauling Solid Waste on Highways; excess weights, loads. ........... SB 591

LANGFORD, J. BEVERLY; expressing wishes for speed recovery ............ SR 623

LAURENS COUNTY; Heart of Georgia Regional Development Center; membership. ............................................................ HR 826

LAW ENFORCEMENT OFFICERS AND AGENCIES

Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183

Arresting Agency; duties; persons charged with indictable offense and in need of

medical treatment; cost of care. ........................................ HB 1296

Arrests in Counties Belonging to Regional Jail authorities; duties.

HB 1341

Bomb or Explosive Ordnance Disposal Technicians, Forensic Experts, Animal

Handlers; training; certification; intergovernmental agreements.

SB 636

Child Abuse, Georgia Study Committee on; creation. ....................... SR 164

Child Protective Service Records; agencies permitted access. ................ SB 575

Code Revision; Title 35; correct errors and omissions. ...................... HB 1195

Correctional Officers; victims of battery or assault by an inmate.

SB 700

Crime Information Center; computer database; firearm serial numbers.

SB 122

Crime Information Center; records check of potential handgun buyers.

HB 513

Crime Information Center; records disclosure; prospective renters.

HB 1380

Crime Information Center; records; purge, modify or expunge.

SB 533

Criminal Information Center; firearms background check; time period.

SB 678

Criminal Investigations; documentary evidence; subpoena powers. ........... HB 338

Department of Children and Youth Services; crimes against personnel.

HB 1197

Duties; inform victims of family violence of available resources. ............. SB 209

Duties; information to adult victims of rape or aggravated sodomy.

SB 210

Duties; investigate use of fraudulent credentials by educators. .............. SB 296

Emergency Medical Personnel; prohibit obstructing, hindering duties. ........ SB 607

Emergency Nonconsensual Medical Treatment; attempted suicide victim.

SB 534

Evidence; admissibility of videotapes; vehicle or traffic violations. ............ SB 444

Family Violence Investigations; victim entitled review reports. .............. SB 397

Firearms Possession; carrying concealed weapon at public gatherings.

SB 624

GBI; criminal records check of persons petitioning to adopt child.

SB 714

GBI; duties; electronic background records check for firearm sales.

SB 106

GBI; issuance of certificate for purchasing handguns over limit. ............. SB 109

GBI Narcotics Agents; prior service credit, Employees' Retirement.

HB 449

GBI; powers; duties; sex offender registration program; review board. ......... SB 53

Insurance Investigators; information sharing; civil immunity. ............... SB 755

Investigations; use of devices to record or decode telephone numbers.

HB 341

Local Police, Fire Agencies; reports; maximum copying fee. .................. SB 558

Missing Children Information; display in state office buildings. .............. SB 638

Municipal and County Police Departments' Nomenclature Act; enact.

HB 713

Natural Resources Department Law Enforcement Officers; witness fees.

HB 1199

Peace Officer and Prosecutor Training Fund; allocations; state and local officer

training. ............................................................. SB 155

Peace Officer, Prosecutor Training; abolish Council; name successor.

SB 484

Peace Officers' Benefit Fund; dual membership; Firemen Pension Fund. ...... SB 163

Peace Officers' Benefit Fund; investigators for Secretary of State.

HB 958

Peace Officers' Benefit Fund; payments while temporarily reemployed.

HB 1047

Peace Officers; indictments; crime occurring in performance of duty.

SB 511

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2410

JOURNAL OF THE SENATE

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Peace Officers; operation of speed detection devices; requirements. .......... HB 1256

Peace Officers; retirees; carrying pistols in public buildings.

SB 454

Police Accelerant Detection Dogs; offense of destroying or injuring.

HB 655

Police Horses; crime of intentionally destroying or causing injury. .......... HB 1570

Police Report of Stolen Driver's Licenses; free copy of report. ................. SB 37

Probation Services; public, private provider; professional standards.

SB 751

Public Safety, Board of; assume duties to train law enforcement, peace officers

and prosecutors. ...................................................... SB 485

Public Safety; capital outlay projects; special county 1% sales tax. .......... HB 1399

Public Safety Communications; urge state-wide 800 MHZ radio system. ...... SR 319

Public Safety Facilities; authorize special county 1% sales tax. ............. HB 1166

Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294

Records of Juveniles Involving Felony Offenses; access by judges. ............ SB 539

Revenue Agents, Enforcement Officers; retention of weapon and badge

SB 394

Seizure of a Driver's License; prohibit staple, deface or alter.

HB 256

Sex Offender Conviction Data, Resident Address; registration program. ....... SB 53

Sheriffs; cash bonds; deposits in interest-bearing accounts.

HB 198

Sheriffs; duties; bondspersons seeking approval; fingerprint record. .......... HB 813

Sheriffs Offices' Nomenclature Act; unauthorized uses; permission. ......... HB 1649

Sheriffs; qualifications to take office; training and education. ................. SB 84

Sheriffs; retirement; increase monthly benefits. ............................ HB 773

Sheriffs; retirement; military service credit. ................................ HB 773

State Patrol; age requirement; certain persons, retention of badge.

SB 287

State Patrol; Uniform Division; security at special events; creation of special

Auxiliary Service. ..................................................... SB 623

Vehicle Accidents Involving Fatal Injuries; identifying organ donors.

SB 544

Vehicle License Plates on Front and Rear; committee to study.

SR 615

Witnesses in Felony Cases; furnishing certain personal information. ......... SB 512

LAW LIBRARIES Lumpkin County; county law library fees in Magistrate Court. Towns County; county law library fees in Magistrate Court. Union County; country law library fees in Magistrate Court. White County; county law library fees in Magistrate Court. ...........

SB 651 SB 653 SB 652 SB 650

LEAD POISONING; investigations; inspector licensing; regulatory agency.

SB 554

LEARNFARE PROGRAM FOR PUBLIC ASSISTANCE RECIPIENTS Administration of School Attendance Requirements for Teenagers. Pilot Program; requirements of enrollment and school attendance.

SB 13 SB 298

LEE COUNTY

Office of Treasurer; abolish. ............................................. HB 1830

Property Conveyance; easement area; BellSouth Telecommunications.

SR 459

Utilities Authority; additional powers .................................... HB 1841

LEE, DANIEL WARNELL; name bridge in Bacon County in memory of.

HR 1073

LEESBURG, CITY OF; corporate boundaries. ............................. HB 1828

LEGAL ADVERTISING; Legislation Notice of Intention; when not required. HB 1065

LEGAL DEFENSE OF INDIGENTS Contempt; child support proceedings. ...................................... SB 61 Inmates; frivolous or malicious court actions; disciplinary actions. ........... SB 514 Persons Found Not Guilty by Reason of Insanity; mental health advocacy program created. ..................................................... HB 1239

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INDEX

2411

LEGAL SERVICES; Cause of Action for False Advertising; treble damages. SB 249

LEGISLATIVE RETIREMENT SYSTEM; veterans; military service credit. HB 590

LEMON LAWS; Used Car Buyer's Protection; consumer written warranty.

SB 600

LENDERMAN, LT. COLONEL MARCUS LEE, MEMORIAL HIGHWAY; Chattooga County. ..................................................... HR 1109

LEONARD, FRANKLIN OF COLUMBUS; commend

SR 451

LESTER FAMILY OF DALLAS AND NED AND EUGENE LESTER; honoring ............................................................... SR 707

LEWIS, SISTER MAMIE; commend ................ SR 711

LIBRARIES, LIBRARIANS

Materials Harmful to Minors, Defined OCGA Title 16; restrict access. ........ SB 630

Public Libraries; computer access to legislative data via PeachNet. .......... SB 337

Public Libraries; use of pesticides, fumigants; notice requirements. ......... HB 1317

Rosa M. Tarbutton Memorial Library; designate in Sandersville.

HR 161

State Library Agency; Department of Technical and Adult Education. ........ SB 709

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales)

Commercial Motor Vehicles; operator disqualifications. ..................... SB 288

DUI; habitual violators; impoundment of regular plates; marked tags.

SB 79

Offenses Involving Operating a Vehicle Without Permission of Owner. ....... SB 557

Owner Registration Period; staggered, nonstaggered county systems. ........ SB 280

Owner's Registration Period; birthdate; 12-month staggered system.

SB 245

Special; issuance; retired military reservists. ............................... SB 411

Special; issuance; special fund to preserve Civil War historic sites. ........... SB 649

Special; issuance; WWII veterans who served Eighth Air Force. ............. SB 203

Special; motorcycles; plates for handicapped persons; antique plates. ......... SB 438

Special or Distinctive; transfer between owner's vehicles.

SB 245

Special; retention by retired military reservists. ............................ SB 346

Special; retired military reservists; retention of plates. ...................... SB 618

Special; Shriner hospitals for handicapped children.

SB 520

Special; transferring of plates to another vehicle.

SB 280

Special; veterans of Pearl Harbor; repeal additional fees.

HB 522

Vehicles for Hire; limousine carriers; information on plates. .................. SB 16

Vehicles Previously Titled in Another State; repeal additional fees.

HB 1253

LIENS

Default Judgments; appeals from magistrate court to state court.

SB 540

Foreclosing Liens on Abandoned Motor Vehicles; attorney's fees. .............. SB 87

Foreclosure Sales; certain deeds exempt real estate transfer tax.

HB 1174

Judgments; summons of garnishment; filing of affidavit.

HB 1208

Judicial Sales; execution of judgment; entry upon debtor property.

HB 1172

Recordation of Property Records; fees; state-wide automated system.

HB 1613

Tax Liens; delinquent municipal ad valorem taxes; foreclosures. ............ HB 1226

Vehicles or Trailers; certain rental agreements not creating a lien.

SB 127

LIEUTENANT GOVERNOR

Limitation of Terms of Office; amend Constitution.

SR 2

Limitation of Terms of Office; amend Constitution. .......................... SR 30

Limitation of Terms of Office; amend Constitution.

SR 39

Limitation of Terms of Office; amend Constitution. ......................... SR 161

Pierre Howard; birthday congratulations

SR 505

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2412

JOURNAL OF THE SENATE

LIFE SHARING FOUNDATION, INC. Environmental Education and Community Service Program; commend ....... SR 657 Environmental Vocation Program at George Washington Carver; support. . . . . SR 641

LILBURN, CITY OF; adoption of ordinances; change procedures. ............ HB 1344

LIMING MATERIALS, AGRICULTURAL; laws.

SB 657

LIMOUSINE CARRIER SERVICES

Limousine Carrier Certificates; qualifications; chauffeur permits. ............ HB 609

Medical Insurance Coverage for Fare Paying Passengers Against Injury.

SB 658

Passenger Contract Carriers; Public Service Commission regulate. .......... HB 1152

Vehicles for Hire; chauffeur qualifications; permits; license plates. ............ SB 16

LINCOLN COUNTY; Board of Elections and Registration; create ............ HB 1533

LITHIA SPRINGS, CITY OF Community Improvement Districts; creation. ............................. HB 1057 Corporate Limits; exclude any portion of Austell. ........................... SB 412 Douglasville-Douglas County Water and Sewer Authority; membership. . . . . . HB 1527 Douglasville-Douglas County Water and Sewer Authority; membership. . . . . . HB 1858 New Charter; incorporation; boundaries; powers. .......................... HB 1867

LITTER

Criminal Littering; penalties; change amounts of fines imposed.

SB 107

Fast Food Restaurants, Convenience Stores; increase license fee. ............ SB 503

Fast Food Restaurants, Convenience Stores; litter abatement. ............... SB 617

Municipal Environmental Courts; provide; litter, dumping controls.

SB 108

LIVESTOCK Animals Defined as Nontraditional Livestock for Purposes of Laws. ......... HB 1437 Livestock Dealers; definitions; inclusion of'equines'. ....................... HB 1310 Veterinary Services at Equine Sales Relating to Animal Health. ............ HB 1311

LOANS

Business Development Corporations; member loans; rate of interest. ........ HB 1078

Mortgage Lenders; payment of interest on escrow accounts.

SB 393

Pawnbrokers; credit terms, interest rates; advertising restrictions. ........... SB 269

Technology Related Assistance for Persons with Disabilities; trusts.

SB 510

LOBBYISTS, REGISTERED AGENTS Independent Expenditures; reports; prohibited actions to influence. .......... SB 489
Paying Lodging, Transportation, Food or Tickets for General Assembly Members; prohibitions. ................................................ SB 570
Persons Acting on Behalf of Motor Carriers; campaign contributions. ........ SB 667 Vendors of State Government; disclose gifts to public employees. ............. SB 19

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Actions to Seek Reimbursement From an Inmate for Medical Care Costs. . HB 1154

Acts of General Assembly Increasing Expenditures; effective date. .......... HB 1383

Acts of General Assembly; local legislation; notice requirements.

HB 1385

Ad Valorem; assess state property for local services in lieu taxes. ............ SB 487

Ad Valorem; conservation use covenants; family owned farm entities.

HB 1458

Ad Valorem; county boards of tax assessors; restrict subpoena power. ........ SB 673

Ad Valorem; exemption; nonprofit museums; statewide referendum.

HB 252

Ad Valorem; exemption; vans and buses owned by religious groups. .......... HB 756

Ad Valorem; motor vehicles; heavy-duty equipment classification. ........... HB 1530

Ad Valorem; preferential tax assessment; family farm partnerships. ......... SB 656

Ad Valorem; preferential tax assessment; family owned entities. ............. SB 598

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2413

LOCAL GOVERNMENT (Continued)

Ad Valorem; return of taxes; opening, closing books; Fulton County. ........ HB 1561

Ad Valorem; standing timber; owner of timber rights tax liability. .......... HB 1553

Ad Valorem; tax executions for property taxes; consent to transfer. ........... SB 88

Ad Valorem; tax liability; apportion between seller and purchaser. ............ SB 86

Ad Valorem Taxes; study of alternative methods to fund education. .......... SR 613

Alcoholic Beverage Sales on Sundays; local authorization procedure. ......... SB 585

Alcoholic Beverages; retail distilled spirits dealers; licensing. ................ SB 577

Armory Facilities; joint usage; purchase, rental of unused armories. ......... SB 754

Bail Bond Companies; bondspersons; approval by governing authority. ....... SB 664

Boards of Education; members; nonpartisan election without primary. ....... SB 184

Budgets and Auditing Procedures; statutory construction. ................... SB 447

Business License Tax on Financial Institutions; calculation method. ........ HB 1638

Business or Occupation Taxes; local levy; classification criterion. ............ SB 314

Capital Felony Trials; expenses; reimbursement to counties. ................ SB 313

Chambers of Commerce; mergers; approval of governing authorities.

SB 715

Charitable Solicitations on Streets, Highways; issuance of permits. ......... HB 1198

Civic Literacy; encourage county communities to implement. ................ SR 299

Code Revision; Title 36; correct errors and omissions. ...................... HB 1195

Community Improvement District Act; enact. ............................. HB 1222

Community Improvement Districts; creation; public services costs. ........... SB 682

Community Improvement Districts, Nonresidential Property; creation. ....... SR 497

Contracts for Public Transportation Services With Transit Agencies.

HB 1179

Contracts, Leases, Certificates of Participation; debt limitations.

SR 28

Council for Civic Renewal; creation; intergovernmental relations. ............ SB 366

Counties; boundary line changes; property sought to be transferred. ......... SB 762

Counties, Coastal; salt-water islands property development; zoning. .......... SB 612

Counties Comprising Judicial Circuit; district attorney travel funds. ......... HB 966

Counties; elected officials; require high school diploma or GED .............. SB 181

Counties; expenditure of funds; prohibited employee cash benefits.

SB 226

Counties; expenses incurred capital felony trials; reimbursement. ............ SB 313

Counties; financial or audit statements; submission to grand jury. ........... SB 659

Counties, Municipalities; multiyear lease or purchase contracts. ............. SB 567

Counties of 400,000 or More; charitable contributions, grants. .............. HB 1682

Counties of 550,000 or More; commissioners; compensation. ................. SB 770

Counties; State Court judges; minimum salary provisions. ................. HB 1401

Counties; unpaved roads; maximum lawful vehicle speed limit. .............. SB 606

County and Municipal Probation Advisory Council; members; powers; duties;

amend standards for private probation entities. .......................... SB 751

County Election Boards; members, superintendent; ineligible serve when

seeking public office or political party officer. ............................ SB 499

County Facilities; display of POW-MIA flag on November 11. ................. SB 25

County Juvenile Detention Employees; transferees; retirement. .............. SB 435

County Officers; retirement benefits funded during term; exclusion. .......... HB 356

Court-connected Alternative Dispute Resolution Programs. .................. SB 628

Courts; pilot programs involving nonuniform courts; proposals. .............. SB 496

Development Authorities Law; managed projects; management contracts. . SB 749

Drug-free Commercial Zones Where High Rate of Drug Related Crimes Occur;

designation; penalties; violators probation conditions. .................... HB 1654

Elected Officers; term limitations; amend Constitution. ...................... SR 3

Elections; county, municipal officers; term limitations. ...................... SB 340

Elections Designed to Bring Proposed Question to Voters; conditions. ........ SB 744

Elections; lobbyists; prohibit certain expenditures to influence. .............. SB 489

Elections; voter registration, registrars, precinct boundaries. ............... HB 1518

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2414

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Elections; voting precincts; method to change boundaries. .................. HB 1415

Elections; write-in candidates for county office; filing; drug test. ............. SB 506

Enterprise Zones; create; separate tax treatment; amend Constitution.

SR 63

Enterprise Zones; creation; unemployment areas; tax exemptions, credits,

reductions. ............................................................ SR 64

Excise Tax, Hotel-Motel; authority of consolidated governments.

HB 1487

Excise Tax, Hotel-Motel; change provisions, procedures, time period. ........ HB 1403

Excise Taxes; special tax districts to levy 3% upon rental vehicles. .......... HB 1319

Expenditures; legislation imposing certain costs; prohibitions.

SR 176

Expenditures; legislation imposing unfunded mandates; restrictions. .......... SB 38

Expenditures; state laws imposing fiscal impact without funding. ............ SB 216

Federal Block Grant Funds; create joint commission to study.

SR 495

Federal Regulatory Mandates Upon State Resources; state policy.

SB 405

Federal Tax Monies Received as Block Grants; committee to study.

SR 411

Fire Departments; prohibit use of name, symbols without permission.

HB 1484

Firearms Regulations; restrict authority as to sale or transfers.

SB 106

Funds to Assist damages Incurred by Chattahoocb.ee River Pollution.

SR 386

Georgia Future Communities Commission; extend to 1997. .................. HR 987

Hospital Authorities; requirement that proceeds of sale be held in trust;

exemption; county of less than 45,000. ................................. HB 1283

Housing Authority Commissioners; appointment of elected officials.

SB 643

Industrial Area Located on Island; allow remove certain property; amend

Constitution. ................................... ...................... SR 228

Investment of Funds in Bank Certificates of Deposits. ...................... SB 242

Jails; inmates; actions seeking reimbursement for certain costs. ............. SB 222

Jails; regional jail authorities; participant municipalities. ................... SB 735

Law Enforcement Agencies; complaints against officers; procedures.

SB 15

Litter Control; criminal littering; fines specified by state law.

SB 107

Local Government Fiscal Impact Act. ..................................... SB 216

Local Government Impact Fiscal Notes Act. ................................ SB 38

Local Retirement Systems; financial reports; investment practices.

HB 1650

Local Retirement Systems; investment of assets in equities; audits. .......... SB 698

Local School Systems; include both county and independent system. ......... HB 807

Local School Systems; multiyear contracting powers; limitations. ............ SB 428

Lower Chattahoochee Pollution Reparation Commission, Loan Program. . . . . . SB 497

Mental Health Community Service Boards; funding allocations.

SB 339

Metro Atlanta Area; water, sewer infrastructure; committee to study. ........ SR 620

Motor Vehicles; owner registration; 12-month staggered period.

SB 245

Municipal and County Police Departments' Nomenclature Act; enact.

HB 713

Municipal Environmental Courts; provide for; jurisdiction.

SB 108

Municipalities; alcoholic beverage licensees; residency requirement.

SB 422

Municipalities; annexation by local Act; establish effective date.

HB 1192

Municipalities; annexation; distance between boundaries; dry land.

SB 634

Municipalities; annexation of property; zoning decisions; notices.

HB 1231

Municipalities; corporate limits; annexing territory; local Acts.

SB 695

Municipalities; delinquent ad valorem taxes; judicial foreclosures.

HB 1226

Municipalities; election qualifying periods; number of days.

HB 1252

Municipalities; inactive; granting of new charters.

SB 569

Municipalities; inactive; Historical Township designation.

SB 531

Municipalities of 120,000; business license fees; litter abatement. ............ SB 503

Municipalities of 120,000 or more; litter control and abatement.

SB 617

Municipalities of 1,500 or Less; restrict solid waste disposal site.

SB 501

Municipalities of 1,500 or Less; solid waste disposal site approval.

SB 502

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2415

LOCAL GOVERNMENT (Continued)

Municipalities; reincorporation of area whose charter was repealed. ......... HB 1556

Mutual Aid Agreements; emergencies involving explosives; assistance.

SB 636

Official State Language for Documents, Forms; designate English. ........... SB 519

Public Employment; prohibit discrimination or preferential treatment. ........ SB 82

Public or Private Buildings; equip with women's restroom facilities........... SB 614

Public Records; fees for copying, search, retrieval of documents. ............ HB 1170

Public Roads; junkyards, salvage yards; location; screening; removal. ........ SB 302

Public Safety Agencies; police, fire; reports; maximum copying fee. ........... SB 558

Recycling Program; urge host communities develop at Olympic venues. ...... SR 426

Regional Development Centers; plans covering area outside boundary. ...... HB 1497

Regional Jail Authorities; criminal procedure; additional authority.

HB 1341

Revenue Bonds; maturity date; limitation of term of project financed.

SB 297

Sales Tax; special county 1%; certain capital outlay projects.

HB 1399

Sales Tax; special county 1%; resubmitting question of imposing tax.

HB 1367

Sales Tax; special county 1%; use for capital outlay projects. ............... HB 1166

Sales Tax; special purpose county for education; calculations.

SB 732

Sales Tax; special purpose county; school capital outlay projects.

SR 20

Sales Taxes; abolish state tax on food purchases in 1998. ................... HB 265

Solid Waste; handling facilities; permits; consider impact to area. ........... SB 579

Solid Waste; landfill site suitability; prohibited locations. .................. HB 1118

Solid Waste; landfill siting; intergovernment coordinating council.

HB 148

Special Purpose County Local Option Sales Tax; sanitary landfills. .......... SB 753

Special Purpose County Sales Tax; proceeds sharing; education.

SR 180

Special Purpose County 1% Sales Tax for Education; authority.

HB 1166

Special Purpose County 1% Sales Tax for Education; requirements.

HB 1399

State Agencies Proposing to Relocate Operations; economic impact.

SB 150

Tax Assessors; county boards; terms; vacancies; subpoenas. ................ HB 1683

Tax Sales; Land Bank Authorities; parties to interlocal agreements.

SB 545

Taxes, Licenses and Fees; acceptance of credit card payments. ............. HB 1591

Urban Redevelopment Law; change reference to slums; distressed area.

HB 1255

Volunteer Fire Departments; nonprofit corporations; funding grants.

SB 416

Waste-water; sludge residue; disposal sites located other counties. ........... SB 267

Zoning Actions Impacting Neighboring Counties; review procedures. ......... SB 270

Zoning Hearings on Proposed Decisions; presentations; time period.

HB 1203

Zoning Procedures; defeated rezoning actions; reconsideration. .............. SB 215

Zoning Proposals; planning commission; require review land use plan.

SB 566

LOCUST GROVE; City Council; compensation; powers; duties; city manager. . HB 1529

LOFTISS, JUDGE THOMAS J.; name Regional YDC Center to honor.

HR 792

LONG COUNTY WILDLIFE MANAGEMENT AREA; access to adjoined landowners. ............................................................ HR 885

LOTTERY FOR EDUCATION ACT

Pre-kindergarten Program Funds Distribution; child care agencies. .......... SB 761

Proceeds; disposition; grants to local school systems. ....................... SB 445

Proceeds; grants, scholarships for persons with disabilities. ................. SB 158

Proceeds; scholarships; public assistance recipients; qualifying.

SB 432

Proceeds; use for driver education instruction. .......................... SB 683

Proceeds; use for training teachers classroom computer applications.

SB 46

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2416

JOURNAL OF THE SENATE

LOWERY, EMMITT T., JR.; claims against the state; compensate. .......... HR 1006
LOWNDES COUNTY Board of Tax Assessors; election of members; repeal local constitutional amendment. ......................................................... HB 1769 Superior Court Judges; increase county supplement. ...................... HB 1762
LUMPKIN, CITY OF; Committee to Study County Government Consolidation. ......................................................... HR 1233
LUMPKIN COUNTY Advisory Referendum on Land Use and Animal Control. .................... SB 589 Designate; John H. Owen Intersection in Dahlonega. ....................... HR 825 Designate; Morrison Moore Connector; new connector around Dahlonega. ... HR 817 Magistrate Court; county law library fees. ................................. SB 651 Property Conveyance; authorize sale of surplus state property. .............. SR 457
LYRE, PAUL; Played National Anthem on trumpet for Senate .............. Page 729

M

MABRY, MELISSA; President, GA School Food Services Group ............. Page 136

MACDONALD, CHRIS; in memory of. ..................................... SR 606

MACK, WANDA PIERCE, 1995 GOAL STUDENT AWARD; commend

SR 561

MACON, CITY OF Macon and Bibb County, Area Legislative Day; welcoming .................. SR 563 Macon Water Authority; services, facilities; sewer break costs. ............. HB 1617 Macon Water Commissioners-Pension Plan; retirees; increase benefits. ....... SB 304

MACON COUNTY Board of Commissioners; change compensation. ........................... HB 1528 Designate; Lewis C. Adams, Jr. Bridge on S.R. 32 near Chatterton and Carl Savage Peaster, Sr. Highway, Montezuma. ............................. HR 1109

MADISON, CITY OF; Madison-Morgan County Airport Authority; creation. HB 1755

MADISON COUNTY; Advisory Referendum to Determine Type of Government. HB 1752

MAGILL, DAN; University of Georgia Tennis Coach; commend. .............. SR 408

MAGISTRATE COURTS Civil Actions; fees to fund Alternative Dispute Resolution Programs. ......... SB 628 Civil Actions; increase filing fees ......................................... SB 669 Civil Claims; monetary jurisdiction set at $15,000. ......................... SB 752 Default Judgments; appeals to state court; review. ......................... SB 540 Domestic Violence Victims Filing Charges; abolish service fees. ............. HB 1569 Judgments Exceeding $5,000; discovery under Civil Practice Act............. HB 580 Judicial Assistance; service of Probate Court judge; compensation. .......... HB 1467

MALPRACTICE (See Medical Malpractice or Physicians)

MANDATES UPON STATE AND LOCAL GOVERNMENTS Acts of General Assembly Increasing Expenditures; effective date. .......... HB 1383
Federal; claiming sovereignty of State under Tenth Amendment. ............ SR 308 Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

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MANDATES UPON STATE AND LOCAL GOVERNMENTS (Continued)

Federal; National Voter Registration Act; urge funding or repeal Act. ........ SR 130

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Federal; unfunded mandates; explanation from Congressional Delegation. . . . . . SR 71

Local Government Fiscal Impact Act; compliance time period; hardship.

SB 216

Local Government Impact Fiscal Notes Act. ................................ SB 38

State-Federal Checks and Balances; call for a Conference of States. .......... HR 280

State Program Costs Upon Local Government; restrictions. ................. SR 176

MANUFACTURERS

Aircraft Engine Rebuilding, Overhauling; extend freeport exemption. ........ HB 667

Bedding Materials; certification; repeal O.C.G.A. Chapter 25................ HB 1361

Correctional Industries; inmate labor; public and private assignment. ........ SB 431

Drugs; reverse drug distributors; registration; prohibited acts. ............... SB 495

Fireworks Used for Public Exhibitions; storage; magazine license. .......... HB 1014

Nuclear Power Plants Generating Electricity; employee disputes.

SB 427

Pharmaceutical Drugs; pricing; restrict government purchases. .............. SB 300

Product Packaging; require biodegradable or recyclable containers. .......... SB 335

Sales Tax Exemption; certain users of electricity; airplane engine

remanufacturing parts; handling equipment. ............................ HB 1501

Water Conservation Investment Reducing Ground-water Use; tax credit. HB 1589

MAPS, PLATS; Georgia Coordinate System; Jekyll Island State Park; Georgia Geological Survey and mapping. .......................................... SB 178

MARIJUANA POSSESSION; misdemeanor cases in probate courts.

HB 1322

MARRIAGE Applications for a License; use of surname from previous marriage. .......... HB 695 Common-law Marriages Entered Into After January 1, 1997 Are Invalid. HB 1278 Marital Relationship Not Defense to Charge of Rape or Sodomy. ............. SB 210 Marriage and Family Counseling; licensure eligibility; use of titles. .......... SB 705 Marriages Between Persons of Same Sex Not Valid in Georgia. .............. SB 681
Public Policy; recognize union only of man and woman; prohibit same sex marriages; no contractural rights. ..................................... HB 1580

MARRIAGE AND FAMILY THERAPISTS (Also See Professions) Licensees; medical records; alleged incapacitating condition. ................ HB 273 Licensure; eligibility; use of titles. ........................................ SB 705

MARTA

Board of Directors; chairman, members; per diem allowance

SB 310

Board of Directors; members representing the State; designee.

SB 370

Board of Directors; terms; timing of appointments. ......................... SB 556

MARTA Overview Committee; update Senate committee designations.

SR 40

Mass Transportation; public transit agencies; contracts for service.

HB 1179

Public Passengers Riding MARTA Vehicles; medical insurance coverage.

SB 686

Rapid Transit Systems; include within definition of public roads. ............. SB 3

Reserve Funds; use of interest income earned; effective date. ............... HB 1300

MARTIN, RACHAEL, NATIONAL 4-H DELEGATE; commend

SR 469

MARTIN, TOWN OF; Mayor and City Council; term limitations. ............ HB 1684

MASON, JAMES A. (JIM); University System Scholar; commend ............ SR 674

MASSAGE THERAPISTS; create state board to regulate; licensure. .......... SB 452

MASSEY, ADEN; Mayor Emeritus, City of Hagan; designate highway to honor. ............................................................... SR 570

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2418

JOURNAL OF THE SENATE

MCCAYSVILLE, CITY OF; new charter. ................................... SB 690

MCCONNELL, JOHN FRANK; name GBI building to honor; Chattooga County. ............................................................... HR 1039

MCNEELEY, WALTER; Selected Olympic Torchbearer; commend ............ SR 631

MEDICATO (Also See Public Assistance) Assisted Living Adult Care Facilities; federal waiver application. ............ HB 460 Fraud Investigations; documentary evidence; administrative subpoena. ....... HB 338
Health Services; contracts; provider sponsored networks; HMOs. ........... HB 1804 Medical Providers Convicted of Fraud Permanently barred. ................. SB 687 Programs; creation of the Select Oversight Legislative Committee. ........... SR 535 Public Assistance Fraud; enact Two Strikes and You're Off Act. ............. SB 446
Recipient Benefits; estimated costs; survey; statistical summary. ............ SB 381

MEDICAL EXAMINERS, CORONERS, AUTOPSIES (Also See Public Officers) Coroners, Deputy Coroners; pronouncement of death; conditions. ............ HB 508

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Abortion and Sterilization Procedures; Woman's Right to Know Act. ........ HB 1834

Abortions and Breast Cancer; warning of risks; informed consent. ........... SB 685

Attempted Suicide Victims; emergency nonconsensual medical treatment.

SB 534

Child Abuse Victims; medical treatment; committee to study issues. ......... SR 164

Chiropractors; scope of practice; order magnetic resonance studies.

... SB 409

Civil Cases Involving Injury or Disease; evidence; medical reports.

SB 421

Contracts With State for Physical Examination of Employees. ............... SB 671

Controlled Substances; dangerous drugs violations; records; labels. .......... SB 565

Dangerous Drugs; requirements; labeling, record transactions; change listing;

unlawful distribution of nitrous oxide ................................... HB 342

Dental Hygienists; direct supervision requirement; change provisions. ........ SB 389

Dentists, Dental Hygienists; license renewal; teaching licenses. ............. HB 1330

Emergency Medical Care; prohibit insurer require authorization for. ......... SB 680

Emergency Medical Services; trauma victims; pre-hospital care. .............. SB 70

Emergency Services Law; initiation of appropriate medical care. ............ HB 1575

Genetic Testing; information derived; disclosure violations. .................. SB 233

Health Care; hospital re-structuring; committee to study. ................... SR 557

Health Care; hospital re-structuring; joint committee to study. .............. SR 556

Health Care Insurers; coverage for newborn baby and its mother. ........... SB 482

Health Care Policy Contrary to Beliefs of Person Receiving Services. ......... SB 417

Health Care Provider Rights; accident and sickness insurance plans.

SB 237

Health Care Providers; annual data reporting; forms.

HB 1420

Health Care Providers; osteoporosis prevention; public education. ............ HB 433

Health Care Providers; peer review activities; confidentiality.

SB 95

Health Insurance; HMO coverage; point of service option; charges. ........... SB 647

Health Insurance; managed care plans; medically necessary services.

SB 718

Health Insurance Managed Care Plans; patient, provider rights. ............. SB 479

Health Insurance; managed care plans; patient, provider rights. ............. SB 707

HMOs; citizens right to choose own provider; point-of-service. .............. HB 1404

HMOs or Health Care Networks; prohibit sanction certain providers; allow point

of service optional coverage. ........................................... HB 1183

HMOs or Managed Health Care Plans; sanctions for discussing medically

appropriate care prohibited; enact Patient Protection Act. ................ HB 1338

Hospital Staff Privileges; basis for denial; prohibitions. .................... HB 1394

Hospitals; Certificate of Need Study Committee; creation. ................... SR 639

Individual Medical Care Savings Accounts and Trusts; establishment. ....... SB 373

Intractable Pain Treatment; prescribed drugs; controlled substances.

SB 523

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INDEX

2419

MEDICAL PRACTICE (Continued)

Medical Care Savings Accounts/Trusts; financing health care costs.

SB 555

Medical Facilities; disclosure statement naming administrator, owner. ....... SB 631

Medical Facility Staff Privileges; psychologists; osteopaths.

HB 726

Medical Gas Piping Systems; authorized installers.

SB 553

Medical School Loans; facilities where services rendered repay loans.

SB 262

Nurses, Physician Assistants; pronouncement of death; nursing homes.

HB 1655

Nurses, Professional; authority; ordering prescriptions, treatment. ........... SB 627

Obstetrics, Gynecology Services; Women's Access to Health Care Act. ........ SB 592

Physicians; delegation of authority; radiological technology ................. SB 743

Physicians of Other States, Countries; registration of consultants. ........... SB 742

Prescribed Drugs; generic substitution; therapeutic equivalence.

SB 309

Public Corporations Leasing Public Not-for-Profit Hospitals. ................ SB 581

Respiratory Care Professionals; renewal of certification. ................... HB 1498

Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320

Vaccinations; children under age 18; statewide registry program. ............ HB 844

Workers Compensation; claims; opinion of treating medical provider.

SB 704

Workers' Compensation Medical Services Providers; billing errors.

SB 441

MEDICARE SUPPLEMENT INSURANCE Implement Social Security Act Amendments of 1994. Implement Social Security Act Amendments of 1994.

SB 756 HB 1404

MENTAL HEALTH

Central State Hospital; designate William Crittenden Building.

HR 988

Child Protective Service Records; agencies permitted access. ................ SB 575

Children Committed to State Facilities; litigation costs incurred by local school

systems; reimbursement. .............................................. HB 1610

Code Revision; Title 37; correct errors and omissions.

HB 1195

Community Service Boards; regional board funding; bids for services.

SB 339

Community Service Boards; retirement membership of employees. ............ SB 4

Disabled Persons; supplemental care; Family and Charitable Trusts.

SB 559

Emergency Evaluation of Persons; authorized counselors, therapists.

SB 620

Guardian Ad Litem for Ward or Incapacitated Person; payment.

HB 339

Guardians for Wards, Incompetent Persons; persons serving as counsel.

SB 147

Guardianship Statutes; create Joint Guardianship Rewrite Committee.

SR 399

Guardianships; appointment procedures; committee to study statutes. ........ SR 77

Hypnotherapist Registration Law. ........................................ SB 662

Incapacitated Adults; evaluation physicians; guardian petitions.

SB 532

Indigent Persons Found Not Guilty by Reason of Insanity; legal defense; mental health advocacy program. ............................................. HB 1239

Insurance Coverage; include in any Health Care Reform Legislation.

SR 437

Issues of Mental Competency to Stand Trial for Alleged Felony Crimes.

SB 160

Medical Facility Staff Privileges; psychologists; treatment orders.

HB 726

Patients in State Institutions; cost of care; billing requirements.

HB 1149

Pharmacy Services; prescription department specifications.

SB 495

Plea of Mental Incompetency to Stand Trial; commitment of defendant.

SB 94

Professional Counselors of Certain Agencies; license exceptions.

SB 542

Records; disclosure; involuntary hospitalization; firearm purchasers.

SB 106

Respite Care for Mentally Retarded Persons; revise certain term. ............ HB 460

Refer to numerical index for page numbers

2420

JOURNAL OF THE SENATE

MENTAL HEALTH ASSOCIATION; Glenda King remarks ................ Page 568

MERCHANT, AMETHYST GAIL; University System Scholar; commend ...... SR 675

MERIT SYSTEM

Employees; define permitted and prohibited political activities. .............. SB 584

Employees; Department of Education; exclude classified service. ............. SB 538

Employees; Education Department; authority of state superintendent. ........ SB 20

Employees; Education Department; authority of state superintendent. ........ SB 26

Employees; Education Department; State School Superintendent powers. ... . . SB 552

Employees; Education Department; status during reorganization. ............ SB 536

Employees; fitness standards; physical exams; contracting providers. ......... SB 671

Employees; grievances; unfair treatment claims; filing procedures. ........... SB 356

Employees of Georgia Student Finance Commission; transfer to Georgia Student

Finance Authority. .................................................... SB 641

Employees; status of transfers from Department of Education. .............. SB 709

Employees; study committee on early retirement requirements.

SR 438

Employees; wage incentives; ineligibility; abusive public behavior. ........... SB 213

Personnel; new hires; exclusion from classified service. ...... .............. SB 635

MERRION, REVEREND LUCIOUS; expressing regrets at passing .......... SR 395

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

METROPOLITAN ATLANTA WATER AND SEWER SERVICES AND PRIVATE WATER SYSTEMS STUDY COMMITTEE; creation.

SR 620

MIDDLE GEORGIA COLLEGE BASEBALL TEAM; commend

SR 519

MIDDLE GEORGIA REGIONAL AIRPORT; U.S. Government lease agreement. ................................. ........................... SR 528

MIKESELL, GERRY A.; claims against the state; compensate.

HR 886

MILAM, WADE R., JR.; Designate bridge West Point Lake; Troup County. HR 304

MILITARY AFFAIRS (Also See Veterans)

Armory Facilities; joint usage by state, local governments, others. ........... SB 754

Designate; Brigadier General John R. Hullender Highway near Varnell. . . SR 385

Designate; Purple Heart Highway; portion 1-20 within Rockdale County. . SR 123

Designate; Purple Heart Highway to recognize veterans.

SR 384

Emergency Management Preparedness and Assistance Trust Fund; create. . HB 1440

Emergency Management, Southern Regional Compact; enact.

SB 387

Emergency Management; state agencies; emergency purchasing powers.

HB 288

Georgia National Guard Day; declare and commend. ....................... SR 464

Guardians; appointment; beneficiaries of service connected payments.

SB 347

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; Pearl Harbor veterans; repeal certain fee. ........... HB 522

License Plates; special; retention by retired military reservists.

SB 346

License Plates; special; retention of plates by retired reservists. ............. SB 618

License Plates; special; WWII veterans who served Eighth Air Force.

SB 203

Members of U.S. Armed Forces; license to carry pistols or revolvers.

SB 678

Middle Georgia Regional Airport; U.S. Government lease agreement.

SR 528

Military Personnel; vehicle emission inspection certificates. ................ HB 1290

National Guard Olympic Support Activities; authority of Governor.

HB 1431

POW-MIA Flag Honoring Prisoners of War, Missing in Action; display

SB 25

Private Industry; reemployment rights; absence due military service.

SB 299

State Military Property and Fiscal Officer; designation; authority. .......... HB 1293

Refer to numerical index for page numbers

INDEX

2421

MILITARY AFFAIRS (Continued)

State War Veterans' Home; operation by private provider; conditions. ........ SB 480

Surviving Children of Veterans or National Guard; educational grants.

SB 247

U.S. Armed Forces Veterans; guardian of a veteran or beneficiary. ........... SB 596

U.S. Military Forces; opposing transfer to United Nations command.

SR 455

U.S. Military Recruiting; use of driver's license information. ............... HB 1736

Veterans Affairs Overview Committee of General Assembly; creation. ........ SB 747

Veterans Awarded Purple Heart; handicapped parking privileges. ............ SB 92

Veterans Day; urge designation as a public school holiday. .................. SR 232

Veterans Parkway; designate certain portion Interstate 85 North. ............ SR 85

Veterans Returning to Public Employment; retirement credit. ............... HB 590

World War I Veterans Monument; study to consider possibility. ............. HR 873

MILLARD, AL; Sheriff of Walker County; honoring ......................... SR 538

MILLEDGEVILLE, CITY OF

Certain State Land Under Custody of DHR; sell by competitive bid. ......... HR 334

Georgia Military College; Board of Trustees; composition; terms.

SB 549

State Hospital for Inmates; relocating proposed medical facility. ............. SR 261

MILLER, GOVERNOR ZELL; State of State and Budget address

Page 35

MILLOWAY, MIKKI; University System Scholar; commend .................. SR 676

MILLS, JULIE, 1995-96 STATE 4-H PRESIDENT; commend

SR 475

MILLS, SISTER DAISY; commend ........................................ SR 716

MINOR, JOHN T., Ill; best wishes for speedy recovery ...................... SR 568

MINOR, WINSTON; Atlanta Fire Chief; introduced ........................ Page 452

MINORITIES

Minority Business Participation in State Contracts; bid opportunity.

SB 73

Public Employment, Education or Contracts; prohibit discrimination. ......... SB 82

MINORS

Abduction; urge schools teach children dangers and prevention.

SR 511

Admission to Certain Premises Exhibiting Sexual Matter; lawful age.

SB 396

Adoption of Children; persons petitioning; criminal records check.

SB 714

Adoption; parent or guardian prohibited sell child for money.

SB 130

Adoption; petitions; standards for termination of parental rights. ............ SB 611

AFDC Child Recipients; LEARNFARE pilot program; school attendance.

SB 298

AFDC Grants; children receiving; school attendance requirements.

SB 119

AFDC Recipients; persons under age 18; require live parent's home.

SB 380

AFDC Teenage Recipients; eligibility; school attendance requirements.

SB 13

Alcohol and Drugs, Dangers of; public school prescribed course.

SB 11

Alcohol and Drugs, Dangers of; public school prescribed courses.

HB 1362

Alcoholic Beverages; misdemeanor violations; court jurisdiction.

HB 1322

At-risk Youth; school dropouts; after-school academic program grants.

SB 64

Boat Safety; children under age 10 required wear flotation device. ........... SB 590

Boat Safety; moving vessels; flotation device on child under age 10.

HB 1160

Candy, Toys or Items Resembling Drug Paraphernalia; prohibit sales. ....... SB 509

Child Abuse; admissible testimony; statements of child to another.

SB 124

Child Abuse, Georgia Study Committee; creation. .......................... SR 164

Child Abuse; juvenile court judges specialized training. ..................... SB 730

Child Abuse Prevention Program Offering Support to Families; define. ....... SB 654

Child Abuse; State-wide Prevention Panel; administrative agency. ........... SB 493

Child Abuse Treatment Centers; funding; criminal, traffic fines. ............. SR 162

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2422

JOURNAL OF THE SENATE

MINORS (Continued)

Child Custody; appeals to appellate courts; expedite considerations.

SB 726

Child Custody; considerations; awards in best interest of child. .............. SB 348

Child Custody; crime of interference with visitation.

SB 219

Child Custody Disputes Involving Alleged Abuse; court jurisdiction.

SB 729

Child Custody; encouraging visitation by noncustodial parent.

SB 246

Child Custody; evidence of child abuse; supervised visitation only.

SB 727

Child Custody; orders requiring parent enter substance abuse program.

SB 551

Child Custody; parental visitation; findings of family violence.

SB 120

Child Custody; placement after termination of parental rights. .............. SB 619

Child Custody; presumption of joint custody; rebuttal; exceptions.

SB 616

Child Custody; right of child to select custodial parent at age 12. ............ SB 684

Child Safety Restraints; passenger vehicles; offense of failure to secure a safety

belt on a minor. ....................................................... SB 606

Child Support; computation; gross income and special circumstances.

SB 290

Child Support; inapplicable provisions; certain divorce cases. ............... HB 1145

Child Support; orders to maintain life insurance to benefit child.

SB 423

Child Support Recovery; delinquent professional business licensees.

SB 227

Childhood Disease Control; enrollment, vaccination registry program. ........ HB 844

Children; affirming principles to ensure their welfare. ...................... SR 609

Compulsory School Attendance; earlier enrollment at age six. ............... SB 190

Contributing to Delinquent Acts of a Minor Resulting in Serious Injury to

Another; penalties. .................................................... SB 396

Cruelty to Children, Certain Sex Offenses; acts of family violence.

SB 397

Cruelty to Children; define first, second degrees of the offense. .............. SB 159

Delinquent or Unruly Acts; disposition, custody of nonresident child.

SB 410

Driver Education Instruction; use of lottery for education funds. ............. SB 683

Driver's License; DUI offenses; suspension period; no driving permit. ......... SB 65

Driver's License; exemption; certain persons taking driver training.

SB 544

Driver's License; exemption; youth taking driver education training.

SB 504

Driver's License; extend driving privileges of certain 15 year olds.

SB 515

Driver's License; persons under age 18; intermediate licenses. ............... SB 741

Drivers' License; phased-in driving privileges; committee to study.

SR 580

Driver's License; requirements; school attendance and academics.

SB 98

Drivers Under Age 18; fines, charges; liability of certain adults.

SB 771

Driving; offense of failure to wear safety belt; vehicle occupants.

SB 79

Driving; offense of unlawfully driving at night; certain hours.

SB 79

DUI Alcohol; concentration exceeding 0.00 grams; penalties.

SB 79

DUI Alcohol; zero-tolerance for drivers under age 21.

SB 118

DUI; zero alcohol tolerance; eliminate plea of nolo contendere.

SB 568

Education; children committed to state facilities; litigation costs incurred by

local school systems; reimbursement. ................................... HB 1610

Employers Who Hire or Train Certain Minors; income tax exemption.

SB 76

Employment Prohibited Where Fireworks Stored or Public Exhibitions.

HB 1014

Estates; heirs, beneficiaries; revision of OCGA Titles 29 and 53. ............ HB 1030

False Identification Documents; sales to minors; increase penalties.

SB 578

Family Violence Involving Children; state commission representation.

SB 608

Family Violence Involving Children; State Commission representation.

SB 610

Firearms Protection for Minors; unsafe storage causing death or injury; offense

of criminal storage. ...............................................

SB 72

Fishing at Public Areas; persons under age 14; adult supervision.

HB 1162

Foster Care and Adoption; committee to study state programs.

SR 590

Grandparent Visitation Rights; determination of issues.

SB 640

Grandparent Visitation Rights; disputes; guardian ad litem; mediator.

SB 365

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INDEX

2423

MINORS (Continued)

Guardianships; appointment procedures; joint committee to study. ............ SR 77

Juvenile Court; deprived child removed from home; disposition orders.

SB 611

Juvenile Court Orders for Counseling; noncompliance punishment.

SB 77

Juvenile Court Proceedings; Parental Responsibility Act. .................. HB 1299

Juvenile Felony Offenders; notify school officials upon release. .............. HB 1370

Juvenile Felony or Delinquent Acts; hearings; notices; records.

SB 30

Juvenile Offenders; incarcerated youth; special school district. ............... SB 228

Juveniles in DCYS custody; unlawful acts by child or other persons. ........ HB 1197

Libraries; restrict access to harmful material defined OCGA Title 16.

SB 630

Missing Children Information; bulletin board display; state offices. .......... SB 638

Motor Vehicle Insurance; premium reductions for high school students ........ SB 21

Motorcycle and Electric Assisted Bicycles; requirements to operate. ......... HB 1230

Motorized Bicycles; requirements to operate; age restriction.

HB 1506

Parental Right; direct upbringing and education; amend Constitution.

SR 167

Parenting and Home Economics Education in Schools. Profiled ............... SB 6

Parenting Education; home economics instruction in schools.

SB 68

Paternity Petitions; appointment of Guardian Ad Litem to Represent.

HB 339

Persons Under Age 18; driving curfew period; license suspended 12 months for

DUI violations. ....................................................... SB 763

Piercing Bodies of Minor Without Parent Consent Prohibited; penalty.

SB 508

Play Vehicles; in-line roller skates; require protective gear.

SB 615

Prekindergarten Programs; toilet facilities screened for privacy.

HB 1211

Property Damage; malicious acts; parent liability; increase amount. .......... SB 255

Public School Curriculum; family violence, child abuse prevention.

HB 885

Sales of Tobacco Products Prohibited; failure to request ID. ................ HB 1365

School Disciplinary Decisions; notice, timing; appeal procedures. ............ HB 1444

School Enrollment; eligibility; children age 5 years by December 1.

SB 708

Schools; pocket pagers or electronic devices; permission policy. ............. HB 1214

Sex Education Courses; parental consent; public hearing; definitions. ........ SB 392

Sexual Abuse; convicted persons ineligible alternative incarceration. ......... SB 285

Sexual Offenses Against Females Under Age 16; rape, child molestation,

enticement for indecent purposes. ........................................ SB 57

Sexual Offenses Against Minors; change age of victim. ...................... SB 140

Statutory Rape Against Teenage Victims; age of perpetrator; penalty. ........ SB 543

Students Enrolled Private High Schools; advanced placement exam fees. ...... SB 83

Students Enrolled Private Schools; payment of AP exam fees.

SB 282

Surviving Children of Veterans or National Guard; educational grants.

SB 247

Teenage Pregnancy Prevention; create joint committee to study. ............. SR 515

Traffic Fatalities; young new drivers safety; committee to study. ............. SR 580

Victims of Family Violence; information as to shelters, resources. ............ SB 209

Youthbuild Program for Economically Disadvantaged Youth; establish.

SB 315

MION, MONICA MARIA; University System Scholar; commend .............. SR 677

MISDEMEANOR OFFENSES (Also See Crimes)

Cases Involving Unlawful Marijuana and Alcoholic Beverage Possession. HB 1322

Coin-operated Amusement Games or Devices; unlawful rewards.

HB 1151

Offense of Disorderly Conduct and Offense of Harassing Phone Calls.

SB 420

Probation Conditions; court ordered community service hours. ................ SB 78

Traffic Cases; transfer of cases and cash bonds. ........................... HB 1188

MISSING PERSONS Administration of estate; revise provisions. ............................... HB 1030 Missing Children; informative bulletin board display; state offices. ........... SB 638

Refer to numerical index for page numbers

2424

JOURNAL OF THE SENATE

MITCHELL COUNTY; Motor Vehicle Registration; four-month period. ....... HB 1390

MITCHELL, ROY; contribution to Georgia's Music Industry. ................. SR 589

MOBILE HOMES (Also See Buildings and Housing); ad valorem taxes; filing period; failure to return. ................................................. SB 280

MOENK, REVEREND JEAN ROBERT; honoring

SR 530

MONKEYS, SERVICE CAPUCHIN; rights of visually handicapped, deaf persons. ............................................................... HB 1268

MONROE, CITY OF; councilmembers; quorum to transact business. ......... HB 1812

MONROE COUNTY; designate; Elbert L. Jackson Memorial Bridge.

HR 1039

MONTGOMERY COUNTY; Heart of Ga. Regional Development Center; membership. ............................................................ HR 826

MOORE, MORRISON; designate East-West Connector around Dahlonega to honor. ................................................................. HR 817

MOORE, PASTOR GEORGE; commend

SR 725

MORAETES, TOM; commend ............................................. SR 719

MOREHOUSE SCHOOL OF MEDICINE 20TH ANNIVERSARY; recognize. SR 440

MORGAN COUNTY; Madison-Morgan County Airport Authority; creation. HB 1755

MORRIS, JAMES T.; commend ........................................... SR 539

MORTGAGES (Also See Property)

Lenders, Brokers; change definition; amend regulations, prohibitions. ........ SB 721

Property Deeds; recordation; inclusion of tax map and parcel number. ....... SB 136

Residential Property; payment of interest on escrow accounts; rate.

SB 393

MOSHIER, TERRY A.; Fulton County Election Board; honoring .............. SR 546

MOTOR FUEL TRANSPORT TANK TRUCKS OR TANDEMS; fuel deliveries. ............................................................... HB 39

MOTOR VEHICLES AND TRAFFIC

Abandoned Vehicles; lien foreclosures; judgment for attorney's fees. ........... SB 87

Accidents Involving Fatal Injuries; actions to verify organ donors. ........... SB 544

Ad Valorem; classification of heavy-duty equipment motor vehicles. ......... HB 1530

Alcoholic Beverages; possession of open containers in vehicles. ............... SB 60

Antifreeze; recycled, reclaimed or reprocessed; servicing vehicles. ........... HB 1442

Automobile Carriers; oversized vehicles; permitted configurations. .......... HB 1243

Automotive Repair Facilities Study Committee; creating. ................... SR 273

Bicycles Assisted by an Electric Motor; requirements; restrictions.

HB 1506

Bicycles Assisted by an Electric Motor; requirements to operate.

HB 1230

Certificate of Title; application; clarify county in which to file. ............... SB 280

Certificates of Title; vehicles previously titled in other states; repeal additional

title fees. ............................................................ HB 1253

Child Safety Restraint Law; offense of failure to secure; fines. ............... SB 606

Code Revision; Title 40; correct errors and omissions....................... HB 1195

Commercial Motor Vehicle Operator Disqualifications. ...................... SB 288

Driver Education Instruction; use of lottery for education funds.

SB 683

Driver's License and Permits; exemptions; driver training students. .......... SB 544

Driver's License; applicant exam, tests written in English language.

SB 265

Driver's License; deny issuance for child support noncompliance. ............ SB 227

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INDEX

2425

MOTOR VEHICLES AND TRAFFIC (Continued)

Driver's License; driver training; bail deposits; organ donors; habitual violators;

records release; appeal in family violence cases. .......................... SB 544

Driver's License; drivers under age 21; zero tolerance of alcohol. ............. SB 118

Driver's License; drivers under 21; DUI; 0-tolerance for alcohol. ............. SB 568

Driver's License; driving permits; privilege of certain 15 year olds.

SB 515

Driver's License; exemption; youth taking driver education training.

SB 504

Driver's License; false ID documents; intent to defraud, deceive. ............. SB 198

Driver's License, ID Cards; issuance requirements; prohibited acts.

HB 256

Driver's License; issuance to minors; school academic requirements.

SB 98

Driver's License; learner's permits; exempt persons age 21 or over.

SB 505

Driver's License; organ donor information; provide for disclosure.

HB 1331

Driver's License; persons under age 18; intermediate licenses. ............... SB 741

Driver's License; phased in privileges for young new drivers. ................ SR 580

Driver's License; records disclosure; U.S. military recruiting.

HB 1736

Driver's License; replacement permits or licenses; reduce fees.

HB 146

Driver's License; requirements; motor contract carriers for hire. ............ HB 1152

Driver's License; stolen license; no fees for replacement. ..................... SB 37

Driver's License; suspension; DUI offenders; persons under age 21. ........... SB 79

Driver's License; suspension; DUI offenses by persons under age 18. .......... SB 65

Driver's Licenses Privatization Act; certain Public Safety services. ........... SB 760

Drivers Under Age 18; driving curfew period; license suspended 12 months for

DUI violations. ....................................................... SB 763

Drivers Under Age 18; liability of adult signing license application. .......... SB 771

Driving Records; access by Rental Car Companies thru GaNet. .............. SB 724

Driving Records; records; release to rental car companies.

SB 544

DUI; convicted drivers; issuance of distinctive, marked licenses.

SB 211

DUI; drivers under age 21; zero tolerance of alcohol over .02 grams. ......... SB 118

DUI; driving under influence of glue, aerosol or other toxic vapors. .......... SB 560

DUI; eliminate accept plea of nolo contendere to charges. ................... SB 121

DUI; eliminate acceptance of a plea of nolo contendere to charge. ............ SB 525

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; habitual violators; surrender license plates; eliminate pleas; mandatory

sentences. ............................................................. SB 79

DUI; nonresident offender; increased fines in lieu community service. ........ SB 443

DUI; persons convicted 2nd offense; red stripe marker on license. ............ SB 544

DUI; persons indicted or accused vehicular homicide; time for trial. .......... SB 524

DUI; violations; habitual violators; mandatory imprisonment; minors,

0-tolerance; special license plates; eliminate pleas. ....................... SB 568

Equipment; flashing lights; vehicles standing in street or highways. ......... SB 217

Handicapped; change references to "persons with disabilities".

HB 653

Handicapped Parking Privilege; military veteran awarded Purple Heart.

SB 92

Insurance; auto, motorcycle; policy cancellation; review requests. ........... HB 1404

Insurance; auto, motorcycles; insurer cancellation, nonrenewal. .............. SB 757

Insurance; damages for liability of accidents; coverage required. ............. SB 334

Insurance; liability coverage; cancellation for dishonored check. ............. SB 238

Insurance; motor vehicle; premium reductions; high school students. .......... SB 21

Insurance; nonrenewal based upon termination of agency agreement.

HB 1439

Insurance; proof of coverage; recently acquired vehicle ownership.

SB 563

Insurance; rate filings; certain report required of Commissioner.

HB 1404

Insurance; valid cancellations; insurers failure to notify PSD. ............... SB 151

Insurance; vehicle accidents; commercial solicitation of victims. .............. SB 369

Insurers; changing rates or underwriting rules; filings required.

SB 660

Insurers; new rate filings; access by legislative committees. ................. SB 535

Refer to numerical index for page numbers

2426

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Juvenile Motor Vehicle or Watercraft Violations; disposition of. .............. SB 629

License Plates; DUI habitual violators; impoundment of regular plates; issuance

of specially marked plates. .............................................. SB 79

License Plates; front and rear plates; study of effectiveness. ................. SR 615

License Plates; special; Civil War historic sites program. .................... SB 649

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; motorcycles; handicapped persons; antiques.

SB 438

License Plates; special; Pearl Harbor veterans; repeal certain fee. ........... HB 522

License Plates; special; retention by retired military reservists. .............. SB 346

License Plates; special; retention of plates by retired reservists .............. SB 618

License Plates; special; Shriner hospitals for handicapped children.

SB 520

License Plates; special; WWII veterans who served Eighth Air Force. ........ SB 203

License Plates; staggered registration; 4 and 12-month period system.

SB 280

License Plates; staggered 12-month registration; transfer of plates.

SB 245

Limousines; vehicles for hire; chauffeur qualifications; inspections. ............ SB 14

Misdemeanor Traffic Offenses; transfer of cases and cash bonds. ...

HB 1188

Motor Common Carriers; PSC certificates; rules, jurisdiction. ................ HB 609

Motor Fuel Transport Tank Trucks or Tandems; fuel deliveries. .............. HB 39

Motor Vehicle Repair Shops; customer rights; written estimate.

...

SB 440

Motor Vehicle Sales Financing; commercial trucks; delinquent charge. ....... SB 574

Motorcycles; requirements for licensure; use of protective headgear. ......... HB 1230

Off-Road Timber Harvesting Equipment; intent of sales tax exemption.

SR 277

Offenses Involving Operating Without Permission of Owner; penalty. ........ SB 557

Pedestrians; roadway permits to solicit charitable contributions. ............ HB 1198

Play Vehicles Operated by Minors; roller skates; protective gear. ............ SB 615

Public Safety; contractors teacher certain public school courses.

HB 1362

Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294

Registration, Licensing; staggered 4 and 12-month period systems. .......... SB 280

Registration, Licensing; vehicle emission inspection certificates.

HB 1290

Registration, Licensing; 12-month staggered system; certain counties. ........ SB 245

Rental Car Companies; access customer driving records thru GaNet. ......... SB 544

Rental Vehicles; levy of 3% excise tax in special tax districts. .............. HB 1319

Seat Safety Belts; occupants of vehicles operated by minors. ................. SB 79

Seatbelts in Passenger Vehicles; penalties for violations. .................... SB 646

Seatbelts; occupants of vehicles operated by drivers under age 18. ........... SB 741

Seatbelts; passenger vehicle restraints; violations; fines. .................... SB 606

Speed Detection; doppler or lazer timing devices; officer certification; permit

suspension, .................................................... ..... HB 1256

Speed Limits Through Road Construction Sites; establishment of. ........... SB 580

Speed Regulations; prohibit DOT, PSC officers enforce restrictions.

HB 1738

Speed Restrictions; increase maximum lawful limit; certain highways.

HB 1510

Speed Restrictions; increase maximum limit; interstates, urban areas. ....... SB 688

Speed Restrictions; increase maximum limits; unpaved county roads; federal

interstates; urban areas; physically divided highways. .................... SB 606

Stop Signs, Railroad Signals; acts causing homicide, serious injury. ......... HB 1643

Stop Signs, Railroad Signal; interference; homicide; serious injury. ......... HB 1256

Stop Signs; removing and causing death of another person; penalty. ......... SB 697

Taxicab Operators; self-insurance certificates. .............................. SB 563

Taxicabs, Limousines; medical insurance coverage for passengers. ........... SB 658

Traffic Control Device or Railroad Sign or Signal; offenses of homicide by

interference and serious injury. ........................................ HB 1256

Traffic Devices or Railroad Signals; interference; offenses of homicide and

serious injury. ....................................................... HB 1643

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INDEX

2427

MOTOR VEHICLES AND TRAFFIC (Continued) Traffic Fines; funding for Technology Related Assistance Trust Fund. ........ SR 166

Traffic Misdemeanor Cases; trial by jury; transfer posted bond. ............. HB 1188

Traffic Offenses; additional penalties; allocate for Child Abuse Treatment Programs. ............................................................ SR 162

Traffic Offenses; evidence; videotapes made by enforcement officers........... SB 444

Traffic Violations; additional penalty assessments to fund technology related rehabilitation services. ................................................. SB 295

Truck Chassis Requiring Special Wrecker Services; unique ID number. . . . . . HB 1290

Truck Chassis Requiring Specialized Treatment by Wreckers; identify. ....... SB 767

Trucks, Tractors, Trailers; retail financing; delinquency charges.

HB 1728

Used Car Buyer's Protection; consumer disclosure rights; warranty........... SB 600

Used Car Dealers; sales or leases; disclose to purchaser other liens........... SB 153

Used Car Sales; impoundment of vehicles displayed at unlicensed facilities; advertising. .......................................................... HB 1272

Vans and Buses Owned by Religious Groups; ad valorem tax exemption. . HB 756

Vehicle Accidents; commercial solicitation of victims prohibited.

SB 369

Vehicle Emission Inspections; centralized testing prohibited.

SB 251

Vehicle Emission Inspections; prohibited acts; compliance. ................. HB 1290

Vehicles; excess maximum length; single-trip emergency permits. ............ HB 717

Vehicles; excess weights, loads; solid waste haulers; tandem axle.

SB 591

Vehicles for Hire; certificated limousine carriers; requirements.

SB 16

Vehicles or Trailers; liens; exclusion; certain rental agreement. .............. SB 127

Vehicles Standing in Street or Highways; flashing light requirements.

SB 217

Violations; criminal procedure; bail; failure to appear; recordation of license number by officer; witnesses. ........................................... SB 544

Young Drivers; committee to study reducing traffic fatalities. ................ SR 580

MOTOR VOTER BILLS

National Voter Registration Act; repeal provisions enacted by state.

SB 252

National Voter Registration Act; repeal provisions enacted by state. ......... SB 355

National Voter Registration Act, 1993; financial burden to state; urge fund or

repeal Act. ........................ SR 130

MOTORCYCLES

Insurance; nonrenewal based upon termination of agency agreement. ....... HB 1439

License Plates; special; issuance for handicapped persons; antiques. ......... SB 438

Motorcycle Awareness and You Month, May 1996; recognizing .............. SR 548

Motorcycle Insurance; insurer cancellation or nonrenewal actions. ........... SB 757

Motorcycle Insurance; policy cancellation; review requests. ................. HB 1404

Motorized Bicycles; requirements to operate; age restriction. ............... HB 1506

Offenses Involving Operating Without Permission of Owner; penalty. ........ SB 557

Operator Licensing; persons not to be licensed; protective headgear.

HB 1230

MOULTRIE AND COLQUITT COUNTY, RESTORATION OF HISTORIC JAIL; commend ......................................................... SR 626

MUNICIPAL AND COUNTY POLICE DEPARTMENTS' NOMENCLATURE ACT; enact. .......................... HB 713

MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA; easement; Washington County. ................................................................ SR 458

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2428

JOURNAL OF THE SENATE

MUNICIPALITIES (Also See Local Government)

Acts of General Assembly Increasing Expenditures; effective date. .......... HB 1383

Acts of General Assembly; local legislation; notice requirements. ............ HB 1385

Ad Valorem; assess state property for local services in lieu of tax. ........... SB 487

Ad Valorem; cities of 350,000, 1970 Census; repeal provision ............... HB 1771

Ad Valorem; delinquent taxes; judicial in rem tax foreclosures. ............. HB 1226

Alcoholic Beverage Sales on Sundays; local authorization procedures.

SB 585

Alcoholic Beverages; retail distilled spirits dealers; licensing. ................ SB 577

Alcoholic Beverages; wholesale, retail licensees; residency. .................. SB 422

Budgetary, Fiscal, Auditing Procedures; statutory construction.

SB 447

Business or Occupation Taxes; amount of tax levy; criterion. ................ SB 314

Chambers of Commerce; mergers; approval of governing authorities.

SB 715

Charitable Solicitations on Streets, Highways Within City Limits.

HB 1198

Cities of 1,500 or Less; solid waste disposal facility location. ................ SB 501

Cities of 1,500 or Less; waste disposal facility; county approval. ............. SB 502

Community Improvement Districts; special taxes; public services cost. ....... SB 682

Contracts; multiyear contracting powers of school systems. .................. SB 428

Contracts; multiyear leases, purchases; revise procedures.

SB 567

Corporate Boundaries; reincorporation; area whose charter repealed.

HB 1556

Corporate Limits; annexation by local Act; establish effective date.

HB 1192

Corporate Limits; annexation; contiguous or noncontiguous territory.

SB 695

Corporate Limits; area seeking incorporation; measuring boundaries.

SB 634

Council for Civic Renewal; intergovernmental resources coordination. ........ SB 366

Credit Card Payments for Taxes, Fees; authorize but not required.

. . . . HB 1591

Development Authorities; redefine projects; management contracts.

SB 749

Elected Officers; term limitations; amend Constitution. ...................... SR 3

Elected Officers; term limitations; 12 consecutive years. .................... SB 340

Elections; qualifying periods; minimum, maximum number of days. ......... HB 1252

Elections; rooms used as polling places; display of U.S. Flag. ................. SB 33

Elections; voter registration; registrars; precinct boundaries.

HB 1518

Elections; voting by absentee ballot; elector's choice. ....................... HB 1723

Elections; voting precincts; method to change boundaries. .................. HB 1415

Environmental Courts; provide; litter and illegal dumping controls. .......... SB 108

Expenditure Mandated by Legislation Requiring Undue Fiscal Burden.

SB 216

Expenditures Mandated by Legislation; General Assembly procedures. ........ SB 38

Georgia Future Communities Commission; extend to 1997.

HR 987

Historical Townships; unincorporated town councils; designation. ............ SB 531

Hotel-Motel Excise Tax; change provisions; time period collectable.

HB 1403

Hotel-Motel Excise Tax; levy by local consolidated governments. ............ HB 1487

Housing Authorities; commissioners; elected officials, employees. ............ SB 643

Inactive; reincorporation; granting of new charters. ........................ SB 569

Investment of Funds in Bank Certificates of Deposits.

SB 242

Jail Facilities; regional authorities; participant municipalities. .............. SB 735

Junkyards, Salvage Yards; location; screening; actions against owner.

SB 302

Litter Abatement; increase fees for restaurants, convenience stores.

SB 503

Litter Control and Abatement; cities of 120,000; revenue sources.

SB 617

Local Retirement Systems; financial reports; investment practices.

HB 1650

Local Retirement Systems; investment of assets in equities; audits.

SB 698

Municipal, County, and Volunteer Fire Departments Nomenclature Act.

HB 1484

Municipal Courts; misdemeanor traffic cases; transfer of bond. ............. HB 1188

Municipal Courts; probation services; standards; advisory council.

SB 751

Municipal Employees Benefit System; creditable service; veterans.

HB 590

Municipal Probation Systems; collection of delinquent fines. ................. SB 276

Ordinances; littering violations; fines specified by state law.

SB 107

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INDEX

2429

MUNICIPALITIES (Continued) Police Department's Official Emblem, Badge, Name; unauthorized use. ....... HB 713

Public Records; fees for copying, search, retrieval of documents. ............ HB 1170

Sales Tax; special purpose county; proceeds sharing. ........................ SR 20

Solid Waste Landfill Site Suitability; prohibited locations. ................. HB 1118

Speed Limits Through Road Construction Sites; establishment of. ........... SB 580

Tax Sales; Land Bank Authorities; interlocal agreements; parties

SB 545

Volunteer Fire Departments; formation of nonprofit corporations. ............ SB 416

Zoning Actions; review procedures; Good Neighbor Zoning Act. .............. SB 270

Zoning Hearings; presentation of opinions; minimum time period. .......... HB 1203

Zoning Procedures; annexation procedures; notices; effective date. .......... HB 1231

Zoning Procedures; defeated rezoning actions; reconsideration. .............. SB 215

Zoning Proposals; planning commission; require review land use plan. ....... SB 566

MURDER (Also See Crimes or Sentence) Commission of Crimes Using Certain Weapons; enhanced penalties. Pretrial Proceedings; issues of mental competency to stand trial.

HB 308 SB 160

MURPHY, WALTER YOUNG; President of LaGrange College; commend

SR 549

MURRAY COUNTY

Coroner; change compensation ........................................... SB 775

Designate; Charles A. Pannell, Sr. Highway; portion Highway 225.

SR 507

Designate; Kirby Park, Sr. Memorial Bridge over Sumach Creek.

....... HR 969

Designate; Southern Highroads Scenic Highway route. ..................... HR 805

Designate; W.W. 'Bill' Fincher, Jr. Highway; portion Highway 225.

SR 506

Designation of the Southern Highroads Scenic Highway route.

SR 484

Magistrate Court; chief magistrate; compensation. ......................... SB 776

Property Conveyance; communications tower easement; Fort Mountain.

SR 458

Superior Court Clerk, Sheriff, Probate Judge, Tax Commissioner; change compensation. ...................................................

SB 774

Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221

MUSCOGEE COUNTY; Magistrate Court; additional magistrate. ........... HB 1407

MUSEUMS

Civil War Commission; sale of historic sites license plates. .................. SB 649

Georgia State Museum Authority Act; create public corporation.

HB 1169

Nonprofit, Charitable, Educational; exempt ad valorem property tax.

HB 252

Public Facilities; pesticides, fumigants notice requirements.

HB 1317

State Railroad Museum; Central of Georgia Railroad Shops; Savannah.

SB 415

MUSGROVE, DOWNING E.; designate Causeway to honor; Glynn County. HR 982

MUSIC INDUSTRY

Georgia Music Hall of Fame Authority; allow marketing expenditures.

SB 588

Mitchell, Roy; contribution to Georgia's Music Industry; commend ........... SR 589

Music Royalties; copyrighted works; retail sales contracts. .................. SB 426

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2430

JOURNAL OF THE SENATE

N

NATIONAL GUARD

Armory Facilities; joint usage by state, local governments, others. ........... SB 754

Emergency Management, Southern Regional Compact; enact. ............... SB 387

Georgia National Guard Day; declare and commend.

SR 464

History of National Guard; inclusion in State Museum collection. ........... HB 1169

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; retention by retired military reservists.

SB 346

National Guard Olympic Support Activities; authority of Governor.

HB 1431

Property Conveyance; surplus property in Stephens County. ................ HR 351

Reemployment Rights in Private Industry; absence due military duty.

SB 299

State Military Property and Fiscal Officer; designation; authority.

HB 1293

NATURAL DISASTERS (See Disaster Emergencies or Emergency Management)

NATURAL RESOURCES AND CONSERVATION (Also See Game or Environment or

Waters)

Acquisition of Property to Manage and Protect Rivers, Streams, Parks, Wildlife

Areas; sale of surplus state property to fund. ............................ SR 457

Air Pollution; vehicle emissions; centralized testing prohibited.

SB 251

Amend O.C.G.A. Title 12; update references; certain effective dates.

HB 1224

Boat Registration; private agents of department; fee for services ............ HB 1161

Civil War Commission; historic sites program; license plate sales. ........... SB 649

Clean Air Standards; motor vehicle emission inspections; certificate

requirements; prohibit centralized testing. .............................. HB 1290

Code Revision; Title 12; correct errors and omissions. ...................... HB 1195

Commissioner; Rural Transportation and Economic Development Council. SB 591

Department; law enforcement officers; entitled to witness fees. ............. HB 1199

Environmental Education; encourage school outdoor classrooms. ............. SR 614

Environmental Laws; noncompliance; business, industry trade secrets. ....... SB 244

Environmental Protection Division; asbestos contractor licensing.

HB 1636

Environmental Violations; trust fund for reparation of damages. . . .......... SR 504

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Fishing Regulations, Restrictions; hatcheries, public areas; possession limits,

lures; intoxication; parking; supervised minors. ......................... HB 1162

Fort Yargo State Park; fire tower site; lease to City of Winder. .............. HR 234

Georgia Music Hall of Fame Authority; allow certain expenditures. .......... SB 588

Ginseng Plant Growers; registration; permission to harvest; season.

HB 1263

Hazardous Site Reuse and Redevelopment Act; enact.

HB 1227

Hazardous Waste; corrective actions; funding; state may incur debt.

SR 128

Historic County Courthouses; authorize study to identify needs. ............. SR 618

Jekyll Island-State Park Authority; fees; fire protection services.

SB 665

Jekyll Island State Park; undeveloped land; development restrictions. ........ SB 178

Kendrick, Tim, Wildlife Resources Officer; commend flood efforts.

SR 490

Lead Hazard Reduction Activities; licensure of persons employed.

SB 554

Long County Wildlife Management Area; access to adjoined landowners.

HR 885

Motor Fuel Delivered Directly Into Vehicle Tank; spillage controls.

HB 39

Property Conveyance; surplus property; convey City of Carrollton.

SR 413

Public Lands Preservation; create the Georgia Land Trust; proceeds

SB 674

Radiation Controls; create new state Department of Public Health.

HB 528

Solid Waste; handling facility permits; consider impact to area. ......... SB 579

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INDEX

2431

NATURAL RESOURCES AND CONSERVATION (Continued)

Solid Waste; pollution prevention; landfill siting permits; agency decisions;

judicial review. ....................................................... HB 148

Sports Hall of Fame Authority; powers; promotional expenditures. .......... HB 1838

State Land Trust; provide for establishment of; amend Constitution. ........ HR 1129

State Park Facilities; sublease Maple Creek site, West Point Lake. .......... SB 425

Stone Mountain Memorial Park Natural Areas; development restrictions. . . . . . SB 27

Waste Management; municipal landfills; site location restrictions. .......... HB 1118

Waste-water Treatment; sludge residue; storage, disposal sites. ............. SB 267

Water Conservation Investment Reducing Ground-water Use; tax credit.

HB 1589

Water Pollutants; erosion; land disturb activities; management of. ........... HB 350

Water Pollutants; sewage and waste disposal; permit restrictions.

SB 648

Water Pollutants; sewage and waste disposal; permits restrictions.

HB 1504

Water Pollution Controls; metro Atlanta area infrastructure issues. .......... SR 620

Water Pollution; dry cleaning solvent wastes; corrective actions. .............. SB 56

Water Pollution; effects on lower Chattahoochee communities; loans. ......... SB 497

Water Pollution Management; authority of Board of Natural Resources. ... HB 1788

Water Pollution of Chattahoochee River from Sewer Treatment Systems. . . . .. SB 500

Water Resources; creating the Boat Safety Study Committee. ................ SR 86

Waters; tidewaters and navigable; permits for structures. ................... SB 442

West Point Lake; Maple Creek site; sublease for private development. ....... SB 425

NESSMITH, PAUL E.; designate Parkway for; Bulloch County. .............. HR 332

NEWBORN BABY AND MOTHER PROTECTION ACT; enact.

SB 482

NEWS MEDIA

Criminal Trials; crime of tampering with jury to obtain information. ......... SB 191

Criminal Trials; disclosure of information; unlawful compensation. .......... SB 172

Unauthorized Use of a Police Department's Nomenclature or Emblems.

HB 713

NEWSOME, WILLIAM BRIAN; University System Scholar; commend ........ SR 678

NEWTON COUNTY

Ad Valorem Taxes; homestead exemption; certain leases; referendum. ....... HB 1695

Superior Court; Alcovy Judicial Circuit; third judgeship. .................... SB 278

Transfer to Northeast Georgia Regional Development Center; ratify.

HR 823

Transfer to Northeast Georgia Regional Development Center; ratify.

HR 826

Water and Sewerage Authority; revenue bonds. ........................... HB 1823

NGUYEN, ADAM T.; University System Scholar; commend .................. SR 679

NICHOLLS; designate; Buford C. Gilliard Bridge. ........................... SR 595

NITROUS OXIDE Controlled Substance Violations; unlawful distribution. ..................... SB 565 Illegal drug trafficking; felony penalty ..................................... HB 342

NO-SMOKING REGULATIONS

Corrections Facilities; urge designated outside smoking areas. ............... SR 304

Smoke-Free Class of 2000 Project; commend ............................... SR 628

Smoking, Using Tobacco Products in Place of Employment Prohibited.

SB 236

NOBLES, SHARON I.; claims against the state; compensate. ................ HR 887

NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations)

Charitable Food Distribution; correctional farms produced products.

SB 431

Charitable Solicitation Campaigns; requirements of paid solicitors.

HB 1266

Charitable Solicitations; paid solicitors; registration; accounting of fundraising

contributions. ......................................................... HB 840

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2432

JOURNAL OF THE SENATE

NONPROFIT ORGANIZATIONS (Continued)

Counties of 400,000 or More; charitable grants, contributions. .............. HB 1682

Golf Hall of Fame; nonprofit corporation powers; tax exempt status. ........ HB 1327

Hospices, In-patient Licensed; purchases; sales tax exemption. ............. HB 1241

Museums; nonprofit, educational purposes; ad valorem tax exemption. ....... HB 252

Nonprofit Corporations Owning or Controlling Hospitals; mergers. ........... SB 702

Nonprofit Corporations Which Own Hospitals; disposition of assets.

SB 701

Permits to Solicit Charitable Contributions on Local Streets, Roads. ........ HB 1198

Raffles Operated by Bona Fide Organizations; special licensing. ............ HB 1637

State Employee Charitable Donations; define qualified organizations. ....... HB 1454

State Games Commission; powers; nonprofit subsidiary corporations

SB 737

Volunteer Fire Departments; formation of nonprofit corporations.

SB 416

NORCROSS, CITY OF City Council; appointed officers; mayor residency; delinquent tax collection; retirement plan. ..................................................... HB 1374
Corporate Limits; change. ............................................... HB 1772

NORTH GEORGIA COLLEGE Military Program, Senior Reserve Officers' Training Corps; support. ........ HR 1074 North Georgia College ROTC Program; nonresident student tuition. ........ HB 1156

NORTH GEORGIA MOUNTAINS; Blairsville; official state sorghum festival. HR 156

NORTHEASTERN JUDICIAL CIRCUIT; Superior Court; term; Dawson County. ................................................................ SB 547

NOTARIES PUBLIC; execution of performance bonds; bond amount. ......... SB 403

NUCLEAR POWER PLANT OWNERS; decisions to ban certain employees. SB 427

NUDITY AND SEXUAL CONDUCT

Establishments Exhibiting Nudity; restrict locations. Original Bill. .......... SB 674

Offenses of Public Indecency; punishment; cumulative to other laws.

HB 1531

Outdoor Advertising Depicting Obscene Material, Nudity; prohibitions........ SB 586

NUISANCES Municipal Environmental Courts; provide for; jurisdiction. .................. SB 108 Property Upon Which Substantial Drug Related Activities Occur. ........... HB 1287 Public Health, Safety Violations; injunction cases; enforcement. ............... SB 69

NURSES Pronouncement of Death of a Patient in Nursing Home Facility ............ HB 1655 Registered Advanced Practice; ordering prescriptions, treatment. ............ SB 627

NURSING AND PERSONAL CARE HOMES Assisted Living Communities; new category of facilities to replace former personal care home category ........................................... HB 460
Dental Hygienists Working in Nursing Homes; supervision requirement. . . SB 389 Emergency Guardians; appointment; consent to emergency care. ............ SB 143 Health, Safety Violations; injunction cases; contempt; appeals. ............... SB 69 Long-term Care Financing; individual medical care savings programs. ....... SB 555 Nursing Home Administrators; provisional licenses; validity. ............... HB 280 Nursing Home Facilities; pronouncement of death of patient. ............... HB 1655 Nursing Home Inspections; disclosure; DHR worksheets, documents ........ HB 1583

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INDEX

2433

o

OBSCENITY Disorderly conduct; use of obscene or vulgar language....................... SB 420 Outdoor sign advertising materials; prohibitions. ........................... SB 586

OBSTETRICS, OBSTETRICIANS Newborn Baby and Mother Protection Act; insurance coverage. .............. SB 482 Women's Access to Health Care Act; enact. ................................ SB 592

OCCUPATIONAL THERAPISTS; exemption.

SB 368

OCONEE COUNTY; Superior Court; Western Judicial Circuit; third judgeship. .............................................................. SB 306

ODUM, CHAD; Douglas City Police Officer; Top Cop Award

SR 514

OFF-ROAD TIMBER HARVESTING EQUIPMENT; intent of sales tax exemption. ............................................................. SR 277

OFFENDER REHABILITATION (See Corrections)

OFFERMAN, CITY OF New Charter; incorporation; powers. ..................................... HB 1811 New Charter; incorporation; powers. ..................................... HB 1905

OFFICE OF SCHOOL READINESS; creation.

SB 709

OFFICE OF TREASURY AND FISCAL SERVICES; Duties; Technology Related Assistance Trust Fund. .......................................... SB 510

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE, JAMES EDWARD

Recognizing Observance of 300th Anniversary. ............................. SR 705

Tercentenary Commission; observance of 300th Anniversary; creation.

SR 101

Tercentenary Commission on 300th Anniversary; establish.

HR 1045

OLUBUYIDE, OLUWAMUYIWA, PERFECT SCORE ON SAT; commend

SR 562

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996

Boat Races, Regattas; licensed events; exempt certain restrictions.

SB 604

Boats Used by Competitors; personal flotation devices exemption. ........... SB 529

Comprehensive Recycling Plans; urge implement at Olympic venues.

SR 426

Georgia Centennial Olympic Park; land donated by Genuine Parts Company;

convey ownership to WCC Authority. ................................... SR 525

National Guard Olympic Support Activities; authority of Governor.

HB 1431

Olympic Landlord-Tenant Oversight Commission; creation .................. SR 394

Olympic Stadium; urge name new stadium to honor Henry Aaron ........... SR 596

Price Gouging; housing rentals during Olympic Games; prohibition. .......... SB 522

Stone Mountain Memorial Park; venues; return grounds natural areas. ....... SB 27

Vessels Participating in Games; personal flotation device exemption. ........ HB 1228

Volunteers Performing Service Without Pay; workers' compensation.

HB 106

ONION CROP PROCESSING MACHINERY, EQUIPMENT; sales tax exemption. ............................................................ HB 1399

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2434

JOURNAL OF THE SENATE

OPEN BOTTLE BILL; Alcoholic Beverages; possession in vehicles; penalty.

SB 60

ORGAN DONORS (Also See Anatomical Gifts or Health) Donor Cards; motorcycle operators encouraged but not required............. HB 1230 Driver's License Information Disclosure; donor registry. ................... HB 1331 Fatal Vehicle Accidents; verification; duty of officers at scene. ............... SB 544

OSTEOPOROSIS

Outpatient Self-management Services; insurance coverage.

HB 1320

Prevention and Treatment Education Program; provide. .................... HB 433

OSWALD, JERRY; Legislative Coordinator, J.C. Penney Co.; commend ........ SR 534

OUTER PERIMETER HIGHWAY; remove from Developmental Highway System. ................................................................. SB 2

OWEN, DR. JOHN H.; name intersection in Dahlonega to honor. ............. HR 825

PADGETT, MICHAEL J., SR.; name portion Hwy 56 in Augusta to honor. HR 189

PANNELL, CHARLES A., SR,; designate highway to honor. ................. SR 507

PARALYMPIC GAMES OF 1996

Boats Used by Competitors; personal flotation devices exemption.

SB 529

National Guard Olympic Support Activities; authority of Governor. ......... HB 1431

Recycling Plans; urge host communities develop at Olympic venues. ...... SR 426

Vessels Participating in Games; personal flotation device exemption.

HB 1228

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES (Also See Probation and Corrections) Board; supervision of persons in transition or intermediate programs. ........ SB 693 Claims Against the State; Terry Wanzer; incarceration; mistaken ID. ........ HR 973 Conditional Authority of Superior Court Imposing Original Sentence. ........ SB 633 Employees; applicable proper and improper political activities. .............. SB 584 Parole Conditions; completion of Family Violence Counseling Program. ....... SB 157 Parole Conditions; inmates whose history indicate alcohol, drug use. ......... SB 154 Probation Conditions; violations in Drug-free Commercial Zones. ........... HB 1654 Sex Offenders; parole conditions; registration of resident address. ............. SB 53 State Board; actions, names and findings of members; public records. ........ SB 139 State Board of Pardons and Paroles; abolish; amend Constitution. ........... SR 456 State Board; state-wide elections; amend Constitution. ...................... SR 34 State Board; voting records; release for public inspection. .................... SB 59

PARENT AND CHILD (Also See Domestic Relations or Minors)

Adoption; parent or guardian prohibited sell child for money.

SB 130

Child Abuse Prevention Resource Programs; community based services.

SB 654

Child Custody; actions between parents or award to third parties. ........... SB 348

Child Custody; appeals to appellate courts; expedite considerations. .......... SB 726

Child Custody; crime of interference with visitation. ........................ SB 219

Child Custody; encouraging visitation by noncustodial parent.

SB 246

Child Custody; evidence of child abuse; visitation restrictions. ............... SB 727

Child Custody; parent visitation; findings of family violence. ................ SB 120

Child Custody; right of child to select custodial parent at age 12. ............ SB 684

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INDEX

2435

PARENT AND CHILD (Continued)

Children Under Age 18; vaccination registry program; enrollment.

HB 844

Cruelty to Children; allow witness commission of forcible felony. ............ SB 159

Cruelty to Children; piercing body of minor without parent consent. ......... SB 508

Firearms Protection for Minors; unsafe storage; criminal offense.

SB 72

Foster Care and Adoption; committee to study state programs. .............. SR 590

Grandparent Visitation Rights to a Minor Child; change provisions. ......... SB 640

Juvenile Court Orders for Counseling; noncompliance punishment. ........... SB 77

Juvenile Court Orders for Parent to Enter Substance Abuse Program. ....... SB 551

Juvenile Court Proceedings; Parental Responsibility Act.

HB 1299

Minor Children; malicious property damage; parent liability ................ SB 255

Minor Drivers' Negligence, Misconduct; liability of certain adults.

. SB 771

Parental Right to Direct Upbringing and Education. ........................ SR 167

Parental Rights; grounds for termination; placement of child; reunification

plans; petition for adoption. ............................................ SB 611

Parental Rights; termination; placement of child in best interest.

SB 619

Paternity Petitions; guardian ad litem for minor; appointment.

HB 339

Pre-kindergarten Family Services Coordinators; duties defined.

SB 694

Sex Education Courses in Public Schools; parental consent and review.

SB 392

PARK, KIRBY; designate bridge in memory of; Murray County.

HR 969

PARKING SPACES; handicapped privileges; veterans awarded Purple Heart. SB 92

PARKS AND RECREATION

Boat Safety; restricted areas of operation; life preservers. .................. HB 1160

Civil War Historic Sites Program Fund; special license plate sales. .......... SB 649

Cumberland Island and City of St. Marys; urge National Park Service adopt

plan for historic properties. ............................................ HR 316

Georgia Recreation and Park Association; commend

SR 463

Jekyll Island-State Park Authority; fees; fire protection services.

SB 665

Jekyll Island State Park; undeveloped land; development restrictions.

SB 178

Property Conveyance; lease land tracts to Rockdale County.

SR 445

Public Parks, Recreation Areas; acquisition of property; funds.

SR 457

State Facilities; sublease of Maple Creek Site, West Point Lake. ............. SB 425

State Parks; increase land area through a State Land Trust. ............... HR 1129

State Parks; leases for golf course facilities; Clay, Ware Counties.

SR 257

Stone Mountain Memorial Park; natural areas; development restriction.

SB 27

PARKVIEW HIGH SCHOOL FOOTBALL TEAM; commend

SR 417

PARROTT, HAROLD FRANCIS; 1947 Brooklyn Dodgers; commend

SR 656

PASTORAL COUNSELING; sexual contact with client prohibited.

HB 1033

PATERNITY PETITIONS; guardian ad litem for minor; appointment.

HB 339

PATIENT PROTECTION ACT OF 1996; enact.

HB 1338

PATIENTS (Also See Medical Practice or Health Care or Insurance)

Health Care; managed care insurance plans; Patient Protection Act.

SB 479

Health Care; managed care insurance plans; Patient Protection Act. ......... SB 707

Health Care Needs; new pharmaceutical products; urge rapid approval.

SR 567

Mental Health Institutions; billing persons liable for cost of care.

HB 1149

Obstetrics, Gynecology Services; Women's Access to Health Care Act. ........ SB 592

Sexual Assault; contact with person seeking pastoral counseling.

HB 1033

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2436

JOURNAL OF THE SENATE

PATTERSON, NICKI; University System Scholar; commend ................. SR 680

PAULDING COUNTY Designate; Jimmy Lee Smith Parkway; Highway 278, City of Hiram. ....... HR 1016 Paulding County High School Junior ROTC Program; recognize ............. SR 728

PAWNBROKERS

Failure to Secure Firearms; advertising credit terms, interest rate. .......... SB 269

Handguns; background checks; exempt person reclaiming pledged goods.

SB 624

PEACE OFFICERS (Also See Law Enforcement) Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183 Disciplinary Actions Against; professional criteria for processing. ............. SB 15 Employment and Training; transfer duties to Board of Public Safety. ........ SB 484 Retirees From Local Agencies; carrying pistols in public buildings. ........... SB 454 Training Certification; sheriffs; qualifications to take office. .................. SB 84 Training Fund Act; allocations; state and local officer training. .............. SB 155 Training; transfer duties to Georgia Public Safety Training Center. .......... SB 485

PEACE OFFICERS ANNUITY AND BENEFIT FUND

Benefit Payments; retirees who are temporarily reemployed.

HB 1047

Creditable Service; veterans; military service. .............................. HB 590

Members; dual membership; Firemen's Pension Fund. ...................... SB 163

Membership; investigators employed by Secretary of State. ................. HB 958

Retirement Benefits Subject Domestic Relations Orders Defined.

SB 719

PEACH EMPLOYMENT SERVICES PROGRAM; AFDC recipients; requirements. ........................................................... SB 388

PEACH FESTIVAL DAY AT CAPITOL AND GEORGIA PEACH FESTIVAL; commend ............................................................... SR 420

PEACH POSITIVE EMPLOYMENT AND COMMUNITY HELP SERVICES PROGRAM; commend .................................................. SR 619

PEACHTREE CITY; Water and Sewerage Authority; powers; projects.

HB 1708

PEASTER, CARL SAVAGE, SR.; name highway to honor; Montezuma.

HR 1109

PEDESTRIANS; permits to solicit charitable contributions. ................. HB 1198

PEED, DR. DAVID; Forensic Behavioral Optometry; commend ............... SR 398

PEED, MATTHEW OF COLUMBUS; commend.

SR 450

PEEPLES, RACHEL; University System Scholar; commend ............ . . .. SR 681

PELHAM ROTARY CLUB, 50TH ANNIVERSARY; recognizing

SR 697

PENAL INSTITUTIONS (See Corrections)

PEREZ, KRISTA K.; University System Scholar; commend .................. SR 682

PERINATAL SERVICES; inclusion in state health planning. ................. SB 5

PERRY AREA CONVENTION, VISITORS BUREAU AUTHORITY

HB 1741

PERSONAL CARE HOMES (See Nursing Homes, or Health Care Facilities)

PESTICDDES AND PEST CONTROL

Fire Ant Study Committee; creation. ...................................... SR 293

Public Buildings; application or use of pesticides; requirements.

HB 1317

Structural Pest Control Businesses; licensure; applicant exams. ............. SB 351

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INDEX

2437

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES

Clinic Pharmacies; dispensing methadone drug treatment program. ......... HB 1496

Controlled Substances; add Butorphanol to Schedule IV listing. ............ HB 1555

Controlled Substances; dangerous drugs violations; records; labels. .......... SB 565

Controlled Substances; requirements; labeling; record transactions. .......... HB 342

Drug Products; products substituted for use by patients; conditions. ......... SB 309

Health Insurers; participating provider plans; termination criteria. .......... SB 237

Licensing; exams; reciprocity; sanctions; prohibited acts; pharmacy

service area specifications. ............................................. SB 495

Licensing; reciprocity; infractions; registration; reverse distributors,

researchers handling dangerous drug products. .......................... HB 611

Manufacturers, Sellers; pharmaceutics; government purchasing. ............. SB 300

New Medical Drugs, Biologies, Devices; urge rapid review, approval.

SR 567

Pharmacists; allow formation of professional corporations .................. HB 1326

Prescriptions Ordered by Advanced Practice Registered Nurses. ............. SB 627

PHILLIPS, HONORABLE JIMMY OF ALPHARETTA; commend

SR 403

PHOENIX HIGH SCHOOL OPEN CAMPUSES; commend.

SR 462

PHOTOGRAPHY Admission as Evidence; unavailability of witness. ......................... HB 1235 Civil Actions; cameras; method to take nonstenographic depositions. ......... SB 283

PHYSICAL THERAPY PROFESSIONALS; recognizing.

SR 526

PHYSICIANS (Also See Medical Practice or Professions or Health)

Abortion, Sterilization Procedures; Medical Consent Laws applicable. ....... HB 1834

Abortions Performed Without Informing Female of Risks; penalty.

SB 327

Advanced Practice Registered Nurses; additional authority.

SB 627

Chiropractors; scope of practice; order neuromusculoskeletal studies. ......... SB 409

Civil Cases Involving Injury or Disease; evidence; medical reports. ........... SB 421

Consultants from Out-of-State and Foreign Countries; registration.

SB 742

Controlled Substances; prescribed drugs; intractable pain treatment. ......... SB 523

Diabetes or Osteoporosis Outpatient Services; insurance coverage.

HB 1320

Emergency Medical Care; prohibit insurer require authorization for.

SB 680

Emergency Medical Professionals; prohibit obstruct or hinder duties.

SB 607

Health Care for Rural and Underserved Georgians' Day; recognizing.

SR 598

Health Care Insurers; rights of participating providers in disputes.

SB 237

Health Care Providers; peer review; confidentiality of proceedings.

SB 95

HMO Health Care Coverage; point-of-service option; payment of. ............ SB 647

Hospital Staff Privileges; basis for denial; prohibitions. .................... HB 1394

Hypnotherapist Registration Law. ........................................ SB 662

Incapacitated Adults; evaluations; guardian petitions; hearings. ............. SB 532

Medicaid; medical providers convicted of fraud permanently barred.

SB 687

Medical Facilities; disclosure statement naming administrator, owner. ....... SB 631

Medical Facility Staff Privileges; psychologists; osteopaths. .................. HB 726

Medical Practitioners; contracts; state employment physical exams.

SB 671

Medical School Loans; facilities where services rendered repay loans.

SB 262

Mental Health Emergency Examinations; certain counselors, therapists.

SB 620

Obstetrics, Gynecology Services; Women's Access to Health Care Act. ........ SB 592

Providers of Workers' Compensation Medical Services; billing errors. ........ SB 441

Radiological Technology Duties; delegation of authority. .................... SB 743

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2438

JOURNAL OF THE SENATE

PHYSICIANS (Continued) Respiratory Care Professionals; renewal of certification .................... HB 1498 Rural Health Care Providers; shortage of; committee to study. .............. SR 320 Workers' Compensation; claims; opinion of treating medical provider. ........ SB 704

PICKENS COUNTY PROPERTY TAX STRUCTURE STUDY COMMITTEE Create. ................................................................ HR 1020

PIERCE COUNTY City of Offerman; new charter. .......................................... HB 1905 City of Offerman; new charter; incorporation; powers. ..................... HB 1811 State Court; judge, solicitor; compensation ................................ HB 1900

PILOT INTERNATIONAL DAY IN GEORGIA Commend .............................................................. SR 575 Designate. .............................................................. HR 767

PINCKNEY, MATTIE; Master Baker of Pecan Pies; recognize.

SR 700

PISTOLS (See Firearms and Guns)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANT FOOD ACT; definitions; redefine "guaranteed analysis".

SB 655

PLUM ORCHARD MANSION ON CUMBERLAND ISLAND; plan.

HR 316

PLUMBING AND PLUMBERS

Master Plumber Licensees; change definition; scope of practice. .............. SB 553

Water and Sewer Line Installation; alternative inspection procedure.

HB 1221

POLICE OFFICERS (Also See Law Enforcement)

Accelerant Detection Dogs; offense of destroying or injuring. ................ HB 655

Child Protective Service Records; agencies permitted access. ................ SB 575

Disciplinary Actions; minimum procedures to ensure due process. ............ SB 15

Law Enforcement Communications; recommending statewide radio system. SR 319

Local Public Safety Agencies; reports; maximum copying fee. ................ SB 558

Municipal and County Police Departments' Nomenclature Act of 1996.

HB 713

Police Horses; crime of intentionally destroying or causing injury.

HB 1570

Retirees; carrying of pistols in public buildings. ............................ SB 454

Speed Detection Devices; certification; permit violations. ................... HB 1256

Training; funding; disbursement of funds remitted as fines. ................. SB 155

World Congress Center Authority Police; powers; facilities usage. ............ SB 632

POLITE, SISTER RUTH; commend ....................................... SR 715

POLK COUNTY; Water, Sewage, and Solid Waste Authority; membership. . . .. SB 689

POLLARD, ROBERT W., SR.; name bridge in Columbia County to honor HR 1041

POLLARD, SENATOR G.B. "JAKE"; tribute upon his retirement. ........... SR 654

POLLUTION CONTROL

Air Quality; motor vehicle emission inspections; requirements; prohibited acts;

no centralized testing. ................................................ HB 1290

Chattahoochee River and Its Tributaries; discharge of pollutants by sewer

treatment plants; penalty fines and sewer connection bans. ............... SB 500

Chattahoochee River; entities damaged by pollution; assistance fund.

SR 386

Chattahoochee River; loans to communities south of Atlanta. ................ SB 497

Chattahoochee River; phosphorus discharge limits; change requirement.

SR 345

Environmental Compliance; noncompliance factors; confidential report.

SB 244

Environmental Trust Fund; establish for reparation of damages.

SR 504

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INDEX

2439

POLLUTION CONTROL (Continued) Product Packaging; require biodegradable or recyclable containers. .......... SB 335 Sewerage, and Waste Water Disposal; discharge permits restrictions. ........ SB 648 Water Quality Control; sludge land application sites; restrictions. ........... SB 267 Water Quality Controls; authority of Board of Natural Resources. .......... HB 1788 Waters Adjacent Land-disturbed Areas; storm-water runoff; violations. ....... HB 350

POPULATION BILLS Counties of 400,000 or More; charitable contributions, grants. .............. HB 1682 Counties of 550,000 and City Within; repeal a certain tax provision. ........ HB 1771 Counties of 550,000 or More; board of commissioners; compensation. ......... SB 770 Counties of 550,000 or More; board of commissioners; compensation. ........ HB 1840 Municipalities of 120,000; litter control and abatement; revenue. ............ SB 617 Municipalities 120,000 or More; litter control; business license fee. .......... SB 503 Municipalities 1,500 or Less; solid waste disposal facilities. ................. SB 501 Municipalities 1,500 or Less; solid waste disposal site approval. ............. SB 502

PORNOGRAPHY AND OBSCENITY Libraries; restrict access to minors to harmful materials. ................... SB 630 Outdoor Advertising Depicting Obscene Material, Nudity Prohibited. ........ SB 586

PORTS AUTHORITY; Federal-State Shipping Inspection Employees Retirement............................................................. HB 1012

POULTRY FEED AND TRANSPORTATION STUDY COMMITTEE

SR 478

POWDER SPRINGS, CITY OF; Corporate Limits; change. .................. SB 413

POWELL, JOCELYN, NATIONAL 4-H DELEGATE; commend

SR 470

PREFILED LEGISLATION

AFDC Public Assistance; teenage recipients; LEARNFARE Program. ......... SB 13

Alimony or Child Support; violated orders; punishment; obligations. .......... SB 7

Amend Constitution; Local Sales Tax for Educational Purposes. ............. HR 728

Amend Constitution; Public Initiative Petition Process. ...................... SR 4

Amend Constitution; repeal Intangible Personal Property Taxation. .......... HR 734

Amend Constitution; term limitations; certain local officials. ................. SR 3

Amend Constitution; term limitations; certain public officers. ................. SR 2

Civil Actions; addressing public grievances; strike improper claims.

SB 1

Consumer Choice in Electricity Act; competitive price levels. ................ SB 486

Courts; judicial proceedings; standards for televising, videotaping, filming;

contempt powers. .................................................... HB 1122

Crimes Occurring Prior to Marriage; witnesses; spousal testimony.

SB 8

Developmental Highways; add corridor; remove Outer Perimeter. ............. SB 2

Divorce Cases In Which There Is No Minor Child; form of judgment. ........ HB 1145

Education; State Board; members; per diem expenses, travel costs. .......... SB 483

Education, State Board of; repeal provisions creating. ...................... SR 379

Education; student curriculum based assessment; contractors of Public Safety

Department teach dangers of alcohol and drugs. .......................... SB 11

Educators; adverse actions against students required attend judicial

proceedings; contempt of court. ........................................ HB 1115

Employees Retirement; mental health community service boards. ............. SB 4

Georgia Sovereignty Under 10th Amendment to U.S. Constitution. ........... SR 1

Georgia Tax Code; incorporate provisions of current federal laws.

HB 1125

Health Care Planning; clinical services; include perinatal services. ............ SB 5

Home Economics and Parenting Education in Schools. No Action.............. SB 6

In-school Suspension Classes; qualifications of persons in charge. ............. SB 10

Insurance; health; managed care plans; Patient Protection Act. .............. SB 479

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2440

JOURNAL OF THE SENATE

PREFILED LEGISLATION (Continued)

Insurance; health; Newborn Baby and Mother Protection Act. ............... SB 482

Insurance Premium Tax; exempt insurers of places of worship. ............. HB 1130

Intangible Personal Property Tax; repealed. ................................ HB 6

Intangible Tax on Property, Short-term Notes; repealed. ................... HB 1101

Limousines; vehicles for hire; certificates; permits. No Action.

SB 14

Motor Fuel Deliveries Directly Into Fuel Tank of Commercial Vehicles. ....... HB 39

Municipal Solid Waste Landfills; prohibited site locations.

HB 1118

Peace Officer Standard and Training Council; abolish; name successor. ....... SB 484

Public Roads; construction, maintenance; include bicycle paths, rapid transit

systems and passenger rail service. ...................................... SB 3

Public Safety Training; transfer duties to Board of Public Safety.

SB 485

Public Schools; required evaluation; exemption under accreditation. ........... SB 9

School Teachers Ineligible Retirement; health insurance premiums. ......... HB 1099

State Institutions; privatization of operations; restrictions.

............. SB 481

State War Veterans' Home; privatized operations; prohibitions. .............. SB 480

Tax Returns, Reports, Documents; electronic transmission. ................. HB 1124

Textbook Requests by Local School Superintendents; approval method. ........ HB 15

Textbooks Requested by Local Schools; approval procedure.

SB 12

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRESTIGE CABLE TV, INC.; commend ................................... SR 604

PRISON LITIGATION REFORM ACT OF 1996; enact.

HB 1284

PRISONS (See Corrections)

PRIVACY RIGHTS

Electronic Messages, Digital Signatures; committee to study. ................ SR 621

Electronic Trace Devices; use in law enforcement investigations. ............. HB 341

Offense of Harassing Phone Calls; criminal penalties. ...................... SB 420

Tortious Interference; using contents of intercepted private message.

SB 74

PRIVATIZATION OF GOVERNMENTAL SERVICES

Boat Registration; private agents for DNR; fees for services.

HB 1161

Competitive Contracting System for Public Goods and Services.

SB 407

Facilities Serving War Veterans; committee to review level of care.

SB 747

Insurance Commissioner; agreements for licensing testing services.

HB 626

Insurance Licensing Testing Services; agreements; charges; costs.

SB 330

Medicaid; health services; provider sponsored networks; HMOs. ............ HB 1804

Prison Management and Services Pertaining to Inmates; contracts for. ....... SB 675

Prisons; proposed new prisons; sell private entity state property.

SR 457

Private for Profit Water Systems; metro Atlanta pollution issues. ............ SR 620

Probation Services; private providers; professional standards. ............... SB 751

Public Housing Programs; contracts; Department of Community Affairs.

HB 1419

Public Safety Services; Driver's Licenses Privatization Act. .................. SB 760

State Buildings and Vehicles; committee to study efficient use of.

SR 268

State Employees Displaced by Privatization; employment assistance. . .

SB 562

State Institutions; private operation of; prohibitions. ....................... SB 481

State War Veterans' Home; prohibition against operation.

SB 480

Voter Registration Data; use of private vendors to make available.

HB 1518

PROBATE COURTS Guardian Petitions; incapacitated adults; evaluation physicians. Guardians; appointment for incapacitated adults; change criteria. Guardians; appointment in certain workers' compensation cases.

SB 532 SB 146 HB 1291

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INDEX

2441

PROBATE COURTS (Continued)

Guardians; orders appointing emergency guardianships. .................... SB 143

Guardianship Laws; beneficiaries of Veterans Administration. ............... SB 596

Guardianship Statutes; Joint Guardianship Rewrite Committee; create. ...... SR 399

Judges; assistance to Magistrate Courts; compensation. .................... HB 1467

Judges; retirement; benefits subject Domestic Relations Orders. ............. SB 719

Judges; retirement; calculation of benefits. ................................ HB 845

Judges; retirement; creditable service; veterans military service. ............. HB 590

Judges Retirement Fund; benefits; increase for secretary-treasurer. .......... HB 896

Judges; retirement; spousal benefit options upon death or divorce.

HB 1015

Judges; retirement; spousal benefits; selection options. ...................... HB 485

Judges Serving as Election Superintendents; when deemed ineligible. ........ SB 499

Judicial Offices; ineligible persons; Supreme Court order to remove. ........ HB 1396

Jurisdiction; commitment of defendant pleading mental illness. ............... SB 94

Jurisdiction; probate of wills; revise O.C.G.A. Titles 29 and 53. ..... HB 1030

Marriage; common-law marriages invalid after January 1, 1997. ............ HB 1278

Marriage Licenses; prohibit issuance to persons of same sex. ............... HB 1580

Misdemeanor Cases; jurisdiction; charges involving marijuana, unlawful

possession of alcohol by underage persons. .............................. HB 1322

Traffic Misdemeanor Cases Transferred Other Jurisdiction; bonds. .......... HB 1188

Uniform Probate Court Rules; document preparation....................... HB 1030

Wards, Incompetent or Incapacitated Person; guardians and counsel. ........ SB 147

Wills, Trusts, Administration of Estates; inheritance laws revision. ......... HB 1030

PROBATION

Cases Involving Felonies or Misdemeanors; community service hours. ......... SB 78

Criminal Sentences; prohibit modification through financial payments. ....... HB 315

Municipal Probation Systems; actions to collect delinquent fines.

SB 276

Officers; conflict of interest in drug or alcohol rehab programs. .............. SB 751

Private Providers; professional standards; officer background check. ......... SB 751

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Addiction Counselors; trainees; licensing requirement exception.

SB 542

Architects, Engineers; plans for public school buildings; contracts.

HB 383

Asbestos Contractor Licensing; Environmental Protection Division.

HB 1636

Athletic Trainers; licensure; state regulatory board. ...

SB 452

Attorneys; commercial solicitation of vehicle accident victims. ............... SB 369

Attorneys; legal services; cause of action for false advertising. ............... SB 249

Auctioneering Businesses; licensure; revocation grounds; ID cards.

HB 779

Bail Bonding Companies; bondspersons; fingerprint records search.

HB 813

Barbers and Cosmetologists; faculty at public technical institutes.

HB 1582

Beauty Pageants; contests; prizes are offered; notices; bonds.

SB 232

Business or Occupation Taxes; local levy; classification criterion. ............ SB 314

Businesses Operated by Disabled Veterans, Blind Persons; exempt local

business occupation taxes. ............................................ HB 1155

Campaign Consulting Services; restrict certain use of campaign funds.

SB 18

Charitable Fundraising Campaigns; regulation of paid solicitors. ............ HB 840

Charitable Solicitations; paid solicitors; requirements; accounting.

HB 1266

Chiropractors; scope of practice; order neuromusculoskeletal studies. ......... SB 409

Code Revision; Title 43; correct errors and omissions. ...................... HB 1195

Counselors, Social Workers and Certain Therapists; medical records. ........ HB 273

Dental Hygienists; direct supervision requirement; change provisions. ........ SB 389

Dentistry; licensure; renewal; reissuance; teaching licenses. ................ HB 1330

Dietitians; medical nutrition therapy; outpatients; insurance.

... HB 1320

Drug-free Workplace Policy; violation; unemployment benefits denied.

HB 1270

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2442

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Electrolysis Offices and Clinics; regulation; licensure. ........................ SB 85

Employee Job Performance; disclosure of information by employer. ......... HB 1492

Employment; probationary period; terminating permanent employees.

SB 333

Engineers and Land Surveyors, State Board of; legal assistant. .............. SB 739

Financial Institution Employees; reporting need for protective services for

elderly adults who may be exploited. .................................... SB 395

Food Service Establishments; persons handling food; requirements. ........... SB 75

Ginseng Plant Growers; registration; harvest season; harvesters. ........... HB 1263

Health Providers; commercial solicitation; vehicle accident victims.

SB 369

Hearing Aid Dealers and Dispensers, State Board of; membership. ......... HB 1429

Hypnotherapist Registration Law; establish as regulated profession. ......... SB 662

Insurance Adjusters; licensure; exempt certain salaried employees. .......... SB 207

Insurance Agents, Adjusters; licensing; certain personnel excluded.

SB 45

Insurance Agents; licensure; contracts; commissions.

HB 1404

Insurance Agents; persons exempt license maintenance requirements. ...... HB 1194

Insurance Licensing Testing Services; agreements; charges.

SB 330

Insurers; monetary penalties for violations; aggravating factors.

SB 152

Insurers of Credit Transactions; vendors' collateral; licensing. ............... SB 185

Insurers; policies; specified premiums and charges; report filing.

HB 42

Insurers; (RBC) risk-based capital plans; reports; corrective orders.

HB 838

Insurers; receivers in delinquency proceedings; immunity; indemnity.

HB 841

Insurers; reporting assets; coverage under Guaranty Association.

HB 626

Insurers; surplus line placement; financial, solvency conditions.

SB 142

Land Surveyors; damage actions against; period of limitation. ............... SB 303

Licensees or Applicants; sanctions for delinquent child support.

SB 227

Licensing Authorities; disciplinary actions; frivolous appeals; notice of felony

conviction. ........................................................... HB 1493

Limited Liability Companies; workers' compensation coverage. ......... HB 1291

Manufacturers, Distributors of Personal ID Cards; violations.

SB 253

Marriage and Family Therapists; licensure eligibility; use of titles. .......... SB 705

Massage Therapists; licensure; state regulatory board. ...................... SB 452

Motor Vehicle Franchises; restrictions; dealer contracts; pricing.

HB 1728

Motor Vehicle Repair Shops; customer rights; cost estimate, charges.

SB 440

Nonperpetual Care Cemetery; certificate of operation. ...................... SB 179

Nurses; registered advanced practice nurses; additional authority.

SB 627

Nursing Home Administrators; provisional licenses; validity. . . . ............ HB 280

Pawnbrokers; advertising restrictions; failure to secure firearms.

SB 269

Pesticide Contractors; contract for services in public buildings; notice

requirements. ........................................................ HB 1317

Pharmacists; allow formation of professional corporations .................. HB 1326

Physicians; delegation of authority; radiological technology.

SB 743

Physicians of Other States, Countries; registration of consultants. ........... SB 742

Plumbers and Journeyman Plumbers; change term; scope of practice.

SB 553

Printing; duplication of works of fine art stored electronically.

HB 873

Professional Counselors and Therapists; emergency evaluations.

SB 620

Professional Counselors of Certain Agencies; license exceptions.

SB 542

Professional Employer Organization Act; employee leasing companies.

HB 555

Professional or Business Schools; financial assistance to students.

SB 362

Professionals in Field of Behavior and Treatment of Sexual Offenders;

appointment to certain state review board. ............................... SB 53

Real Estate Appraisers; appraisal reports; conflicts of interest.

SB 465

Real Estate; licenses; community association management; appraisers;

instructors; brokerage activities. ....................................... HB 1525

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INDEX

2443

PROFESSIONS AND BUSINESSES (Continued)

Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368

Respiratory Care Professionals; renewal of certification. ................... HB 1498

Roofing Contractors; licensing; state regulatory agency. ..................... SB 342

Small Employer Health Insurance; access to coverage; portability.

SB 561

Small Employers; health insurance benefit plans. .......................... SB 220

Structural Pest Control Businesses; licensure; applicant exams. ............. SB 351

Trade Secrets; offense of theft; definitions; penalties. ....................... SB 418

Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

Used Car Dealers; advertising license number; local authority to impound

vehicles displayed at unlicensed facilities. .............................. HB 1272

Used Car Dealers; sales or leases; disclose to purchaser other liens.

... SB 153

Warehousemen; storage of agricultural products; electronic receipts.

HB 1405

PROPERTIES COMMISSION (See Property Conveyance or State Government)

PROPERTY

Abandoned Railroad Rights of Way; acquisition for public purposes. ......... SB 571

Ad Valorem; alternative methods to finance education; study. ............... SR 613

Ad Valorem; apportion tax liability between seller and purchaser. ............ SB 86

Ad Valorem; conservation use assessment; family farm partnerships.

SB 656

Ad Valorem; conservation use assessment; family owned entities.

SB 598

Ad Valorem; county boards of assessors; restrict subpoena power.

SB 673

Ad Valorem; family owned farm entity; conservation use covenant.

HB 1458

Ad Valorem; freeport inventory exemption; aircraft engine rebuilding......... HB 667

Ad Valorem; installment payment of taxes; time when due.

HB 1364

Ad Valorem; prohibit tax amount greater than 1% fair market value.

SR 389

Ad Valorem; property located in Enterprise Zones; tax treatment. ............ SR 63

Ad Valorem; standing timber; owner of timber rights tax liability. .......... HB 1553

Ad Valorem; state property; assess for local services in lieu of tax. ........... SB 487

Ad Valorem; tax assessment; electronic data processing systems.

HB 1683

Ad Valorem; tax assessment of heavy-duty equipment motor vehicles.

HB 1530

Ad Valorem; tax exemption; certain nonprofit museum property.

HB 252

Ad Valorem; tax exemption; certain public housing projects.

HB 1355

Ad Valorem; tax exemption; enterprise zones in unemployment areas.

SR 64

Ad Valorem; valuation, assessment; use of electronic data systems.

HB 1382

Annexation; municipal corporate limits; General Assembly local Acts.

SB 695

Auction Businesses; license qualifications; revocation grounds.

HB 779

Bankruptcy; property exempt from levy, sale; limitations.

SB 625

Beehive Owners; permission to kill bears under certain conditions.

SB 666

Beehive Property Owners; killing of bears; conditions. ..................... HB 1452

Beekeepers; infected honeybees ordered destroyed; compensation.

HB 1760

Boat Safety Study Committee; creation. .................................... SR 86

Cemetery Owners; failure to maintain property or burial merchandise

SB 359

Civil Justice System; committee to study proposed reforms. ................. SR 446

Coastal Counties; salt-water islands development; zoning procedures.

SB 612

Code Revision; Title 44; correct errors and omissions. ...................... HB 1195

Commercial or Industrial Facilities; land auctions; environmental site

assessment. ............................................................ SB 96

Community Improvement District Act; enact; benefits assessments.

HB 1222

Community Improvement Districts; creation; special tax districts. ........... SB 682

Community Improvement Districts; nonresidential property; create.

SR 497

Contaminated Properties; Hazardous Site Reuse and Redevelopment Act. . . HB 1227

County Boundary Lines; transfer of property to adjoining county. ............ SB 762

Criminal Damage or Trespass; offenses of family violence. .................. SB 397

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2444

JOURNAL OF THE SENATE

PROPERTY (Continued)

Damage; malicious acts of minor child; parent, guardian liability............. SB 255

Deeds; instruments for recording; include tax map and parcel number. ....... SB 136

Estates Administration; disposition of property; revise laws. ............... HB 1030

Federal Estate Taxes; urge increase gross estate exemption amount. ......... HR 290

Financial Power of Attorney; naming an agent; statutory form. .............. SB 145

Fire Ant Study Committee; creation. ...................................... SR 293

Fire Ants; elimination, control methods; committee to study. ................ SR 602

Foreclosure Sales; certain deeds exempt real estate transfer tax. ........... HB 1174

Forfeiture; goods, labels, products, equipment used to commit forgery or

counterfeiting of registered trademarks ................................. SB 498

Forfeiture; seizure of contraband destructive explosive devices. .............. SB 636

Fraudulent Sales Transactions Involving Timber or Agriculture. ............. HB 907

Ginseng Plants; harvesters must have permission of property owner. ....... HB 1263

Guardians; assets of beneficiary of U.S. Dept of Veterans Affairs. ............ SB 596

Household Goods; motor carrier of property permits; PSC regulate. ......... HB 1152

Housing Affordability Impact Note Act; general assembly requirements. ....... SB 97

Indian Affairs Study Committee; create. ................................... SR 309

Indian Burial Objects; remove certain property rights provision. ............. SB 123

Indian Tribes; legal recognition; Southern Band Cherokees and Creeks. ....... SB 41

Inmates; assets and property; liability for medical care expenses. ........... HB 1154

Insurance; authorize surcharge to fund Emergency Management, Disaster Relief

Trust Fund; amend Constitution. ....................................... HR 854

Insurance; coverage of personal property changing in its specifics. ........... SB 448

Insurance; credit transactions; vendors' collateral; licensing. ................ SB 185

Insurance; levy surcharge to fund emergency management trust fund. ...... HB 1440

Insurance; nonrenewal based upon termination of agency agreement. ....... HB 1439

Insurance Premium Tax; exemption; insurers of places of worship. .......... HB 1130

Insurance; redefine types of casualty, credit; premiums; rates. .............. HB 1398

Insurance; residential; family violence report; prohibit nonrenewal. .......... SB 679

Insurers; risk-based financial plans; reports; corrective orders. .............. HB 838

Intangible Personal Property Taxation; repeal; amend Constitution. ......... HR 734

Intangible Property Tax Assessments; taxpayer appeals; extend time.

HB 1200

Intangible Tax on Personal Property; repealed. ............................. HB 6

Intangible Tax on Property and Short Term Real Estate Notes; repeal. ...... HB 1101

Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228

Judgments; garnishment summons; filing before deputy clerk of court.

HB 1208

Judicial Sales; execution of judgment; entry upon debtor property. .......... HB 1172

Judicial Sales; issuance of alias execution against salvage yards. ............ SB 302

Land-disturbing Activities; erosion control requirements. ................... HB 350

Land Surveyors; damage actions against; period of limitation. ............... SB 303

Levy on Personal Property; execution; to whom deliver written notice. ....... SB 277

Liens on Abandoned Motor Vehicles; foreclosure; attorney's fees. ............. SB 87

Local Government Zoning Procedures; reconsidering defeated actions.

SB 215

Nonperpetual Care Cemetery; burial space; certificate of operation. ...... SB 179

Nuisances; actions to enjoin property upon which substantial drug related

activities occur. ...................................................... HB 1287

Olympic Landlord-Tenant Oversight Commission; creation .................. SR 394

Pawnbrokers; failure to secure firearms; advertising credit terms. ........... SB 269

Public; damage by inmates; repayment of damage costs. .................... SB 587

Public; destruction by inmates; actions against to recover costs.

SB 696

Real Estate; appraisal reports; reviews; conflicts of interest. ................. SB 465

Real Estate; licenses; community association management; appraisers;

instructors; brokerage activities. ....................................... HB 1525

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INDEX

2445

PROPERTY (Continued)

Real Estate Transfer Tax; exemption; deeds foreclosure sales. .............. HB 1174

Recordation of Property Records; fees; state-wide automated system. ........ HB 1613

Rental Dwellings; owners may obtain criminal history records. ............. HB 1380

Rental; landlords; actions against tenant reporting code violations. .......... SB 601

Rental; tenant's remedy of repair to correct defective conditions. ............. SB 599

Residential; home mortgage lenders, brokers; prohibited acts. ............... SB 721

Residential; mortgage escrow accounts; payment of interest. ................ SB 393

Residential Rental Rates; price gouging relative to Olympic Games. ..... SB 522

Residential; use of force in self-defense against a forcible entry. ............. HB 107

State Military Property and Fiscal Officer; designation. .................... HB 1293

Tax Executions; sale for taxes; amounts payable for redemption............. HB 1486

Tax Executions; selling and transferring in lot blocks. ..................... HB 1614

Tax Executions; titles under a tax deed; ripening by prescription.

HB 1587

Tax Sales; foreclosure; property conveyed to Land Bank Authorities. ......... SB 545

Theft by Conversion; personal property; redefine term. ..................... SB 711

Theft; misdemeanor shoplifting; increase maximum property value. .......... SB 386

Theft; use of deadly force for protection or in self defense.................... SB 171

Unclaimed Property Not Remitted to State When Due; interest penalty.

HB 1585

Unclaimed Wages; disposition; revert to issuer or payor. .................... SB 594

Wills; self-proved codicils; officer authorized take affidavit. ................. HB 1234

Zoning Actions Impacting Residents in Neighboring Counties. ............... SB 270

Zoning Hearings on Proposed Decisions; presentations; time period. ......... HB 1203

Zoning Procedures; proposed annexation into a municipality. ............... HB 1231

PROPERTY CONVEYANCES (Also See State Government)

Augusta; abandon right of way; convey Gracewood Federal Credit Union. . HR 940

Bainbridge State Hospital Property; road purposes; Decatur County.

HR 1001

Baldwin County; sell surplus state property; designate proceeds.

SR 457

Bartow County; sell surplus state property; designate proceeds.

SR 457

Black Rock Mountain State Park; lease to Currahee Paging Company.

HR 946

Centennial Olympic Park; land donated by Genuine Parts Company; convey

ownership to WCC Authority. .......................................... SR 525

Charlton County; proposed prison; sell property to private entity. ............ SR 457

Chatham County; sell surplus state property; designate proceeds.

SR 457

City of Carrollton; surplus Department of Natural Resources property.

SR 413

City of Cartersville; convey railroad depot property to City. ................. SR 413

City of Cave Spring; easement for water distribution lines.

SR 459

City of Tifton; grant easement for sewer line; Technical Center. ............. SR 458

Clay County; lease of undeveloped land for golf course development. ......... SR 257

Coffee County; proposed prison; sell property to private entity. .............. SR 457

Crawford County; grant easement to Public Service Telephone Co.

SR 459

DeKalb County; grant easement to Georgia Power Co.; Chamblee.

SR 458

DeKalb County; sell surplus state property; designate proceeds.

SR 457

Floyd County; sell surplus state property; designate proceeds. ............... SR 457

Fort Yargo State Park; fire tower site; lease to City of Winder. .............. HR 234

Fulton County; sell surplus properties; designate use of proceeds. ............ SR 457

Hall County; sell surplus state property; proceeds, designate use. ............ SR 457

Heart of Georgia Technical Institute; surplus building; convey to Dodge County-

Eastman Development Authority. ....................................... HR 853

Houston County; sell surplus state property; designate proceeds. ............ SR 457

LaGrange; convey thoroughfare for road maintenance purposes. ............. SR 569

Lee County; grant easement to BellSouth Telecommunications, Inc. .......... SR 459

Long County Wildlife Management Area; easement; adjoined landowners. HR 885

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2446

JOURNAL OF THE SENATE

PROPERTY CONVEYANCES (Continued)

Lumpkin County; sell surplus state property; designate proceeds. ............ SR 457

Middle Georgia Regional Airport; U.S. Government lease agreement.

SR 528

Milledgeville; 3 surplus land parcels custody of DHR; sell by competitive bid;

repeal certain Acts. .................................................... HR 334

Murray County; grant easement to Tennessee Valley Authority. ............. SR 458

Railroads; abandoned rights of way; DOT use for public purposes.

SB 571

Richmond County; agreement; license test site and baseball facility. ......... HR 298

Richmond County; Gracewood School Campus; right of way access. .......... SR 282

Richmond County; sell surplus state property; designate proceeds. ........... SR 457

Rockdale County; lease land for water reservoir and public park.

SR 445

Savannah; grant easement for pedestrian riverfront walkway. ............... SR 459

Stephens County; convey surplus National Guard facility property.

HR 351

Towns County; grant easement to Tennessee Valley Authority. .............. SR 458

Upson County; grant easement to Georgia ALLTEL Telecom, Inc.

SR 458

Ware County; lease of state-owned golf course to management firm.

SR 257

Washington County; grant easement to Municipal Electric Authority. ........ SR 458

Wayne County; sell surplus state property; designate use of proceeds. ........ SR 457

Wheeler County; proposed prison; sell property to private entity.

SR 457

White County; sell surplus state property; designate use of proceeds.

SR 457

White County; Standard Telephone Co. easement; Unicoi State Park.

SR 458

PSYCHOTHERAPY PRACTITIONERS (Also See Therapists)

Certain Persons Engaged Professional Counseling; license exception.

SB 542

Emergency Evaluations; persons mentally ill, alcoholic, drug abuser. ......... SB 620

Hypnotherapist Registration Law. ........................................ SB 662

Incapacitated Adults; evaluations; guardian petitions; hearings. ............. SB 532

Marriage and Family Therapist; licensure eligibility; use of titles. ........... SB 705

Medical Facility Staff Privileges; treatment orders. ......................... HB 726

Professional Counselors, Social Workers, Marriage and Family Therapists;

alleged incapacitating condition; personal records.

HB 273

Religious, Pastoral Counselors; prohibit sexual contact with client.

HB 1033

PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid)

AFDC Benefits; both parents living in home; wage earners; incentives.

SB 380

AFDC Benefits Received With Knowledge of Ineligibility; fraud.

SB 112

AFDC Benefits; when birth of a child disqualifies additional money.

SB 382

AFDC Child Recipients; school attendance; LEARNFARE Pilot Program.

SB 298

AFDC Child Recipients; school attendance requirements.

SB 119

AFDC Eligibility; income considerations; man living in house rule.

SB 378

AFDC Families Receiving Aid; support from 'man in house rule'.

SB 768

AFDC Money Payments Terminated After Certain Date; work incentive.

SB 383

AFDC Recipients; employment incentive; PEACH Program support service. SB 388

AFDC Recipients; participation in Work for Welfare Program required.

SB 384

AFDC Teenage Recipients; school attendance; LEARNFARE Program.

SB 13

Benefits, Food Stamps; fraud; Two Strikes and You're Off Act.

SB 446

False Identification Documents; intent to defraud, deceive; penalty.

SB 198

Family Caregiver Support; adults suffering from dementia; grants.

HB 587

Fraud Investigations; documentary evidence; administrative subpoena.

HB 338

Medicaid; application for federal waiver; assisted living community.

HB 460

Medicaid; health services; provider sponsored network contracts.

HB 1804

Medicaid; medical providers convicted of fraud permanently barred.

SB 687

Medicaid Program; Select Oversight Legislative Committee created.

SR 535

PEACH Positive Employment, Community Help Services Program; commend SR 619

Recipient Benefits; estimated costs; survey and statistical summary.

SB 381

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INDEX

2447

PUBLIC ASSISTANCE (Continued) Teenage Pregnancy Prevention; create joint committee to study. ............. SR 515 Welfare and Social Service Program Forum; Council for Welfare Administration. ...................................................... HB 1328 Welfare Dependent Mothers; activities leading to self-sufficiency. ............ SB 548

PUBLIC HEALTH DEPARTMENT; create; transfer certain DHR functions. .. HB 528

PUBLIC OFFICERS AND EMPLOYEES (Also See State Government or Specific

Agency)

Aircraft Authority, Georgia; creation; services for state agencies. ........... HB 1584

Board of Pardons and Paroles; voting records; public inspection. .............. SB 59

Budgetary Responsibility Oversight (BROC) Research Office; functions. ...... SB 703

Campaign Consulting Services; restrict certain use of campaign funds. ........ SB 18

Code Revision; Title 45; correct errors and omissions. ...................... HB 1195

Constitutional Officers; permit the carrying of concealed weapons. ........... SB 624

Coroners, Deputy Coroners; authority; pronouncement of death. ............. HB 508

County, Municipal Elected Officers; term limitations. ....................... SB 340

County Officers; retirement benefits funded during term; exclusion. .......... HB 356

District Attorneys; retirees holding public office, practicing law. ............ HB 1088

Education, State Board; election by General Assembly. ...................... SR 24

Education, State Board; members; election by General Assembly

SR 465

Education, State Board; members; per diem and expense reimbursement. .. . . SB 483

Employee Travel Reimbursement; district attorneys and staff. ............... HB 966

Employee Wage Incentives; ineligibility; abusive public behavior. ............ SB 213

Employees Retirement; benefits; members with 33 years of service. .......... SB 149

Employment; delete "handicap"; insert "persons with disabilities". ........... HB 653

Employment Requirements; physical fitness; medical exams; providers. ...... SB 671

Firefighter Appreciation Day; designate in February. ....................... SB 626

Firemen's Pension Fund; create joint committee to study. ................... SR 572

Firemen's Pension Fund; joint committee to study. ......................... HR 995

General Assembly Members; increase daily expense allowance; per diem

differential; air travel; equipment purchases. ........................... HB 1368

General Assembly Members; prohibited conduct; acceptance of gifts.

SB 570

General Assembly Members; unexpired terms; filling of vacancies. ........... SR 287

Georgia Student Finance Authority; transfer of employees from Georgia Student

Finance Commission. .................................................. SB 641

Health Insurance Plans; coverage for local boards of education. .............. SB 676

Insurance Commissioner; authority; service agreements; reports.

HB 626

Insurance Commissioner; duties; vehicle rate filings to legislature. ........... SB 535

Insurance Commissioner; enforcement powers; impose monetary penalty. . . . . . SB 152

Law Enforcement Officers; disciplinary actions; procedures; criteria. .......... SB 15

Lobbyists Prohibited Make Independent Expenditures to Benefit. ............ SB 489

Merit System Employees; grievances; uniform filing procedures. ............. SB 356

Notaries Public; execution of performance bonds. ........................... SB 403

Pardons and Paroles Board; public records; names, actions, findings. ......... SB 139

Pardons and Paroles Board; state-wide election of members. ................. SR 34

Professional Practices Commission; members; expense reimbursement. ....... SB 291

Public Safety Commissioner; duties as chief administrative officer.

SB 283

Public Service Commission; election of members from five districts.

HB 1372

Public Service Commission; establish separate Public Advocacy Staff.

SB 713

Random Drug Testing; certain elected state officers; procedures. ............. SB 240

Revenue Agents, Enforcement Officers; retention of weapon and badge. ...... SB 394

Secretary of State; duties; agency rules or regulations; clarify. ............... SB 343

Senate; election of members; qualifications; reduce minimum age. ........... SR 531

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2448

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued) State Agencies; prohibited expenditures; certain activity, behavior. .......... HB 694 State Courts; office of solicitor-general created; revise laws. ................ HB 1430 State Employee Charitable Donations; define qualified organizations. ....... HB 1454 State Military Property and Fiscal Officer; designation; authority. .......... HB 1293 State Officers; write-in candidates; filing drug test certificate. .............. HB 1232 State Officers; write-in candidates filing for election; drug test. .............. SB 506 State Patrol; special Auxiliary Service created; events security. .............. SB 623 State School Superintendent; appointment by Board of Education. ............ SR 24 State School Superintendent; authority to employ, dismiss employees. ........ SB 26 State School Superintendent; authority to employ or dismiss employees. ...... SB 20 State School Superintendent; powers as chief executive officer. .............. SB 536 State School Superintendent; powers as chief executive officer. .............. SB 709 State School Superintendent; powers; reorganize Education Department. .... SB 552 Suggestions for Efficient Operations; create new program, awards. .......... HB 1803 Term Limitations; certain officers; amend Constitution. ...................... SR 2 Term Limitations; congressional, state officers; amend Constitution. ......... SR 161 Term Limitations; General Assembly and other elected officers; amend Constitution............................................................ SR 30 Term Limitations; General Assembly, Congress, certain state officers; amend Constitution............................................................ SR 39 Term Limitations; General Assembly; four terms; amend Constitution. ........ SR 35 Term Limitations; General Assembly; 6 terms; amend Constitution. .......... SR 36

PUBLIC RECORDS

Copyrighted Nondramatic Musical Works; contracts; royalty payments. ...... SB 426

Criminal History Records; disclosure to owners of rental dwellings.

HB 1380

Drivers License Applicant Exams or Brochures in the English Language... . .. SB 265

Driver's License; records disclosure; U.S. military recruiting. ............... HB 1736

Information Made in Environmental Compliance by Business, Industry. ...... SB 244

Inspection; exempt GaNet Authority; publish 'Georgia Register'. ............. SB 725

Juvenile Court Records Involving Felony Cases; access by judges. ........... SB 539

Legislative Information; public distribution through GeorgiaNet. ............ SB 337

Local School System Financial Operation Statement; public inspection.

SB 516

Local School System Financial Operations Statement; inspection of.

SB 518

Official State Language; designate English. ................................ SB 519

Pardons and Paroles Board; names, actions, findings; public records. ......... SB 139

Public Agencies; fees for copying, search, retrieval of documents.

HB 1170

Public Inspection; voting records of Board of Pardons and Paroles. ............ SB 59

State Agencies; actions contesting agency rules; commencement. ............. SB 101

State Agencies; rules; amendments, changes; printed objectives.

HB 1209

Trade Secrets; redefine; discovery in cases of theft; prosecution. ............. SB 418

Trade Secrets; redefine; include customers and suppliers information. ........ SB 316

PUBLIC REST ROOMS Availability at Retail Motor Fuel Outlets; signage. ......................... SB 360 Facilities for Women; public or private buildings, arenas, stadiums. .......... SB 614

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183 Commissioner; investigations; radar speed detection device permits. ........ HB 1256 Crime Information Center; computer database; firearm serial numbers. ...... SB 122 Crime Information Center; records disclosure; prospective renters. .......... HB 1380

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INDEX

2449

PUBLIC SAFETY DEPARTMENT (Continued)

Driver's License; applicant examinations; fingerprinting; offense of violating

public position......................................................... HB 256

Driver's License Records; access to Rental Car Companies via GaNet. ........ SB 724

Driver's License; records disclosure; U.S. military recruiting. ............... HB 1736

Driver's License Records; release to Rental Car Companies via GaNet. ....... SB 544

Driver's Licenses Privatization Act; contracts; agreements. .................. SB 760

Employees; applicable proper and improper political activities. .............. SB 584

Law Enforcement Communications; recommending statewide radio system. SR 319

Law Enforcement Officers; disciplinary actions; procedures; criteria.

SB 15

Local Police, Fire Agencies; reports; maximum copying fee. .................. SB 558

Missing Children Information; bulletin board display; state offices.

SB 638

Motor Vehicle Insurers; valid cancellations; notice procedure. ............... SB 151

Officers Investigating Fatal Vehicle Accidents; verify organ donors. .......... SB 544

Peace Officer, Prosecutor Training; reassign Board of Public Safety. ......... SB 484

Peace Officer Training Certification; requirements for sheriffs................. SB 84

Peace Officers; retirees of local agencies; carrying of pistols. ................. SB 454

Public Schools; course on dangers of alcohol, drugs; contractors.

SB 11

Public Schools; prescribed courses on dangers of alcohol and drugs. ......... HB 1362

Radar Speed Detection Devices; regulations governing; study of. ............. SR 294

Repeal Duties to Register Voters Unless Federal Monies Provided............ SB 355

Speed Regulations; prohibit DOT, PSC officers enforce restrictions. ......... HB 1738

State Health Care Fraud Control Unit; investigative subpoenas. ............. HB 338

State Patrol; eligibility, change age requirement; radio operators, license

examiners; retention of badge. .......................................... SB 287

State Patrol; Uniform Division; security at special events; creation of special

Auxiliary Service. ..................................................... SB 623

Training Center; allocations; Peace Officer Training Fund. .................. SB 155

Training Center; assume law enforcement training duties. .................. SB 485

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Creditable Service; veterans; military service credit. Retirement Benefits Subject Domestic Relations Orders; defined.

HB 590 SB 719

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Agribusiness Transportation; hours of service exemption; urge adopt official

schedule of planting and harvest dates. ................................. SR 581

Consumer Choice in Electricity Act; provide competitive price levels. ......... SB 486

Enforcement Officers; prohibit enforce speed restrictions. .................. HB 1738

Limousines Carriers; certificates to operate; permit requirements. ............ SB 14

Members Elected From 5 Commission Districts; qualifying residency. ....... HB 1372

Members; limitation of terms of office; amend Constitution.

SR 2

Members; limitation of terms of office; amend Constitution. .................. SR 30

Members; limitation of terms of office; amend Constitution. .................. SR 39

Members; limitation of terms of office; amend Constitution. ................. SR 161

Motor Carriers Whose Rates Not Regulated; political contributions. .......... SB 667

Motor Common Carriers; certificated carriers; authority to regulate. ......... HB 609

Personnel; establish independent Public Advocacy Staff.

SB 713

Rail Passenger Authority Law; redefine term; "projects"; approval. ........... SB 573

Regulations, Rules; motor contract carriers of passengers, property, household

goods ............................................................... HB 1152

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2450

JOURNAL OF THE SENATE

PUBLIC SERVICE COMMISSION (Continued) Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36 Telephones; specialized telecommunication TDD devices. .................... SB 460 Vehicles for Hire; certificated limousine carriers; requirements. ............... SB 16

PUBLIC SERVICE TELEPHONE COMPANY; easement; Crawford County. . SR 459

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation)

Competitive Natural Gas Service Study Committee; creation. ............... SR 518

Consumer Choice in Electricity Act; competitive price levels. ................ SB 486

Electricity; joint committee to study deregulation; create. ................... SR 439

Gas and Electricity Services; committee to study consumer choices. .......... SR 387

Hydroelectric Dam Facilities in Elbert County; opposing sale of. ............. SR 433

Intercepting Private Communication Which Invades Privacy of Another. ...... SB 74

Limousines; vehicles for hire; certificate requirements. Profiled ............... SB 14

Motor Carriers Not Regulated by PSC; political contributions. ............... SB 667

Motor Common Carriers; PSC certificated carriers; definitions. .............. HB 609

Nuclear Power Plant Owners; decisions to ban certain employees. ........... SB 427

Public Service Commission; election of members from five districts. ......... HB 1372

Public Service Commission; establish separate Public Advocacy Staff. ........ SB 713

Public Service Commission; regulation of motor contract carriers.

HB 1152

Rail Passenger Authority Law; redefine term; approved "projects". ........... SB 573

Rail Passenger Authority; projects; regional or state-wide plan. .............. SB 322

Telecommunication Services; unlawful access to service; theft. ............... SB 597

Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36

Telephones; offense of harassing phone calls; criminal penalties. ............. SB 420

Vehicles for Hire; certificated limousine carriers; requirements. ............... SB 16

Vehicles for Hire; taxicab operators; self-insurance certificates. .............. SB 563

Vehicles for Hire; taxicabs, limousines; passenger medical insurance. ........ SB 658

Vehicles Performing Work on Street or Highways; flashing lights.

SB 217

PULASKI COUNTY; Heart of Georgia Regional Development Center; membership. ............................................................ HR 826

PURCHASING REFORM ACT OF 1996; enact.

SB 550

PURPLE HEART HIGHWAY Designate portion 1-20 within Rockdale County. .......... ................. SR 123
Designate; portion of Interstate 20 for veterans. ............................ SR 384

PUTNAM COUNTY

Board of Commissioners; members; compensation

HB 1818

Coroner and Deputy Coroner; compensation .............................. HB 1810

Designate; T.C. Hallman Memorial Bridge over Lick Creek. ................ HR 1003

Magistrate Court; magistrates; compensation. ............................ HB 1821

Sheriff, Superior Court Clerk and Judge; compensation .................... HB 1817

State Court; judge, solicitor, clerk; compensation .......................... HB 1820

Tax Commissioner; change compensation ................................. HB 1819

Q
QUALITY BASIC EDUCATION ACT (Also See Education) Blue Ribbon Study Committee on Funding of QBE; creation. ................ HR 769 Financing Advanced Placement Exam Fees; students in private schools. ...... SB 282
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QUALITY BASIC EDUCATION ACT (Continued)

Food-Processing Programs; eliminate state funding. ......................... SB 90

Funding; change program weight formula; increase salary for National Teacher

Certification.......................................................... HB 1785

Funding; exceptional growth systems; migrant student grants. ............. HB 1202

Funding; migrant student grants; exceptional growth systems. ............... SB 46

Funding Policies; education facilities which are historic landmarks.

SB 71

Funding; special education services for persons with disabilities. ............ HB 500

Grant Funds; calculating attendance; After-School Academic Programs.

SB 717

Grant Program; additional funding targeting at-risk students. ............... SB 214

Grants; students enrolled private high schools; AP exam testing fees.

SB 83

Local Fair Share Funds; alternative method to calculate. ................... SB 174

Local Fair Share; retention of funds; increased FTE student count. .......... SB 173

Lottery Proceeds; appropriation of grants to local school systems. ............ SB 445

Midterm Adjustments; program amounts for training and experience. ........ SB 175

RESA, Regional Educational Service Agencies; implement cost savings.

SB 62

Special Education Services; consolidate single state school for deaf. ........... SB 63

State Salaries; teachers receiving national certification.

HB 678

State Salary Increase; teachers receiving national certification. ............. HB 1785

QUILLIAN, JOHN E.; name portion Highway 52 in Hall County to honor.

HR 883

RABUN COUNTY Black Rock Mountain State Park; lease to Currahee Paging Company. Designate; Southern Highroads Scenic Highway route. Designation of the Southern Highroads Scenic Highway route.

HR 946 HR 805 SR 484

R

RADAR SPEED DETECTION DEVICES

Lazer Timing Devices; certification to operate; permit violations.

HB 1256

Regulatory enforcement; joint study committee. ............................ SR 294

RAFFLES OPERATED BY NON-PROFIT ORGANIZATIONS; license application. ........................................................... HB 1637

RAGAN, TRACEE ANNE; University System Scholar; commend ............. SR 683

RAILROADS

Abandoned Rights of Way; first right of refusal for DOT; procedures.

SB 571

Abandoned RR Corridors; urge Congress reauthorize TEA program.

SR 281

Passenger Rail Service; include within definition of public roads.

SB 3

Property Conveyance; railroad depot tracts; City of Cartersville.

SR 413

Rail; mass transit services; facilitate county, municipal contracts.

HB 1179

Rail Passenger Authority Law; redefine term; "projects"; approval.

SB 573

Rail Passenger Authority; projects; regional or state-wide plan.

SB 322

Signs or Signals; criminal acts causing homicide or serious injury.

HB 1256

Signs or Signals; criminal acts causing homicide or serious injury.

HB 1643

State Railroad Museum; Central of Georgia Railroad Shops; Savannah. ...... SB 415

Vehicles Operated by Railway Companies; motor common carrier rules. . . . . HB 609

RANDOLPH COUNTY; Motor Vehicle Registration; 4-month nonstaggered period ................................................................. HB 1658

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2452

JOURNAL OF THE SENATE

RAPE

Accused Persons Found Mentally Incompetent to Stand Trial. ............... SB 160

Offense of Rape; include in definition of family violence offenses.

... SB 397

Offense of Statutory Rape Against Teenage Victims; applicable age. .......... SB 543

Offense of Statutory Rape; offenses against females under age 16 ............. SB 57

Offense of Statutory Rape; perpetrator age 21; different penalties. .......... HB 1316

Prosecution; marital relationship not bar; crime of forcible rape; medical exam

costs; victim rights information. ........................................ SB 210

Sexual Offenses Against Children Under Age 16; penalties. ................. SB 140

Sexually Violent Offenders; release condition; registration program. ........... SB 53

Statutory Rape; offenses against females under age 16. ...................... SB 57

REAL ESTATE (Also See Property or Professions)

Appraisers; review of appraisal reports; standards of conduct.

SB 465

Commercial or Industrial Facilities; land auctions; environmental site

assessment. ............................................................ SB 96

Consumer Promotions; deceptive practices; prohibitions. ................... HB 1632

Intangible Recording Tax on Short-term Real Estate Notes; repeal. ......... HB 1101

Intangible Recording Tax; repeal certain tax; revenue distribution.

HB 6

Licensure; community association management services; appraiser

classifications; instructors; brokerage activities. ......................... HB 1525

Properties Listed on Hazardous Site Inventory; purchasing for reuse. ....... HB 1227

Property Sold During Taxable Year; seller and purchaser liability. ............ SB 86

Real Estate Transfer Tax; exemption; deeds from foreclosure sales. ......... HB 1174

Recordation of Property Records; fees; state-wide automated system. ........ HB 1613

Residential Property; mortgage escrow accounts; payment of interest. ........ SB 393

REAPPORTIONMENT Congressional and Legislative Redistricting; effect of changes on membership of boards and bodies. ................................................. HB 1336 Senatorial District 33; change composition. ................................ SB 449 Senatorial Districts 48, 56, 21 and 32; change descriptions. ................. SB 677

RECYCLING

Abolish Market Development Council; create intergovernment council.

HB 148

Olympics, 1996 Games Venues; urge implement recycling plans.

SR 426

Product Packaging; prohibited containers; nonrecyclable components.

SB 335

Recycling and Economic Development Study Committee; creation. ........... SR 432

State Efforts to Reduce Solid Waste; authorize fund to develop. .............. SR 428

RECYCLING AND ECONOMIC DEVELOPMENT STUDY COMMITTEE; creation. ............................................................... SR 432

REGIONAL DEVELOPMENT CENTERS

Altamaha Southern Regional Development Center; ratify transfer of Bulloch

County to Coastal RDC. ............................................... HR 878

Contracts Formerly Prohibited; plans covering area outside boundary. ...... HB 1497

Ratify Changes in Territorial Boundaries; Heart of Georgia RDC; transfer

Newton County to Northeast Georgia RDC. .............................. HR 826

Territorial Boundaries; 13 RDC regions; ratify, approve changes. ............ HR 323

Urban Redevelopment Law; definitions; delete reference to 'slums'.

HB 1255

REHABILITATION COUNSELORS; licensure; exemption; national certification. ............................................................ SB 368

REINDEER, ELK, DEER, ANTELOPE, BUFFALO, BISON; nontraditional livestock ............................................................. HB 1437

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INDEX

2453

REISER, DR. JOHN C., OPHTHALMOLOGIST; commend

SR 485

RELIGIOUS FREEDOM ACT OF 1996.

SB 507

RELIGIOUS OR PASTORAL COUNSELING; sexual contact with client prohibited. ............................................................ HB 1033

RENTAL TRANSACTIONS (Also See Landlord)

Car Rental Tax; 3% excise tax levy in special tax districts. ............... HB 1319

Landlords; code violations; actions against tenant for reporting. ............. SB 601

Landlords; health, safety violations; tenant's remedy of repair.

SB 599

Olympic Landlord-Tenant Oversight Commission; creation .................. SR 394

Owners of Rental Dwellings May Obtain Criminal History Records.

HB 1380

Price Gouging of Residential Property Relative to Olympic Games.

SB 522

Rental Car Companies; access customer driving records thru GaNet. ......... SB 724

Rental Car Companies; access to customer driver's license records. .......... SB 544

Roller Skate Rentals; minors; protective gear requirements. ................. SB 615

State Vehicles; commercial automobile leasing; committee to study. .......... SR 268

RESA, REGIONAL EDUCATIONAL SERVICE AGENCIES Purpose; membership; uniform statewide local need program grants. ........ HB 1754 Reorganize Service Areas. ................................................. SB 62

RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICTS; Redefine; articles of establishment; referendums. .................. ................ HB 1222

RESIDENTIAL PROPERTY Insurance; family violence victims; prohibit refuse renew policy ............. SB 679 New Speculative Homes; handicap access; bathroom door standards. . HB 1076 Rental Rates; price gouging relative to Olympic Games prohibited. .......... SB 522

RESTAURANTS (See Food Service Establishments)

RETIREMENT AND PENSIONS

Benefits Subject Domestic Relations Orders and Family Support. ............ SB 719

District Attorneys' System; members; spouse benefits coverage.

SB 67

District Attorneys' System; retirees holding public office, engaging private

practice of law. ....................................................... HB 1088

District Attorneys' System; retirees; private criminal law practice.

SB 225

District Attorneys' System; service credit; Employees' Retirement.

HB 1006

Employees' System; benefits; members with 33 years of service. ............. SB 149

Employees' System; creditable service; GBI narcotics agents.

HB 449

Employees' System; creditable service; legislative branch employees.

HB 1046

Employees' System; creditable service; method to re-establish.

HB 852

Employees' System; creditable service; out-of state service.

SB 439

Employees' System; membership; community health service boards.

SB 4

Employees' System; membership; county juvenile detention employees. ....... SB 435

Employees' System; membership; deadline for county DFACS employees. HB 1070

Employees' System; membership; Georgia Housing and Finance Authority. HB 978

Employees' System; membership; North Georgia Mountain Authority.

HB 407

Employees' System; membership; Shipping Inspection employees.

HB 1012

Employees' System; options; dependent child predeceases member.

HB 244

Firemen's Pension Fund; benefits; increase monthly pension. ................. SB 91

Firemen's Pension Fund; create joint committee to study. ................... SR 572

Firemen's Pension Fund; dual membership; Peace Officers Benefit Fund.

SB 163

Firemen's Pension Fund Joint Study Committee; creation. .................. HR 995

Firemen's Pension Fund; members; increase eligible firefighters. ............. SB 186

Firemen's Pension Fund Study Committee; creation. ....................... SR 727

Refer to numerical index for page numbers

2454

JOURNAL OF THE SENATE

RETIREMENT AND PENSIONS (Continued)

Local Retirement Systems; financial reports; investment practices. .......... HB 1650

Local Systems; investment of assets in equities; audit reports................ SB 698

Military Service Credit; veterans returning to public employment. ........... HB 590

Optional Plan, University System Employees; employer contribution. ........ HB 173

Peace Officers' Fund; investigators employed by Secretary of State. .......... HB 958

Peace Officers' Fund; payments; retirees temporarily reemployed. ........... HB 1047

Persons Transferred to Office of School Readiness; membership. ............. SB 709

Probate Court Judges; benefits; increase for secretary-treasurer.; ............ HB 896

Probate Court Judges; calculation of retirement benefits. ................... HB 845

Probate Court Judges Fund; spousal benefits; selection options. ............. HB 485

Probate Court Judges; spouses' benefits upon death or divorce .............. HB 1015

Regents Retirement Plan; board of trustees; mutual fund investments.

HB 172

Sheriffs' Fund; increase maximum monthly benefits......................... HB 773

State Employees; early retirement service requirements; study of. ........... SR 438

Superior Court Judges; creditable service; juvenile court judges. ............. HB 213

Superior Court Judges; disability retirement benefits. ...................... HB 679

Superior Court Judges Retirement; minimum age, number of years. ......... HB 506

Teachers Retirement; benefit rights; employees of Fulton County. ............ HB 963

Teachers Retirement; creditable service; former ERS members who reestablish

withdrawn contributions. .............................................. HB 586

Teachers Retirement; disability benefits; effective date. .................... HB 1025

Teachers Retirement; eligibility after 25 years regardless of age. ............ HB 691

Teachers Retirement; membership; payment of reinstatement fees.

HB 977

Teachers Retirement; obtaining credit; absences due to pregnancy. .......... HB 588

Trial Judges and Solicitors Fund; contributions for spouse benefits.

HB 743

Trial Judges and Solicitors Fund; State Court of Richmond County. .......... HB 782

REVENUE AND TAXATION

Ad Valorem; conservation use covenant; family owned farm entities. ........ HB 1458

Ad Valorem; conservation use property; certain family owned entities. ....... SB 598

Ad Valorem; conservation use property; family farm partnerships. ........... SB 656

Ad Valorem; county boards of tax assessors; restrict subpoena power. ... SB 673

Ad Valorem; delinquent municipal taxes; judicial foreclosures. .............. HB 1226

Ad Valorem; exemption; enterprise zones in unemployment areas. ............ SR 64

Ad Valorem; exemption; nonprofit museum property; referendum. ........... HB 252

Ad Valorem; exemption; public housing projects subject to a private enterprise

agreement. .......................................................... HB 1355

Ad Valorem; exemption; vans and buses owned by religious groups.

HB 756

Ad Valorem; freeport exemption; aircraft engine remanufacturing. ........... HB 667

Ad Valorem; in lieu tax payment for local service to state property. .......... SB 487

Ad Valorem; limit powers of state entities to levy on property. .............. SR 389

Ad Valorem; motor vehicles; heavy-duty equipment classification. ........... HB 1530

Ad Valorem; property sold during taxable year; apportionment of taxes. ....... SB 86

Ad Valorem; property taxes; study alternative education financing. .......... SR 613

Ad Valorem; property valuation, assessment; developing new electronic systems;

county boards of tax assessors, terms, subpoena powers. ................. HB 1683

Ad Valorem; property valuation, assessment; electronic data systems.

HB 1382

Ad Valorem; provide effective date of annexations for tax purposes. ......... HB 1192

Ad Valorem; repeal tax status pending review; certain county, city.

HB 1771

Ad Valorem; separate treatment of property located Enterprise Zones.

SR 63

Ad Valorem; standing timber; owner of timber rights tax liability.

HB 1553

Ad Valorem; tangible property; installment payments; time when due.

HB 1364

Ad Valorem; tax executions for property taxes; consent to transfer. ........... SB 88

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INDEX

2455

REVENUE AND TAXATION (Continued)

Ad Valorem; time for making tax returns; Fulton County. .................. HB 1561

Ad Valorem; time for payment of taxes on vehicles and mobile homes. ....... SB 280

Agricultural Processing Industries; amend Constitution to allow fees. ........ HR 367

Appropriations Act; amendments increasing expenditures prohibited. ......... SR 26

Appropriations; general bills; limitations, expenditures, reserves. ............ SR 176

Appropriations; reduction by Governor; overriding such reduction. ........... SR 175

Appropriations; SFY 1995-1996 Supplemental. ............................ HB 1186

Appropriations; SFY 1996-1997 General. ............. HB 1265

Appropriations; supplemental acts increasing expenditures prohibited. ....... SR 251

Business Expansion Tax Incentives; additional exemptions. ................ HB 1501

Business License Fees; cities of 120,000; litter control, abatement. ........... SB 617

Business License Fees in Cities of 120,000 or More; litter abatement. ........ SB 503

Commissioner; duties; property assessment electronic processing. ........... HB 1382

Community Improvement Districts Act; taxing powers; obligations. ......... HB 1222

Community Improvement Districts; nonresidential property; create.

SR 497

Counties, Municipalities; revenue financed by referendum; revise procedures to

use for multiyear lease or purchase contracts. ............................ SB 567

Credit Cards, Charge Cards, Debit Cards; acceptance for payment. ......... HB 1591

Excise Taxes; hotel-motel accommodations; authority of local consolidated

governments to levy. ................................................. HB 1487

Excise Taxes; hotel-motel accommodations; change certain provisions. ....... HB 1403

Excise Taxes; levy upon rental vehicles in special tax districts. ............. HB 1319

Excise Taxes on Public Accommodations for Education; calculations. ......... SB 732

Exemption; ad valorem; vans and buses owned by religious groups. .......... HB 756

Exemption; sales tax on food purchases; abolish tax in 1998. ................ HB 265

Federal Block Grant Funds; create joint commission to study. ............... SR 495

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Mandates; National Voter Registration Act; urge funding of.

SR 130

Federal Mandates; unfunded liabilities; request meeting with Congressional

Delegation. ........................................................... SR 71

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Federal Tax Monies Received as Block Grants; committee to study. .......... SR 411

Financial Institutions; comprehensive revision of taxation. ................. HB 1638

Financial Institutions; state, local taxation; change provisions.

HB 1638

Financial Organizations Engaged in Interstate Banking and Branching.

SB 492

Georgia Tax Code; incorporate provisions of current federal laws.

HB 1125

Hotel-Motel Excise Tax; authority of local consolidated governments to levy;

circumstances for automatic repeal. .................................... HB 1487

Hotel-Motel Excise Tax; change provisions; time period collectable. ......... HB 1403

Income From an Estate or Trust; rights of descendants. ................... HB 1030

Income Tax; credit; employers job retraining programs.

HB 1501

Income Tax; credit; relief from ad valorem property taxes, fees.

SR 389

Income Tax; exemption; contributions to medical care savings account.

SB 373

Income Tax; exemption; employers hiring or training minors.

SB 76

Income Tax; job tax credit; employing persons with disabilities.

SB 491

Income Taxes; limit powers to levy combined rate greater than 10%.

SR 390

Insurance Premium Tax; exemption; insurers of places of worship.

HB 1130

Intangible Personal Property Tax; repealed. ................................ HB 6

Intangible Personal Property Taxation; repeal; amend Constitution.

HR 734

Intangible Property Tax Assessments; taxpayer appeals; extend time.

HB 1200

Intangible Tax; financial institutions; revise, repeal provisions. ............. HB 1638

Intangible Tax on Personal Property and Short-term Notes; repeal effective

upon state-wide referendum; supersedes other Acts ...................... HB 1101

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2456

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Investment Tax Credits; agriculture business incentives; study of. ........... SR 694

Investment Tax Credits, Exemptions; reducing ground-water usage.

HB 1589

Jobs Tax Credit; employers hiring or training certain minors. ................ SB 76

Jobs Tax Credit; enterprise zones in underdeveloped areas. .................. SR 64

Local Government Debt Limitations; amend Constitution. .................... SR 28

Local Government; mandated expenditures; fiscal impact analysis. ........... SB 216

Local Government; mandated expenditures; General Assembly procedures.

SB 38

Local Governments; state mandated expenses; uniform effective date.

HB 1383

Motor Fuel; direct delivery into fuel tank of commercial vehicles. ............. HB 39

Occupation Tax; change reference to 'assisted living communities'. ........... HB 460

Occupation Tax; exemption; disabled veterans, blind persons, nonprofit

agricultural vendors. ................................................. HB 1155

Occupation Tax; local tax levy; business classification criterion.

SB 314

Real Estate Transfer Tax; exemption; deeds from foreclosure sales.

HB 1174

Revenue Bonds; issuance by Community Improvement Districts.

SB 682

Revenue Bonds; maturity date; limitation of term to finance projects. ........ SB 297

Revenue Bonds; Rail Passenger Authority; redefine projects. ................ SB 322

Revenue Commissioner; representing State on MARTA board of directors.

SB 370

Sales Tax; dealer returns; disclosure; annual filing; facsimiles. ............. HB 1586

Sales Tax; exemption; food purchases; annually reduce tax rate until

abolished in 1998. ...................................... ... HB 265

Sales Tax; exemption; items sold by schools; Girl Scout cookie sales; onion crop

processing equipment. ................................................ HB 1399

Sales Tax; exemption; off-road timber harvesting equipment. ................ SR 277

Sales Tax; exemption; purchases by nonprofit in-patient hospices.

HB 1241

Sales Tax; exemption; sales by public elementary, secondary schools. ......... SB 42

Sales Tax; exemptions; certain manufacturers parts and equipment. ........ HB 1501

Sales Tax; local 1% for educational capital outlay; authorize. ................ HR 728

Sales Tax; special county 1%; capital outlay projects. ...................... HB 1166

Sales Tax; special county 1%; education purposes; debt requirements.

HB 1399

Sales Tax; special county 1%; resubmitting question of imposing tax. ....... HB 1367

Sales Tax; special purpose county for education; calculations.

SB 732

Sales Tax; special purpose county; proceeds sharing; education. ............. SR 180

Sales Tax; special purpose county; use of proceeds for education. ............ SR 125

Sales Tax; special purpose local option capital outlay projects; exempt certain

nonprofit sale items, agricultural machinery. ........................... HB 1399

Sales Tax; special purpose local option; sanitary landfill projects. ............ SB 753

Special Agents, Enforcement officers; retention of weapon and badge.

SB 394

State Debt; limitations; life of item financed or 20 years. .................... SR 168

State-Federal Checks and Balances; call for a Conference of States. .......... HR 280

State Government Programs; review, evaluation; budgetary oversight.

SB 703

Tax Amnesty; expiration of period; retention of collection fees. ............. HB 1443

Tax Credits; water conservation investment; manufacturing processes.

HB 1589

Tax Executions; delinquent ad valorem taxes; lot block executions. ......... HB 1614

Tax Executions for Ad Valorem Property Taxes; consent to transfer. .......... SB 88

Tax Executions; prohibit obstruct officer enforcing judgment. ............... HB 1172

Tax Executions; property tax deed titles; ripening by prescription. .......... HB 1587

Tax Executions; property tax sales; amounts payable for redemption.

HB 1486

Taxes and Fees Imposed; combined rates; limit amount to 10%.

SR 390

Taxes, Fees, Assessments Imposed by General Assembly; required vote.

SR 61

Taxes, Fees or Assessments Imposed by General Assembly; required vote.

SR 78

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INDEX

2457

REVENUE AND TAXATION (Continued) Taxes Paid by Electronic Funds Transfer; transmitting documents. ......... HB 1124

Unclaimed Property Not Remitted to State When Due; interest penalty. . HB 1585

Unemployment Trust Fund; committee to study solvency and tax rate.

HR 1110

REVENUE BONDS

Community Improvement Districts Act; authorize issuance of bonds.

HB 1222

Fulton County Building Authority; projects; juvenile court facility. ........... HB 843

Issuance; Community Improvement Districts; special obligations. ............ SB 682

Issuance; funding corrective actions at hazardous waste sites.

SR 128

Maturity Date; limitation of term of project financed. ....................... SB 297

Rail Passenger Authority Law; projects; regional or state-wide plan.

SB 322

State Obligation or Guaranteed Revenue Debt; limit financing terms. ........ SR 168

REYNOLDS, CYNTHIA D.; University System Scholar; commend

SR 684

RHODES, SERGEANT RALPH MICHAEL; Georgia State Patrol; commend SR 594

RICHLAND, CITY OF; Committee to Study County Government Consolidation. HR 1233

RICHMOND COUNTY

Ad Valorem; school taxes; homestead exemption; income ceiling. ............ HB 1764

Ad Valorem; school taxes; homestead exemption; senior citizens. ............. SB 164

Augusta-Richmond Consolidated Government Coliseum Authority Act.

HB 1207

Augusta-Richmond County Coliseum-Civic Center Commission; create. ....... SB 546

Augusta-Richmond County Commission-Council; consolidation.

SB 350

Augusta-Richmond County Commission-Council; unification of powers.

SB 390

Augusta-Richmond County Government; tort and nuisance liability

HB 1576

Board of Education; composition; 10 districts, 1 at-large member.

HB 1864

Board of Elections and Registration; provide for. ........................... SB 424

Board of Health; composition; method of appointment; terms.

SB 783

Board of Health; membership; composition; terms of office.

HB 1724

Certain Public Officials; change compensation. ............................ HB 1740

Designate; Mike Padgett Highway in Augusta. ............................. HR 189

Property Conveyance; abandoned right of way; convey to Gracewood Federal Credit Union. ......................................................... HR 940

Property Conveyance; agreement to construct new license test site.

HR 298

Property Conveyance; authorize sale of surplus state property.

SR 457

Property Conveyance; right of way access; Gracewood School Campus.

SR 282

Public Schools; changing symbolic colors or mascot; procedures.

HB 1042

State Court; include in Trial Judges and Solicitors Retirement Fund. ........ HB 782

Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325

RICHMOND HILL, CITY OF City of Richmond Hill Recreation Authority; creation. ..................... HB 1225 Convention and Visitors Bureau Authority; creation. ...................... HB 1678

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2458

JOURNAL OF THE SENATE

RITCHIE, MARGARET C.; claims against the state; compensate. ............ HR 884

ROARK, HEATHER, NATIONAL 4-H DELEGATE; commend

SR 472

ROBBERY, ARMED; crimes using certain weapons; penalties. ............... HB 308

ROBBEVS, GRACE A.; University System Scholars; commend ............... SR 685

ROBERSON-MCCORMICK, SANDRA L.; University System Scholar; commend SR 686

ROBINSON, WILLIAM EDWARD IV; express regrets at the passing. ........ SR 414

ROCKDALE COUNTY Designate; Purple Heart Highway; portion 1-20 within Rockdale County. ... SR 123 Property Conveyance; lease land tracts for park, water reservoir. ............ SR 445

ROLLER SKATES OPERATED BY MINORS; protective gear requirements. SB 615

ROME, CITY OF; ad valorem; homestead exemption amount; referendum. HB 1690

ROOFING CONTRACTORS; State Construction Industry Licensing Board powers. ................................................................ SB 342

ROSS, JOHN, UNITED KEETOOWAH BAND OF CHEROKEES; welcoming SR 696

ROSWELL, CITY OF Ad Valorem; homestead exemption; certain age, income; referendum. ....... HB 1672 Ad Valorem Taxes; homestead exemption; certain age and income. .......... HB 1343

ROSWELL HIGH SCHOOL; commend

SR 404

RULES OF THE SENATE; Adopted ........................................ Page 3

RURAL AREAS Health Care for Rural and Underserved Georgians' Day; recognizing. ........ SR 598 Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320

RURAL TRANSPORTATION AND ECONOMIC DEVELOPMENT COUNCIL; creation. .................................................... SB 591

RUSSO, DR. PATRICK J., GEORGIA SUPERINTENDENT OF THE YEAR; commend ............................................................... SR 436

SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)
SALES AND USE TAXES (Also See Revenue and Taxation) Business Expansion Incentives; additional tax exemptions. ................. HB 1501 Dealer Return Information; disclosure; annual filing; facsimiles. ............ HB 1586 Exemption; food purchases; annually reduce tax rate until abolished. ........ HB 265 Exemption; items sold by schools; Girl Scout cookie sales; onion crop processing equipment. .......................................................... HB 1399 Exemption; machinery, equipment for water conservation purposes.......... HB 1589 Exemption; off-road timber equipment; declaring legislative intent. .......... SR 277 Exemption; purchases by nonprofit in-patient hospices. .................... HB 1241 Exemption; sales by public elementary and secondary schools. ................ SB 42 Exemptions; manufacturers; heavy users of electricity; airplane engine machinery; defense contractors......................................... HB 1501 Hotel-Motel Tax Levy for Education; exclude certain limitations. ............ SB 732
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INDEX

2459

SALES AND USE TAXES (Continued)

Local 1% Sales Tax for Educational Purpose; authorize; subject local referendum

approval; amend Constitution. .......................................... HR 728

Rates; combined amount with other taxes not exceed 10 percent. ............ SR 390

Special County 1% Tax; projects; public safety, airports, education.

HB 1166

Special County 1% Tax; projects; public safety, airports, education.

HB 1399

Special County 1% Tax; resubmitting imposition question to voters.

HB 1367

Special Purpose County; proceeds sharing; county, municipal and educational

purposes. .............................................................. SR 20

Special Purpose County; proceeds sharing; educational purposes. ............ SR 180

Special Purpose County; proceeds; when landfill project not feasible. ......... SB 753

Special Purpose County; revise procedures to use for multiyear lease or

purchase contracts. .................................................... SB 567

Special Purpose County; use of proceeds; local educational purposes. ......... SR 125

Special Purpose Local Option; when landfill project not feasible. ............ HB 1399

Vending Machine Sales; treatment of proceeds in reporting sales.

HB 1229

SAME SEX MARRIAGES

Marriages Between Persons of Same Sex Not Valid in Georgia. .............. SB 681

Prohibited; no contractual rights; declare public policy.

HB 1580

SAMUEL, REVEREND KENNETH L.; commend .......... SR 724

SANDERSVILLE; designate Rosa M. Tarbutton Memorial Library.

HR 161

SARAIYA, SALONI, PERFECT SCORE ON SAT; commend.

SR 565

SAVANNAH, CITY OF

Boat Races, Regattas; licensed events; exempt certain restrictions. ........... SB 604

Property Conveyance; easement for pedestrian riverfront walkway. .......... SR 459

Savannah St. Patrick's Day Parade and Festivities; commend

SR 611

Savannah State College, Trade and Technology Center; advisory board.

SB 672

Savannah/Chatham County Board of Education; change compensation.

SB 622

Savannah/Chatham County Board of Education; elections. ................. HB 1866

Savannah/Chatham County; building codes; consolidate enforcement. ....... HB 1842

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance)

Amend Regulations; deposits, borrowing, lending of funds, mortgages.

SB 721

Deposits, Collections, Negotiable Instruments; comprehensive revisions to

Uniform Commercial Code. ............................................ HB 1388

Financial Institutions; comprehensive revision of tax provisions. ............ HB 1638

Mortgage Lenders; residential property; interest on escrow accounts. ......... SB 393

SCHLEY COUNTY; Board of Commissioners; chairman, members; compensation ............... HB 1779

SCHOOL DROPOUTS

At-risk Youth; academic requirements to obtain driver's license.

SB 98

Children Receiving AFDC Public Assistance Required Attend School.

SB 119

Youthbuild Program; work experience, apprenticeship training program. . . . . . SB 315

SCHOOLS (Also See Education or Colleges and Universities or Teachers) American Heritage Documents; prohibit content based censorship. ........... SB 324
Assault or Battery by a Student Upon Teacher; disciplinary hearing. ........ SB 637 Charter Schools; contracts for special school; criteria; procedure. ............. SB 235 Children Under Age 18; vaccination registry program; enrollment. ........... HB 844
Compulsory School Attendance; lower mandatory minimum age to six. ....... SB 190
Contracts; projects using architectural and engineering plans; responsibility and ownership. .......................................... HB 383

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2460

JOURNAL OF THE SENATE

SCHOOLS (Continued)

Correctional Facilities; special school districts; federal funds. ................ SB 228

Driver Education Instruction; use of lottery for education funds. .....

SB 683

Enrollment; eligibility; children age 5 years by December 1. ................. SB 708

Environmental Education; encourage study nature in outdoor setting. ........ SR 614

Evaluations; accreditation in lieu of evaluation; conditions. ................... SB 9

Facility Requirements; registered historic landmarks; QBE funding. .......... SB 71

Federal School Lunch Program; urge remove from welfare reforms ........... SR 179

High School Students; community service requirements. .................... SB 196

High School Students; motor vehicle insurance premium reductions.

... SB 21

Holidays; urge designation of Veterans Day. ............................... SR 232

In-school Suspension Classes; qualifications of persons in charge. ............. SB 10

Joint After-School Programs for At-risk Students; grant funds. .............. SB 717

Juveniles Committing Felony or Delinquent Acts; notice to officials. ........... SB 30

Lottery for Education Account; purpose; teacher computer training. ........... SB 46

Pesticides, Fumigants, Repellants; use in facilities; requirements. .......... HB 1317

Pocket Pagers or Electronic Devices; change permission policy. ............. HB 1214

Prekindergarten; voluntary programs; screened toilet facilities. ............. HB 1211

Prekindergarten/Pre-K Family Services Coordinators; duties defined. ........ SB 694

Prescribed Courses; dangers of alcohol, drugs; Public Safety agents. ........ HB 1362

Prescribed Courses; home economics to include parenting education.

SB 68

Private; advanced placement tests taken by students; payment of fees. ....... SB 282

Private High Schools; grants for advanced placement (AP) exam fees.

SB 83

Public High Schools; Scholastic Aptitude Test preparatory course. ........... SB 528

Religious Freedom Act of 1996; voluntary prayers or devotions. .............. SB 507

Sales of Items, Tickets for Benefit of; exemption from sales taxes. .......... HB 1399

Sales Tax; exemption; certain sales for educational purposes. ................. SB 42

Special Education Services for Deaf Students; placement choices. ............ SB 521

Specialized Program Choices; magnet, theme, extended hours; grants. ....... SB 645

Student Academic Deficiencies Below Minimum Standards. .................. SR 25

Student Assessment Tests to Measure Performance; change provisions. ....... SB 11

Student Disciplinary Decisions, Controversies; appeal procedures.

HB 1444

Students in Atlanta Public School System; uniform dress code.

SB 621

Teachers and Other Personnel; fraudulent credentials; penalties. ............ SB 296

Teachers, Food Service, Bus Drivers; local salary supplements. .............. SB 218

Teachers Ineligible Retirement; health insurance monthly premiums. ....... HB 1099

Teachers Receiving National Certification; increase state salary.

HB 678

Textbook Selection; requests by superintendents; approval method.

HB 15

Textbook Selection; state board recommendation; method of approving.

SB 12

Urge Develop Program on Stranger Abduction Dangers, Prevention. ......... SR 511

SEAT SAFETY BELTS (Also See Motor Vehicles) Offense of Failure to Wear; occupant of vehicle operated by a minor. .......... SB 79 Passenger Vehicles; offense of failure to wear; enforcement. ................. SB 646 School Buses Employed Atlanta Public Schools; passenger seat belts. ........ SB 476 Seatbelts, Child Safety Restraints; requirements; violations; fines. ........... SB 606 Vehicles Operated by Person Under Age 18 Must Wear Seatbelts ............ SB 741

SECRETARY OF STATE Business Regulation Division; licensing professional employer organizations; employee leasing. ..................................................... HB 555 Certification of special election ...................................... Pages 17, 52 Charitable Contributions; paid solicitors; file financial statement. ........... HB 1266 Charitable Solicitations Act; regulation of paid solicitors. ................... HB 840 Duties; administer Georgia Suggestion System Act. ....................... HB 1803

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INDEX

2461

SECRETARY OF STATE (Continued)

Duties; agency rules or regulations; clarify powers. ......................... SB 343

Duties; cemetery property, burial merchandise; enforce regulations. .......... SB 359

Elections; revision of numerous provisions relative to elections. ............. HB 1518

Elections; voter registration; compliance with federal Act; repeal.

SB 252

Elections; voter registration; compliance with federal Act; repeal.

SB 355

Elections; voting precincts boundaries; method to change; notices.

HB 1415

Elections; write-in candidates; filing; date; negative drug test. ............... SB 506

Elections; write-in candidates; mandatory drug test certification.

HB 1232

Elections; 1996 general primary and primary; change dates; polling places

outside precinct boundaries certain counties.

SB 192

Employees; applicable proper and improper political activities.

......... SB 584

Limitation of Terms of Office; amend Constitution.

SR 2

Limitation of Terms of Office; amend Constitution. .......................... SR 30

Limitation of Terms of Office; amend Constitution. .......................... SR 39

Limitation of Terms of Office; amend Constitution. ......................... SR 161

Limited Liability Partnerships; name; filing amended certificates.

HB 1627

Nonperpetual Care Cemetery; burial space; certificate of operation.

SB 179

Nonprofit Corporation Code; filings; housing authority subsidiary.

HB 1355

Persons Employed as Investigators; retirement membership.

HB 958

Voter Registration Lists; purging names of deceased persons.

HB 1420

SECURITIES

Housing and Finance Authority; projects; remove sunset provision.

HB 323

State Government Entities; permitted investment of funds. ................. SB 308

SELECT OVERSIGHT LEGISLATIVE COMMITTEE ON MEDICAID Creation. .................. ............................................ SR 535

SELF DEFENSE Use of Deadly Force for Protection of Self or Property. Use of Force to Defend Habitation From Unlawful Forcible Entry.

SB 171 HB 107

SELLERS, MARTIN OF COFFEE COUNTY; birthday congratulations ...... SR 593

SELLING AND OTHER TRADE PRACTICES

Advertisements Using Sheriff Offices' Nomenclature; authorization.

HB 1649

Alcoholic Beverages; distilled spirits, wine; prohibited pricing.

HB 1625

Alcoholic Beverages; licensees; municipal residency requirements.

SB 422

Alcoholic Beverages; retail distilled spirits dealers; residence.

SB 577

Alcoholic Beverages; sales in residential community developments.

HB 1222

Cigarettes, Tobacco Products; sales to minors; strict regulations. ............ HB 1365

Coin-operated Amusement Games or Devices; winning players; rewards.

HB 1151

Copyrighted Musical Works; contracts between owners and proprietors.

SB 426

Dealers' Sales, Income Tax Returns; information disclosure; filing.

HB 1586

Firearms Dealers; licensees; handgun sales; state-wide regulation.

SB 106

Firearms Dealers; sale of handguns; state background check law.

HB 513

Fraudulent Transactions Involving Timber or Agriculture; penalties. ......... HB 907

Ginseng Plant Growers; registration; harvest season; harvesters.

HB 1263

Handguns; pistols, revolvers; restrictions on number of purchases.

SB 109

Motor Vehicle Sales; installment delinquency charges; unlawful franchisor

actions against dealers. ..........................

HB 1728

Offense of Selling Counterfeit Goods, Designs, Symbols; penalties.

SB 498

Retail Installment, Home Solicitation Sales; when seller not liable.

HB 1647

Sale of Recycled Antifreeze to Service Vehicles; labeling; notices.

HB 1442

Telemarketers; prohibit use fire department name without permission.

HB 1484

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2462

JOURNAL OF THE SENATE

SELLING AND OTHER TRADE PRACTICES (Continued)

Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153

Vending Machines; sales tax collection; reporting of sales.

HB 1229

Vendors' Single Interest Credit Insurance; premiums, rates. ............... HB 1398

SENATE

Adopt Rules 1996 Session ................................................ SR 380

Committees; Membership changes ................................. Page 2, 71, 258

Fiscal Affairs Subcommittees; transfer of funds from budget units. ........... SB 595

General Assembly; jointly sponsored bills, resolutions; authorize. ............ SB 128

Insurance and Labor Committee; access vehicle insurers rate filings.

SB 535

Insurance and Labor Committee; report from Insurance commissioner.

HB 1404

Legislative Information; public distribution through GeorgiaNet.

SB 337

Legislative Services Committee; additional members; minority leaders.

SB 28

MARTA Overview Committee; composition; update committee names.

SR 40

Members and Lt. Governor; limitation of terms of office. ..................... SR 2

Members; daily expense allowance; per diem differential; air travel, equipment

reimbursement. ...................................................... HB 1368

Members; election; change minimum age; amend Constitution.

SR 531

Members; provide four-year term of office; amend Constitution.

SR 425

Members; unexpired terms; filling of vacancies. ............................ SR 287

Morning Roll Calls ................. 1, 24, 34, 51, 65, 80, 96, 107, 119, 136, 166, 191,

222, 263, 315, 353, 385, 415, 465, 487, 564, 594, 671, 706, 728, 760, 795,

795, 826, 850, 899, 944, 994, 1029, 1089, 1142, 1219, 1279, 1393, 1697, 1910

Notify Governor; General Assembly Convened 1996 Session.

SR 382

Notify House of Representatives; Senate Convened. ........................ SR 381

Proposed Bills Affecting Residential Housing Costs; impact statement.

SB 97

Roll Calls; voting machine malfunction; Senator Scott authorized to cast verbal

vote until repaired ........................................... Pages 1323, 1393

Rules; adopted ........................................................... Page 3

Rules; amend; committees holding bills or resolutions 10 days.

SR 56

Rules; amend; distribution of bills and resolutions.

SR 27

Rules; amend; setting of calendar by Committee on Rules.

SR 264

Senatorial District 33; change composition.

...

SB 449

Senatorial Districts 48, 56, 21 and 32; change descriptions

SB 677

Standing Committees; membership changes

Pages 2, 71, 258

Time of Convening, Technological Support Needs; commission to study.

HR 1032

Tribute to the Honorable Culver Kidd and Placement of Portrait.

SR 444

SENATOR ABERNATHY Excused; business ................................................ Pages 563, 151 Excused to attend funeral .............................................. Page 1526

SENATOR BALFOUR Excused from voting on SB 769, Rule 175 ............................... Page 1057
Excused; out of town business ........................................... Page 826

SENATOR BLACK Excused; illness in family .......................................... Page 438, 536 Excused; inclement weather ............................................. Page 353 Statement on morning roll call ........................................... Page 51

SENATOR BLITCH Excused; business ................................................ Page 950, 1832 Excused; doctor's appointment.......................................... Page 1227 Excused; illness . ............................................... Page 353

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INDEX

2463

SENATOR BOSHEARS

. .. . Page 761

SENATOR BROUN Excused; business with Governor Excused to attend WCC meeting Honored on eightieth birthday .

. . . . . Page 1575 Pages 208, 869 ...... Page 995

SENATOR BROWN; Excused; personal business

...... Page 193

SENATOR CAGLE Excused; business ........................... Excused; business in district .................

Pages 537, 1817 ....... Page 328

SENATOR CHEEKS Excused from voting on SB 169, Rule 175 Excused; illness ........................

Pages 783, 1799 ........ Page 80

SENATOR CLAY Appointed to Senate Ethics Committee Excused; business ...................... Excused to attend funeral

......... Page 2 ....... Page 426 ....... Page 718

SENATOR CROTTS Excused; business ...................... Excused to attend funeral ...............

Page 1122, 1572, 1616, 1719, 1374 ......................... Page 50

SENATOR DAY Excused; business ......................................... Page 1664, 1742, 1880 Excused; family business ............................................... Page 121 Excused; personal reasons ............................................. Page 1089 Excused to attend funeral............................................... Page 850

SENATOR EDGE Excused; legislative business ................................. Pages 564, 671, 2032 Protest on action of Senate on HB 1318 filed ............................ Page 1155

SENATOR EGAN; Excused ............................................. Page 1518

SENATOR FARROW Excused; business ...................................................... Page 826 Excused; legislative business ........................................... Page 2033

SENATOR GLANTON Excused; out of state business ........................................... Page 137 Statement filed on amendment vote on HB 1265 ......................... Page 1208

SENATOR GOCHENOUR; Excused; illness ......................... Pages 353, 385

SENATOR GRIFFIN Excused; business ...................................................... Page 661 Statement on privatization filed ......................................... Page 193

SENATOR GUHL Excused; business ........................................... Pages 432, 671, 1721 Excused; illness ........................................................ Page 594

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2464

JOURNAL OF THE SENATE

SENATOR HARBISON; Excused; out of town business .................... Page 1142

SENATOR HENSON; Excused; pressing business .................... Pages 264, 466

SENATOR HILL; Excused; urgent business ............................... Page 149

SENATOR ISAKSON; Resignation from Senate ............................. Page 17

SENATOR JAMES Excused; pressing business ........................................ Pages 536, 805 Statement on amendment vote on HB 1265 .............................. Page 1205 Statement on roll call votes ........................................ Pages 54, 729

SENATOR JOHNSON, ERIC Excused; business in House ............................................ Page 1376 Statement on morning roll call ................................. Pages 35, 416, 594

SENATOR KEMP Excused .................................................. Page 1518, 1647, 1697 Excused from voting on SB 169, Rules 175 .............................. Page 1799 Excused; illness ........................................ Pages 165, 353, 536, 1029 Statement on Local Calendar vote ....................................... Page 195

SENATOR LAMUTT Committee assignments ................................................. Page 71 Elected to fill vacancy in 21st district ..................................... Page 52

SENATOR LAND Appointed to Senate Appropriations Committee ............................. Page 2 Excused; business ............................................... Pages 826, 1245

SENATOR LANGFORD Excused; meeting ..................................................... Page 1142 Statement on morning roll call ......................................... Page 1393

SENATOR MARABLE; Explanation on SB 635 vote ....................... Page 818

SENATOR MCGUIRE; Excused from voting on SB 769, Rule 175 .......... Page 1057

SENATOR MIDDLETON Excused; Senate business .............................. Pages 265, 885, 1497, 1716 Excused; transportation problems ........................................ Page 331

SENATOR NEWBILL; Excused; business

Pages 426, 1497, 1517, 1716, 1735

SENATOR PERDUE Excused from voting on SB 667, Rule 175 ................................ Page 716 Excused; personal business ............................................. Page 193

SENATOR POLLARD Excused; illness ................................................. Pages 24, 34, 65 Excused; mother's illness ............................................... Page 489

SENATOR RAGAN Statement on HB 1728 vote ............................................ Page 1743 Statement on morning roll call .......................................... Page 595

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INDEX

2465

SENATOR RALSTON; Excused; business in House ................. Page 1118, 1295

SENATOR RAY; Excused; business ....................................... Page 315

SENATOR STOKES; Excused ...................................... Page 672, 1279

SENATOR TANKSLEY Excused; death of his father ................................... Pages 594, 712, 804 Excused; out of town business ........................................... Page 994

SENATOR TAYLOR Excused; family illness ............................................. Page 34, 566

SENATOR THOMAS; Excused; business ................ Pages 734, 1376, 1394, 1697

SENATOR THOMPSON Excused; business ............................................... Pages 905, 1052 Excused; doctor's appointment........................................... Page 264 Excused; illness ....................................................... Page 1089 Excused to attend meeting ........................... .................. Page 328 Excused; transportation problems ......................................... Page 24 Statement filed ......................................................... Page 25

SENATOR TURNER Excused; business ..................................................... Page 1110 Excused; medical problems ............................................... Page 24 Statement on morning roll call ................................... Pages 119, 1910

SENATOR WALKER Excused; illness ......................................................... Page 24 Excused; personal business ....................................... Pages 165, 995

SENIOR CITIZENS (See Elderly)

SENIOR GEORGIANS WEEK AT THE CAPITOL; declaring.

SR 523

SENTENCE AND PUNISHMENT

Cases Involving Felonies or Misdemeanors; community service probation.

SB 78

Conditional Authority of Superior Court to Grant Pardons and Parole.

SB 633

Controlled Substances Violations; drug trafficking; nitrous oxide. ............ HB 342

Controlled Substances Violations; punishment of repeat offenders. .......... HB 1555

Crimes Committed Using Certain Weapons; mandatory penalties.

HB 308

Criminal Sentences; prohibit modification through financial payments. ....... HB 315

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Cases; juries; deadlocked sentencing verdict. ................. SB 329

Death Penalty Habeas Corpus Cases; procedural rules; time for filing. ....... SB 102

Death Penalty; imposition in murder cases involving a child victim. ......... SB 605

Death Penalty in Capital Felony Cases; deadlocked jury verdict. ............. SB 313

Felony Crimes; pretrial proceedings; issues of mental competency. ........... SB 160

Inmates Convicted of a Crime While in Prison; consecutive sentence. ........ SB 406

Juvenile Courts; use of records involving felony cases in sentencing. ......... SB 539

Juveniles in Custody of DCYS; possession of unlawful contraband.

HB 1197

Nonviolent Inmates; alternative sentencing; report of cost savings.

SR 137

Offense of Conspiracy to Commit a Crime; conviction procedures.

HB 1560

Offense of Family Violence Battery; define acts; punishment. ................ SB 610

Offense of Simple Battery Involving Family Violence; 3rd conviction.

SB 341

OfFenses Involving Family Violence; orders to participate in intervention and

counseling program. ................................... ............... SB 157

Offenses Resulting in Serious Injury or Death of a Child; punishment. ....... SB 396

Persons Arrested in Drug-free Commercial Zones; restricted entry. ......... HB 1654

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2466

JOURNAL OF THE SENATE

SENTENCE AND PUNISHMENT (Continued) Persons Committing Certain Offenses Ineligible Probation Boot Camp ....... SB 285 Persons Violating Child Support or Alimony Orders; diversion program. ....... SB 7

SEQUOIA HIGH SCHOOL WRESTLING TEAM, AAAA CHAMPIONS Commend .............................................................. SR 695

SEWERAGE (See Waste Management)

SEXUAL OFFENSES

Child Abuse; admissible evidence; certain statements made by child. ......... SB 124

Commission of Certain Offenses; acts of family violence; redefine. ............ SB 397

Death Penalty; grounds for imposition; murder involving child victim. ....... SB 605

Minors; age for admission to premises exhibiting sexual matter. ............. SB 396

Offenses Against Children Under Age 16; rape, molesting, enticing. .......... SB 140

Offenses Against Females Under Age 16; rape, child molestation, solicitation for

indecent purposes. ..................................................... SB 57

Offenses of Public Indecency; punishment; cumulative to other laws.

HB 1531

Persons Committing Certain Offenses Ineligible Probation Boot Camp. ....... SB 285

Public Indecency, Offense of; lewd or sexual conduct; prohibit in jails, penal and

correctional institutions. .............................................. HB 1168

Rape, Offense of Statutory; age of perpetrator; different penalties. .......... HB 1316

Rape or Aggravated Sodomy; evidence; marital relationship not bar prosecution;

medical exam costs; information for victims. ............................. SB 210

Sexual Assault; contact with person seeking counseling prohibited. ......... HB 1033

Sexual Harassment in Work Environments; prohibited actions. .............. SB 268

Sexually Violent Offenders; release conditions; registration program. .......... SB 53

Statutory Rape Against Teenage Victims; age of perpetrator; penalty. ........ SB 543

SHERIFFS (Also See Law Enforcement)

Abolish Fees for Services to Victims of Domestic Violence Actions. .......... HB 1569

Arrest Powers When Felony Crimes Committed in Presence of. .............. SB 183

Bail Bonds Posted for Trial Appearance; forfeiture conditions. .............. HB 1479

Cash Bonds; deposits in interest-bearing accounts; cross-references. .......... HB 198

Jails; acceptance of persons in need of immediate medical treatment. ....... HB 1296

Jails; inmate medical care; actions to recover costs; judgments. ............. HB 1154

Licensing Raffles Operated by Non-Profit Organizations. ................... HB 1637

Nomenclature or Symbols Used to Identify Office; unauthorized use. ........ HB 1649

Notices of Sex Offender Conviction Data and Resident Address.

SB 53

Qualifications; peace officer registration or certification. ...................... SB 84

Retirement; benefits subject domestic relations orders defined. .............. SB 719

Retirement Fund; creditable service; veterans; military service. .............. HB 590

Retirement Fund; increase monthly benefits. .............................. HB 773

SHOPLIFTING; Theft; increase maximum property value for a misdemeanor. SB 386

SHRIMP; limit amount which may be taken by cast net. .................... HB 1159

SHRINER HOSPITALS FOR HANDICAPPED CHILDREN; commemorative license plates ........................................................... SB 520

SILOAM, TOWN OF; new charter; Greene County. ......................... HB 1744

SILVER-HAIRED LEGISLATURE; commend .............................. SR 558

SLAPP BILL; Civil Actions; improper claims against persons addressing public issues, concerns. ......................................................... SB 1

SLOSHEYE TRAIL BIG PIG JIG, STATE BBQ COOKING CONTEST Recognizing. ............................................................ SR 632

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INDEX

2467

SLOTIN, SENATOR RON; commend ...................................... SR 729

SMALL BUSINESSES Health Insurance; small employers, self-employed; access to coverage......... SB 561 Natural Gas Customers in a Deregulated Market; committee to study. ....... SR 518 Small Employer Health Benefit Plans; benefits, exclusions, coverages......... SB 220

SMITH, HILLARY; Perry High School FFA; commend ....................... SR 550

SMITH, JIMMY LEE; name Parkway to honor; Hiram, Paulding County.

HR 1016

SMITH, LORAN; University of Georgia Sports Commentator; commend.

SR 527

SMITH, MARILYN AND DONNIE; 1995 Farmer of Year Award; commend. SR 579

SMITH, PAMELA KAY; claims against the state; compensate.

HR 992

SMITH, SHANNON D.; University System Scholar; commend ................ SR 687

SMOKE-FREE CLASS OF 2000 PROJECT; commend

SR 628

SMOKING (See Tobacco Products)

SOCIAL CIRCLE, CITY OF; recorder's court; maximum penalties

HB 1896

SOCIAL SECURITY

Medicare Supplement Policies; implement 1994 Social Security Act. ......... SB 756

Medicare Supplement Policies; implement 1994 Social Security Act.

HB 1404

SOCIAL SERVICES (Also See Human Resources or Public Assistance or Domestic)

Adult Care; assisted living communities; new category of facilities. .......... HB 460

Child Abuse Prevention Program Offering Support to Families; define. ....... SB 654

Child Support; contempt proceedings; failure to pay; legal defense. ........... SB 61

Child Welfare Programs; foster care, adoption; committee to study.

SR 590

Code Revision; Title 49; correct errors and omissions...................... HB 1195

Disabled Persons; technology related assistance; trust accounts.

SB 510

Economically Disadvantaged Youth; skills training Youthbuild Program. . . . .. SB 315

Family Caregiver Support; grants to adults for inhome care.

...

HB 587

Medicaid; health services; contracts; provider sponsored networks. .......... HB 1804

Medicaid Programs; Select Oversight Legislative Committee created,

SR 535

Medicaid; purchasing of pharmaceutical drugs; restrictions. ................. SB 300

Mental Health; state institutions; patient cost of care; billing. .............. HB 1149

Pre-kindergarten Programs; provide for screened toilet facilities.

HB 1211

Public Assistance; AFDC benefits; both parents living in home; wages. ....... SB 379

Public Assistance; AFDC child recipients; LEARNFARE pilot program.

SB 298

Public Assistance; AFDC families; support under 'man in house rule'. ........ SB 768

Public Assistance; AFDC grants; children required attend school. ............ SB 119

Public Assistance; AFDC money payment terminated after certain date.

SB 383

Public Assistance; AFDC money payments; additional birth of a child.

SB 382

Public Assistance; AFDC parent; income considerations; man in house.

SB 378

Public Assistance; AFDC recipients; PEACH Employment Services. .......... SB 388

Public Assistance; AFDC recipients under age 18; live parent's home. ...... SB 380

Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384

Public Assistance; AFDC; teenage recipients; school attendance.

SB 13

Public Assistance; dependent mothers; savings account pilot project.

SB 548

Public Assistance; estimated costs; survey and statistical summary. .......... SB 381

Public Assistance or Food Stamps; criminal fraud; Two Strikes and You're Off

Act. ............................................... .................. SB 446

Unruly or Delinquent Children; commitment to state institutions; release;

religious activities. ................................................... HB 1370

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2468

JOURNAL OF THE SENATE

SOCIAL SERVICES (Continued) Vocational Rehabilitation; delete "handicap"; insert "disability". ............. HB 653 Welfare Administration, Georgia Council for; creation. ..................... HB 1328 Work for Welfare Program; implement statewide; require participate. ........ SB 384

SOCIAL WORKERS (Also See Counselors or Professions); licensees; alleged incapacitating condition. ................................................. HB 273

SODOMY, OFFENSE OF (Also See Sexual Offenses) Prosecution; marital relationship not bar; evidence; inform victim ........... SB 210 Sexually Violent Offenders; release condition; registration program. ........... SB 53

SOLID WASTE (See Waste Management or Hazardous Materials)

SONORAVILLE EAST MIDDLE SCHOOL; commend

SR 597

SONS OF CONFEDERATE VETERANS; commend ........................ SR 625

SOUTH FULTON COUNTY

Economic Development and Revitalization Study Commission; create.

SR 427

Elected Officials; commend. .............................................. SR 566

Legislative Day at the Capitol Celebrating Black History Month.

SR 466

SOUTH FULTON COUNTY PUBLIC OFFICIALS; introduced

Page 672

SOUTHERN HIGHROADS SCENIC HIGHWAY Designate official route. .................................................. HR 805 Designation. ............................................................ SR 484

SOUTHERN JUDICIAL CIRCUIT; Superior Courts; judges; increase supplement; Brooks, Colquitt, Echols, Lowndes, Thomas Counties. .......... HB 1762

SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT

SB 387

SOUTHWEST DEKALB HIGH SCHOOL BAND; commend

SR 564

SOUTHWEST DEKALB HIGH SCHOOL STATE FOOTBALL CHAMPIONSHIP; commend ............................................ SR 419

SPALDING COUNTY; Office of Elected County Surveyor; abolish. ........... HB 1777

SPECIAL EVENTS; allow State Patrol personnel to provide security.

SB 623

SPEED REGULATIONS Interstates, Urban Area Highways; increase maximum lawful limits. ....... HB 1510 Interstates, Urban Area Highways; increase maximum speed limit .......... SB 688 Interstates, Urban Highways, County Roads; increase speed limit. ........... SB 606 Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294 Radar Speed Detection Timing Devices; certification; permits. .............. HB 1256 Speed Limits Through Road Construction Sites; establishment of. ........... SB 580 Speed Restrictions; prohibit DOT, PSC officers enforce. .................... HB 1738

SPRAYBERRY HIGH SCHOOL; commend

SR 636

SQUARE DANCING; designate as official folk dance of state. ............... HB 1519

ST. MARYS, CITY OF Historic Properties Restoration; urge National Park Service plans. ........... HR 316 Mayor and Council; nonpartisan election by plurality of voters. .............. SB 778

STAGGERED TAG SALES (Also See Motor Vehicles or License Plates) Ben Hill County; vehicle registration; 4-month nonstaggered period. ........ HB 1607 Calhoun County; motor vehicle registration period. ........................ HB 1204 Calhoun County; vehicle registration; nonstaggered period. ................ HB 1520

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INDEX

2469

STAGGERED TAG SALES (Continued) Charlton County; vehicle registration; nonstaggered period ................. HB 1592 Clay County; motor vehicle registration period. ........................... HB 1205 Clay County; vehicle registration; nonstaggered period. .................... HB 1521 Dooly County; vehicle registration; 4-month nonstaggered period ........... HB 1679 Irwin County; vehicle registration; 4-month nonstaggered period ........... HB 1606 Mitchell County; motor vehicle registration; four-month period. ............. HB 1390 Owner's Registration Period; birthdate; 12-month staggered system. ......... SB 245 Randolph County; vehicle registration; 4-month nonstaggered period ........ HB 1658 Registration, Renewal Period; staggered, nonstaggered county systems. ...... SB 280 Stewart County; vehicle registration; 4-month staggered period. ............ HB 1673 Talbot County; vehicle registration; staggered period. ...................... HB 1799 Turner County; vehicle registration; 4-month period; referendum ........... HB 1829 Washington County; vehicle registration; nonstaggered period. ............. HB 1201 Webster County; vehicle registration; 4-month staggered period. ............ HB 1363 Wilcox County; vehicle registration, licensing; nonstaggered period. ......... HB 1517

STALKING, OFFENSE OF

Criminal Offense of Stalking; evidence; witnesses; spousal testimony.

SB 234

Family Violence; change definition. ....................................... SB 397

Persons Convicted Ineligible Incarceration in Probation Boot Camp. ......... SB 285

STANDARD TELEPHONE COMPANY; easement area; Unicoi State Park. . SR 458

STANLEY, TRACY T.; University System Scholar; commend ................. SR 688

STATE AGENCIES

Actions Contesting Agency Rules, Regulations; commencement period. ....... SB 101

Administrative Rules; amendment proposals; printed synopsis. ............. HB 1209

Appropriations; transfer of funds from budget units; limitations. ............. SB 595

Archives and History, Department; remove duties relative to Indians ........ SB 266

Budgetary Responsibility Oversight Committee (BROC); functions. .......... SB 703

Child Abuse Prevention Panel, State-wide; administrative agency. ........... SB 493

Child Support Recovery; duties of any licensing entity to enforce. ............ SB 227

Children's Trust Fund Commission; staff support for State-wide Child Abuse

Prevention Panel. ..................................................... SB 493

Contracts; minority participation; increase bid opportunities. ................. SB 73

Contracts; privatization of state institutions; restrictions. ................... SB 481

Contracts; purchases of goods and services; make or buy analysis. ........... SB 407

Corrections Department; contracts for prison and inmate services.

SB 675

Corrections Department; prison management; 5-year strategic plans,

alternatives; outcomes based budgeting system; report. ................... SR 137

Department of Education; officers, employees; unclassified service.

SB 538

Department of Transportation; powers; negotiated contracts; amount. ....... HB 1508

DOAS Purchasing; committee to study more effective procedures. ............ SR 499

Employees Displaced by Privatization; job training, retraining.

SB 562

Employees; grievances; claims of unfair treatment; procedures. .............. SB 356

Employees Labor Relations; collective bargaining procedures. ...

SB 275

Employees; new hires; unclassified service; veterans consideration. .......... SB 635

Employees; wage incentives; ineligibility; abusive public behavior. ........... SB 213

Expenditures Prohibited; certain activities or behavior. ..................... HB 694

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Fees; acceptance of credit card payments. ................................ HB 1591

GaNet Authority; exempt data disclosure; publish 'Georgia Register'. ......... SB 725

Georgia Aircraft Authority; create; services for state agencies. .............. HB 1584

Georgia Council for Welfare Administration; creation. ..................... HB 1328

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2470

JOURNAL OF THE SENATE

STATE AGENCIES (Continued)

GeorgiaNet Authority; public distribution of legislative information. ......... SB 337

Human Resources Department; attach State-Wide Child Abuse Prevention

Panel for administrative purposes. ...................................... SB 493

Meetings by Telephone Conference Calls, Closed Circuit TV; notices

HB 1366

Official State Language; designate English. ................................ SB 519

Proposed Rule Adoption; prohibit during certain time period. ................ SB 451

Proposed Rules Affecting Residential Housing Costs; impact statement.

SB 97

Public Buildings; use of pesticides, fumigants; notice requirements. ......... HB 1317

Public Health; create new state department and board. ..................... HB 528

Purchasing; emergency purchasing in a declared state of emergency.

HB 288

Purchasing Reform Act of 1996; enact. .................................... SB 550

Relocation of Operations; notice to counties; economic impact study. ......... SB 150

Revenue Department; retention of tax collection fees to defray cost.

HB 1443

Sexual Harassment in Work Environments; prohibitions; posting signs

SB 268

State Buildings and Vehicles, committee to study efficient use of. ............ SR 268

State Employees; study committee on early retirement requirements.

SR 438

State War Veterans' Home; operation by private provider; conditions. ........ SB 480

Suggestions for Efficient Operations; create new program, awards.

HB 1803

Vendors of State Government; disclose gifts to public employees. ............. SB 19

STATE BAR OF GEORGIA; Law School Public Prosecutor Act; assistance in municipal courts. ........................................................ HB 514

STATE COURTS Appeals from Default Judgments from Magistrate Courts; review. ........... SB 540 Cherokee County State Court; creation. .................................. HB 1729 Cherokee, Forsyth Counties; separate state courts; transfer cases. .......... HB 1727 Cities of 300,000 or More; re-create state court; jurisdiction; offenses against traffic laws. .......................................................... HB 1447 Judges; appointment as judge pro tempore of Juvenile Courts. .............. SB 141 Judges; method to determine minimum salary; county funds; changes. ...... HB 1401 Judges Providing Assistance in Superior Court; compensation. ............. HB 1467 Judgments; enforcement; deferred partial payments. ....................... SB 434 Office of Solicitor-general; provide for; revise laws, references. .............. HB 1430 Secretary to Judges; pay schedule when transfers to Superior Court. ........ HB 1218

STATE DEBT; Investment of Funds by State Entities; permitted investments. SB 308

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees or Merit System)

Acceptance of Gifts From State Vendors; disclosure reports. .................. SB 19

Charitable Donations From Wages; define qualified organizations. .......... HB 1454

Correctional Officers; victims of inmate battery or assault. .................. HB 660

Department of Children and Youth Services; crimes against personnel....... HB 1197

Department of Education; exclude from classified service. ................... SB 538

Early Retirement Service Requirements; committee to study. ................ SR 438

Education Department; authority of State School Superintendent.

SB 20

Education Department; authority of State School Superintendent. ............ SB 26

Education Department; State School Superintendent powers to abolish. ...... SB 536

Education Department; status of transferred employees. .................... SB 709

Employee Grievances; uniform 4-step procedure and requirements. .......... SB 356

Employee Job Performance; disclosure of information by employer. ......... HB 1492

Employment Assistance When Displaced by Privatization of Operations. . . .. SB 562

Georgia Student Finance Authority; transfer of employees from

Georgia Student Finance Commission. .................................. SB 641

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INDEX

2471

STATE EMPLOYEES (Continued) Labor Department; professional counselors; persons exempt licensing. ........ SB 542 Labor Relations; collective bargaining, unions; state commission on. ......... SB 275 Merit System; new hires; unclassified service; veterans preference. .......... SB 635 Natural Resources Department Law Enforcement Officers; witness fees. .... HB 1199 Peace Officer and Prosecutor Training Funds; disbursements. ............... SB 155 Political Activities; enumerate permitted and prohibited activities. ........... SB 584 Public Service Commission; establish separate Public Advocacy Staff. ........ SB 713 Retirement Benefits Subject Alimony, Child Support Orders; defined. ........ SB 719 Retirement System; creditable service; GBI narcotics agents. ................ HB 449 Retirement System; creditable service; out-of state service. .................. SB 439 Retirement System; creditable service; Shipping Inspection Service.......... HB 1012 Retirement System; creditable service; veterans returning employment. ...... HB 590 Retirement System; membership; certain mental health employees. ........... SB 4 Retirement System; membership; deadline for county DFACS employees. . . .. HB 1070 Retirement System; membership; Housing and Finance Authority. ........... HB 978 Retirement System; membership; North Georgia Mountains Authority. ....... HB 407 Retirement System; options; dependent child predeceases member. .......... HB 244 Retirement System; re-establishing service credit. .......................... HB 852 Retirement System; service allowance; 33 years of service. .................. SB 149 Revenue Agents, Enforcement Officers; entitled retain weapon, badge. ....... SB 394 State Agencies; prohibited expenditures; certain activity, behavior. .......... HB 694 State Agencies Proposing to Relocate Operations; economic impact. .......... SB 150 State Board of Registration for Professional Engineers and Land Surveyors; employment of a legal assistant. ........................................ SB 739 State Employment; medical exams certifying fitness; providers; files. ......... SB 671 State Institutions; privatization of operations; employee status............... SB 481 State Patrol; age requirement; certain persons, retention of badge. ........... SB 287
State Patrol; special Auxiliary Service created; authority, powers. ........... SB 623 Suggestions for Efficient Operations; create new program, awards. .......... HB 1803 Wage Incentive Payments; ineligible due to acts of public abuse. ............ SB 213

STATE FOSTER CARE AND ADOPTION STUDY COMMITTEE; creation. SR 590

STATE GOVERNMENT (Also See individually named state agencies)

Appropriations; annual budget; requiring 50% for education. ................. SR 46

Appropriations; general bills; limit expenditures, mandated costs. ........... SR 176

Appropriations, General, SFY 1996-1997. ................................. HB 1265

Appropriations Subcommittees; transfer of funds from budget units. ......... SB 595

Appropriations; supplemental acts increasing expenditures prohibited. ....... SR 251

Appropriations, Supplemental; SFY 1995-1996. ........................... HB 1186

Armory Buildings and Grounds; provide joint usage of facilities. ............. SB 754

Audits; cost analysis of expenditures mandated by legislation. ................ SB 38

Audits; impact notes; legislation affecting housing affordability. .............. SB 97

Audits; statistical costs summary; public assistance benefits. ................ SB 381

Block Grant Federal Funds; committee to study efficient use of.

SR 411

Block Grant Federal Funds; create joint commission to study.

SR 495

Board of Community Affairs; regional development centers; ratify and approve

territorial boundaries. ................................................. HR 323

Boards, Agencies, Committees; meetings; telephone conference calls, closed-

circuit TV; notices .................................................... HB 1366

Budgetary Responsibility Oversight Committee (BROC); functions. .......... SB 703

Claims Against the State; Edwin C. Chastain; compensate. ................. HR 447

Claims Against the State; Emmitt T. Lowery, Jr.; compensate. ............. HR 1006

Claims Against the State; Gerry A. Mikesell; compensate. .................. HR 886

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2472

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Claims Against the State; Margaret C. Ritchie; compensate. ................ HR 884

Claims Against the State; Nathaniel Blakney; Robert Daniel Hughes. ....... HR 1017

Claims Against the State; Pamela Kay Smith; compensate. ................. HR 992

Claims Against the State; Robert Daniel Hughes; compensate. .............. HR 902

Claims Against the State; Sharon I. Nobles; compensate. ................... HR 887

Claims Against the State; Sylvia A. Cone; compensate. ..................... HR 876

Claims Against the State; Terry Wanzer; compensate. ...................... HR 973

Code Revision; Title 50; correct errors and omissions. ...................... HB 1195

Constitutional Executive Officers, General Assembly Members; permit carry

concealed weapons at public gatherings. ................................. SB 624

Contracts; free enterprise participation process; competitive system. ......... SB 407

Contracts; minority contractors; increase bid opportunities. .................. SB 73

Correctional Institutions; contracts for prison and inmate services. .......... SB 675

Credit Card Payments; acceptance for amounts due state. ................. HB 1591

Designate; William Crittenden Building at Central State Hospital. .......... HR 988

Education, State Board of; repeal provisions creating the. ................... SR 379

Elected Officers; limitation of terms; amend Constitution. .................... SR 30

Elected Officers; limitation of terms of office; amend Constitution.

SR 161

Elected Officers; limitations of terms of office. ............................... SR 2

Emergency Management, Southern Regional Compact; enact. ............... SB 387

Employees; labor relations; collective bargaining procedures. ................ SB 275

Employment, Education or Contracts; prohibit preferential treatment. ........ SB 82

Environmental Trust Fund; establish for reparation of damages.

SR 504

Federal Mandates; claiming State sovereignty under Tenth Amendment. . . . .. SR 308

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Mandates; unfunded liabilities; request meeting with Congressional

Delegation. ............................................................ SR 71

Federal Regulatory Mandates Upon State Resources; state policy.

SB 405

Floyd Veterans Memorial Building; study to consider possibility of erecting

World War I Veterans Monument.

......... HR 873

GaNet Authority; exempt data disclosure; publish 'Georgia Register'.......... SB 725

Georgia Aircraft Authority; creation; services for state agencies. ............ HB 1584

Georgia Golf Hall of Fame; nonprofit corporation powers; tax status. ........ HB 1327

Georgia Housing and Finance Authority; transfer duties relative to public

housing programs. ................................................... HB 1419

Georgia Land Trust; create; use of public property sales proceeds.

SB 674

Georgia Music Hall of Fame Authority; allow certain expenditures. .......... SB 588

GeorgiaNet Authority; public distribution of legislative information. ......... SB 337

Historic County Courthouses; authorize DNR study to identify needs. ........ SR 618

Investment of Funds by State Entities; permitted investments. .............. SB 308

Lottery Proceeds; disposition; grants to local school systems. ................ SB 445

Lottery Proceeds; grants, scholarships; persons with disabilities. ............. SB 158

Lottery Proceeds; purposes; financing teacher computer training.

SB 46

Lottery Proceeds; scholarships; public assistance recipients. ................. SB 432

Merit System; new employees; classified service abolished. .................. SB 635

Merit System; personnel administration of political activities. ............... SB 584

Motor Vehicles; efficient use of; leasing; study committee. ................... SR 268

North Georgia Mountains Authority; employee retirement membership. ... HB 407

OCGA; delete term "handicap"; insert term "persons with disabilities; remove

accessibility barriers to public facilities. ................................. HB 653

O.C.G.A; revisions, modernizations, corrections; reenact statutes. ........... HB 1195

OCGA Title 12; Natural Resources; update certain effective dates. .......... HB 1224

O.C.G.A.; Title 21, Elections; correct errors and omissions. ................. HB 1196

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INDEX

2473

STATE GOVERNMENT (Continued)

Office Space Lease Rates; Automobile Usage, Leasing; study committee. ... SR 268

Official American Indian Tribe; Southern Band Cherokees and Creeks. ........ SB 41

Official American Indian Tribe; Southern Bank Cherokees and Creeks.

SB 123

Official Observances; designate Firefighter Appreciation Day. ............... SB 626

Official State Flag; change design and description. .......................... SB 44

Official State Language; designate English. ................................ SB 519

Official State Railroad Museum; Central of Georgia RR Shops; Savannah.

SB 415

Oglethorpe, James Edward, Tercentenary Commission; creation. ............ SR 101

Oglethorpe, James Edward, Tercentenary Commission; establish. ........... HR 1045

Operations; enact Suggestion System Act; create Awards Committee.

HB 1803

Peace Officer Standards and Training Council; abolish; name successor

agency. ............................................................... SB 484

Privatization of Correctional Services; report to General Assembly. .......... SR 137

Privatization of Operations; assistance to displaced employees. .............. SB 562

Property Conveyance; abandoned right of way in Augusta; convey to Gracewood

Federal Credit Union. ................................. HR 940

Property Conveyance; authorize sell state properties for environmental purposes

and proposed privatization of new prisons. ............................... SR 457

Property Conveyance; Bainbridge State Hospital; Decatur County road. . HR 1001

Property Conveyance; Black Rock Mountain State Park; lease land to Currahee

Paging Company; Rabun County. ....................................... HR 946

Property Conveyance; Centennial Olympic Park owned by WCC Authority. SR 525

Property Conveyance; Clay, Ware Counties; leases; golf facilities. ............ SR 257

Property Conveyance; convey thoroughfare to City of LaGrange. ............. SR 569

Property Conveyance; grant easements; Savannah, Cave Spring, Crawford and

Lee Counties. ......................................................... SR 459

Property Conveyance; grant easements; telecommunication and utility facilities

in 7 counties. ......................................................... SR 458

Property Conveyance; Heart of Georgia Technical Institute building; convey

Dodge County-Eastman Development Authority. ......................... HR 853

Property Conveyance; Long County Wildlife Management Area; easements;

access by adjoining landowners.

HR 885

Property Conveyance; Milledgeville; surplus land; sell by competitive bid; repeal

certain Acts. .......................................................... HR 334

Property Conveyance; Richmond County; agreement; license test site. ........ HR 298

Property Conveyance; Richmond County; right of way; Gracewood School.

SR 282

Property Conveyance; Rockdale County; lease tracts of land. ................ SR 445

Property Conveyance; Stephens County; National Guard facility. ............ HR 351

Property Conveyances; City of Carrollton; City of Cartersville. .............. SR 413

Property; Georgia Military College; approval to sell or lease.

SB 549

Property; municipalities supplying services; subject to assessments.

SB 487

Public Boards, Bodies; membership; effect of Congressional and Legislative

redistricting. ......................................................... HB 1336

Public Buildings, Arenas, Stadiums; restroom facilities for women.

SB 614

Public Buildings; use of pesticides, fumigants; notice requirements.

HB 1317

Public Facilities; display of POW-MIA flag on November 11 each year.

SB 25

Public Health Department; create; transfer certain DHR functions. .......... HB 528

Public Housing Programs; duties of Department of Community Affairs. . HB 1419

Public Initiative Petition and Referendum Process. .......................... SR 60

Public Initiative Petition Process; amend Constitution. ...................... SR 4

Public Initiative Petition Process; amend Constitution. ...................... SR 23

Public Initiative Petition Process; amend Constitution. ...................... SR 66

Public Initiative Petition Process; amend Constitution. ..................... SR 115

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2474

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Public Initiative Petition Process; amend Constitution. ..................... SR 236

Public Issues, Concerns; improper claims against persons addressing. ......... SB 1

Public Officers, Employees; prohibited lobbyists expenditures. ............ SB 489

Public Property; sale or lease proceeds for Georgia Land Trust. .............. SB 674

Public Records; fees for copying, search, retrieval of documents. ............ HB 1170

Public Safety, Board of; law enforcement training duties .................... SB 485

Public Service Commission; election of members from five districts. ......... HB 1372

Purchasing; committee to study more effective DOAS procedures. ............ SR 499

Purchasing During a Declared State of Emergency; powers. ................. HB 288

Purchasing Pharmaceutical Drugs from Certain Sellers; restrictions. ......... SB 300

Rail Passenger Authority; projects; regional or state-wide plan. .............. SB 322

Railroads; abandoned rights of way; acquisition for public purposes. ......... SB 571

Regional Development Centers; contracts; exception to prohibitions. ........ HB 1497

Revenue Commissioner; designate person to serve MARTA board.

SB 370

Revenue Department; retention of tax collection fees to defray cost. ......... HB 1443

Secretary of State, Office of; powers; agency rules or regulations.

SB 343

Sexual Harassment in Work Environments; prohibitions; posting signs.

SB 268

State Agencies; actions contesting agency rules; commencement. ............. SB 101

State Agencies; contracts; applicable Purchasing Reform Act of 1996. ........ SB 550

State Agencies; prohibited expenditures; certain activity, behavior. .......... HB 694

State Agencies; proposed rule adoption; prohibit during certain time.

SB 451

State Agencies; relocation of operations; economic impact study.

SB 150

State Agencies; rules; amendments, changes; content of synopsis. ........... HB 1209

State Board of Education; members; election by General Assembly

SR 465

State Debt; term limitations; life of item financed or 20 years ............... SR 168

State Employees; define proper and improper political activities.

SB 584

State Employees; Department of Education; unclassified service.

SB 538

State Employees; grievances; uniform four-step filing procedures.

SB 356

State Employees; positions filled by new hires; unclassified service. .......... SB 635

State Employees; study committee on early retirement requirements.

SR 438

State Employees; wage incentive sanctions; abusive public behavior.

SB 213

State-Federal Checks and Balances; call for a Conference of States.

HR 280

State Games Commission; powers; nonprofit subsidiary corporations. ........ SB 737

State Institutions; privatization of operations; exceptions; study.

SB 481

State Land Trust; provide for establishment of; amend Constitution.

HR 1129

State Military Property and Fiscal Officer; designation; authority. .......... HB 1293

State Museum Authority Facilities and Collections; provide for. ............ HB 1169

State Properties Commission; director; MARTA board designee.

SB 370

State Symbols; official folk dance; designate square dancing. ............... HB 1519

State Symbols; official pie; Mattie's Bistro and Bakery Pecan Pie.

HR 1137

State Symbols; official sorghum syrup festival; Blairsville. .................. HR 156

State War Veterans' Home; operation by private provider; conditions.

SB 480

Taxes, Fees, Assessments Imposed by General Assembly; required vote.

SR 61

Taxes, Fees or Assessments Imposed by General Assembly; required vote. . SR 78

Technology Related Assistance for Individuals with Disabilities Act.

SB 510

Technology Related Assistance Trust Fund for Individuals with Disabilities;

creation. .............................................................. SR 391

Technology Related Assistance Trust Fund; revolving loan program. ... SB 295

Transportation Commissioner; designate person to serve MARTA board.

SB 370

Transportation Department; powers; negotiated contracts; amount. ......... HB 1508

Urban Redevelopment Law; definitions; delete reference to 'slums'.

HB 1255

Vendors Must Disclose Gifts to Public Employees; file reports. ................ SB 19

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INDEX

2475

STATE GOVERNMENT (Continued) Veterans Returning to Public Employment; retirement credit. ............... HB 590 World Congress Center Authority; enforcement powers; facility usage. ...... HB 1475 World Congress Center Authority; powers; facilities usage. .................. SB 632

STATE LAND TRUST; amend Constitution. ............................... HE 1129

STATE OF THE STATE; Governor address joint session .................... Page 35

STATE PATROL (See State Troopers, Public Safety or Law Enforcement)

STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)

STATE SYMBOLS

Official State Flag; change design and description. .......................... SB 44

Official State Folk Dance; designate square dancing ....................... HB 1519

Official State Language; designate English. ................................ SB 519

Official State Pie; designate Mattie's Bistro and Bakery Pecan Pie.

HR 1137

Official State Railroad Museum; Savannah Central of Georgia RR Shops.

SB 415

Official State Sorghum Festival; designate festival in Blairsville. ............ HR 156

Officially Designate Firefighter Appreciation Day in Georgia. ................ SB 626

Use of State Seal or Flag on a Computer Home Page. ..................... HB 1630

STATE TROOPERS Sergeant Ralph Michael Rhodes; Georgia State Patrol; commend ............ SR 594 Special Events Security; authority; create Auxiliary Service. ................ SB 623 Wright, Trooper Chris C.; commend heroic efforts .......................... SR 491

STEPHENS COUNTY; Board of Education; convey national guard property. HR 351

STEPHENS, ODIN, NATIONAL 4-H DELEGATE; commend

SR 476

STEPHENSON, PATRICIA HARRIS, PRESCHOOL TEACHER; commend SR 524

STEVENSON, AUTUMN, NATIONAL 4-H DELEGATE; commend .......... SR 471

STEWART COUNTY

Board of Education; members; compensation, expenses.

HB 1500

Governing Authority; change from single commissioner to a board. ......... HB 1902

Governmental Consolidation Study Committee; create.

HR 1233

Motor Vehicle Registration; 4-month staggered period. ..................... HB 1673

STONE MOUNTAIN JUDICIAL CffiCUIT Superior Court; provide for tenth judge. ................................... SB 602 Superior Court; tenth judgeship provided for in original bill. ................ SB 750

STRIPLING, SISTER RUTH; commend ................................... SR 717

STUDY COMMITTEE ON FRONT LICENSE PLATES; creation.

SR 615

STUDY COMMITTEES (See Committees, Study)

SUICIDE; Attempted Suicide; emergency nonconsensual medical treatment. SB 534

SUMMERLIN, LINDA; commend ......... ................................ SR 706

SUPERIOR COURTS (Also See Courts or Judicial Circuits)

Alcovy Judicial Circuit; third judgeship. ................................... SB 278

Augusta Judicial Circuit; additional judgeship. ............................. SB 325

Civil Actions; fees to fund Alternative Dispute Resolution Programs. ......... SB 628

Clerks; duties; docket and index power of attorney documents.

SB 144

Clerks; fees; property records; implementation of state-wide automated

information system. .................................................. HB 1613

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2476

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Clerks; records; storage at location other than courthouse. ................. HB 1761

Clerks; retirement benefits subject domestic relations orders. ................ SB 719

Clerks' Retirement Fund; creditable service; military service. ................ HB 590

Cobb Judicial Circuit; eighth judgeship. ................................... SB 264

Cobb Judicial Circuit, Joint Study Committee on Pilot Projects. ............. HR 260

Conasauga Judicial Circuit; fourth judgeship. .............................. SB 221

Criminal Procedure; arrested persons; rights when bail refused. ............. SB 576

District Attorneys; accusations against; repeal certain provisions. ............ SB 639

District Attorneys; employing assistant DAs; number in each circuit. ......... HB 231

District Attorneys; retirees holding public office, practicing law. ............ HB 1088

District Attorneys; retirement; transferring prior service credit. ............ HB 1006

Douglas Judicial Circuit, Joint Study Committee on Pilot Projects............ SR 274

Family or Domestic Violence Victims; no fees shall be charged. ............. HB 1569

Fees for Services in Family Violence Cases; total sum of fees. ............... SB 117

Granting of Pardons and Paroles; conditional authority. .................... SB 633

Gwinnett Judicial Circuit; pilot projects; joint committee to study. ........... HR 384

Judges; appoint election superintendent in certain circumstances. ........... SB 499

Judges; compensation, create state commission on. .......................... SR 97

Judges; creation of new judgeships; introduction of legislation. ............. HB 1065

Judges; employment of secretaries; compensation; pay schedule. ............ HB 1218

Judges in Southern Judicial Circuit; increase county supplements. .......... HB 1762

Judges Retirement; creditable service; veterans; military service. ............ HB 590

Judges; retirement; disability benefits. .................................... HB 679

Judges Retirement; eligibility; change minimum age, number of years. ....... HB 506

Judges Retirement System; benefits subject domestic relations order.

SB 719

Judges Retirement System; creditable service; juvenile court judges. ......... HB 213

Judicial Assistance; service of state court judges; compensation. ............ HB 1467

Judicial Offices; persons ineligible; Supreme Court order to remove.

HB 1396

Northeastern Judicial Circuit; change court term for Dawson County. ........ SB 547

Notaries Public; filing of performance bond. ................................ SB 403

Office of Senior Clerk; creation. .......................................... HB 1596

Sheriff Offices' Nomenclature or Symbols; unauthorized use.

HB 1649

Sheriffs; qualifications to take office; peace officer certification. ............... SB 84

Stone Mountain Judicial Circuit; tenth judgeship. .......................... SB 602

Western Judicial Circuit; third judgeship. ................................. SB 306

SUPREME COURT Chief Justice Robert Benham address joint session ......................... Page 55 Chief Justice Robert Benham; General Assembly Joint Session message. . . . . . HR 748 Justices and Appellate Judges; invite General Assembly session. ............ HR 747 Justices; compensation, create state commission on. ......................... SR 97 Orders to Remove Persons From Judicial Office After Review. .............. HB 1396

SURETY BONDS
Bail Bond Businesses; professional bondspersons; approval by sheriff. ........ SB 664 Bail Bonds Posted for Trial Appearance; failure to appear. ................. HB 1479 Bail Bonds; professional bondspersons; fingerprint records search. ........... HB 813 Beauty Pageants in Which Prizes are Offered; bond requirements. ........... SB 232
Bonds of Agricultural Products Dealers; notice of breach of bonds. ... HB 1279 Notaries Public; execution of performance bonds; amount. ................... SB 403

SUTTLES, DR. WILLIAM, PRESIDENT EMERITUS, GEORGIA STATE Commend .............................................................. SR 409

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INDEX
SWAINSBORO, CITY OF; change corporate limits. ......... SYCAMORE, CITY OF; new charter; reincorporation; powers.

2477
HB 1387 HB 1898

TAIWAN, REPUBLIC OF CHINA; urge U.S. support United Nations membership. ............................................................ SR 410

TALBOT COUNTY; Motor Vehicle Registration; staggered period.

HB 1799

TALLULAH FALLS TOWN COUNCIL; quorum, voting, special meetings HB 1848

TANKSLEY, HONORABLE JEPTHA C.; express regret at passing .......... SR 634

TARBUTTON, ROSA MCMASTER; honor. ................................ HR 161

TATTNALL COUNTY; Heart Ga. Regional Development Center; membership. HR 826

TAU PI OMEGA CHAPTER OF ALPHA KAPPA ALPHA SORORITY Commend .............................................................. SR 642

TAX AMNESTY; expiration of period; retention of collection fees. ............ HB 1443

TAX COLLECTORS, COMMISSIONERS

Ad Valorem; return of taxes; opening, closing books; Fulton County. ........ HB 1561

Ad Valorem Taxes on Tangible Property; installment payments. ............ HB 1364

Counties of 550,000 and City Within; repeal a certain tax provision. ........ HB 1771

County Boards of Tax Assessors; records not subject to subpoena. ........... SB 673

Intangible Property Tax Assessments; taxpayer appeals; extend time. ....... HB 1200

Intangible Recording Taxes; repealed; change revenue distribution. ........... HB 6

Intangible Tax on Personal Property; repeal; statewide referendum. ........ HB 1101

Land Bank Authorities; property conveyed for unpaid taxes; parties. ......... SB 545

Municipalities; delinquent ad valorem taxes; judicial foreclosures. .......... HB 1226

Tax Assessment, Property Valuation; use of electronic data systems.

HB 1382

Tax Assessors; property valuation; electronic data processing. .............. HB 1683

Tax Executions; property tax deed titles; ripening by prescription. .......... HB 1587

Tax Executions; property tax sales; amounts payable for redemption. ....... HB 1486

Tax Executions; unpaid ad valorem properties; lot block executions. ........ HB 1614

TAX EXECUTIONS

Delinquent Ad Valorem Property Taxes; consent to transfer. ................. SB 88

Judicial Sales; debtor prohibited hinder officer enforcing judgment. ......... HB 1172

Property Sold for Taxes; change amounts payable for redemption.

HB 1486

Property Sold for Taxes; tax deed titles; ripening by prescription. ........... HB 1587

Property Subject Unpaid Ad Valorem Taxes; lot block executions.

HB 1614

TAXATION (See Revenue and Taxation)

TAXICABS

Medical Insurance Coverage for Fare Paying Passengers Against Injury.

SB 658

Motor Vehicle Self-insurers; change certificate provisions. ................... SB 563

TAYLOR, JAMES, HEROIC EFFORTS TO SAVE CHILD; commend

SR 441

TEACHERS (Also See Education)

Certificated Personnel; exemption from certain written testing. .............. SB 429

Computer and Distance Learning Network Training Financed by Lottery.

SB 46

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2478

JOURNAL OF THE SENATE

TEACHERS (Continued)

Disciplinary Actions; findings of Professional Practices Commission. ......... SB 294

Educators Technology Training Commission; creation. ...................... SR 555

Educators Technology Training Study Committee; create. ................... SR 554

Employment; fraudulent credentials, certification; criminal penalty.

SB 296

Health Insurance Monthly Premiums; persons ineligible retirement. ........ HB 1099

In-school Suspension Classes; qualifications of persons in charge.

SB 10

Instructional Periods; class sizes; maximum student-teacher ratio.

SB 212

National Teacher Certification; increase state salary. ...................... HB 1785

Prohibited Conduct; adverse actions against students required attend judicial

proceedings. ......................................................... HB 1115

Retirement Benefits Subject Domestic Relations Orders; defined. ............ SB 719

Retirement; creditable service; reestablish withdrawn contributions.

HB 586

Retirement; disability benefits; effective date. ............................. HB 1025

Retirement; eligibility after 25 years regardless of age. ..................... HB 691

Retirement; membership; payment of reinstatement fees. ................... HB 977

Retirement; obtaining credit for absences due to pregnancy. ................. HB 588

Retirement; persons transferred to Office of School Readiness. .......

SB 709

Retirement; rights when changes made to Fulton County Pension Fund.

HB 963

Retirement; University System optional plan; employer contribution.

HB 173

Retirement; veterans entitled military service credit.

HB 590

Salary Schedules; local supplements; limit decrease from prior year. ......... SB 218

State Funds; prohibits expenditures; certain activities or behavior.

HB 694

State Salary Increased Upon Completion of National Certification.

HB 678

TEAM GEORGIA, SOBER DRIVING COALITION; commend

SR 551

TECHNICAL AND ADULT EDUCATION

Adult Offenders in Correctional System; jobs skills training. ................ SB 228

Commissioner; Rural Transportation and Economic Development Council.

SB 591

Department; designate as the state library agency. ......................... SB 709

Department; powers; student live work projects; acquisition; sales. .......... HB 1590

Educators Technology Training; committee to study. ........................ SR 554

Educators Technology Training; state commission to develop. ............... SR 555

Employees Engaged as Professional Counselors; license exception. ........... SB 542

Faculty; barber and cosmetology programs; regulation exemption.

HB 1582

Postsecondary Institutes; teacher computer training; lottery funds. ........... SB 46

Property Conveyance; Heart of Georgia Technical Institute building; convey

Dodge County-Eastman Development Authority. ......................... HR 853

Wanda Pierce Mack, 1995 GOAL Student Award; commend ................. SR 561

TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH

DISABILITIES ACT

Enact .................................................................. SB 295

Enact; effective upon ratification of Constitutional amendment.

SB 510

Establish Trust Fund; amend Constitution. ................................ SR 166

TEEN CURFEW BILL; minors under age 18; certain hours to drive at night. SB 79

TEENAGE PREGNANCY PREVENTION, JOINT STUDY COMMITTEE; creation. ............................................................... SR 515

TELECOMMUNICATIONS (Also See Public Utilities or Electronic Technology) Aerospace and Space Based Telecommunications; economic study. ........... SR 487
Civil Actions; nonstenographic depositions by electronic means. ............. SB 283 Electronic Commerce; legal framework for contracts, claims; authenticating
digital signatures; committee to study. .................................. SR 621

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INDEX

2479

TELECOMMUNICATIONS (Continued)

Electronic Filing of Real Estate Appraiser Applications. ................... HB 1525

Electronic Messages; computer records; digital signature fraud. .............. SB 736

Electronic Trace Devices Decoding Telephone Numbers; use by police. ....... HB 341

Electronic Transmissions; facsimiles; dealer, employer tax notices. .......... HB 1586

Electronic Transmissions; fraudulent practices; misleading data. ........... HB 1630

Electronic Transmissions; internet, telemarketing; criminal theft. ........... HB 1400

Intercepting Private Communication Which Invades Privacy of Another. ...... SB 74

Law Enforcement Communications; urge statewide 800 MHZ radio system. . SR 319

Property Conveyance; grant utility easements in certain counties. ........... SR 458

Telecast, Telemarketing; unauthorized use of police nomenclature. ........... HB 713

Telecast, Telemarketing; unauthorized use of sheriffs nomenclature. ........ HB 1649

Telemarketers; prohibit use of words pertaining to fire departments. ........ HB 1484

Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36

Telephone Conferencing; state boards, agencies, committees; notices. ........ HB 1366

Telephone Solicitation; high pressure selling; urge regulation of. ............. SR 298

Telephones; offense of harassing phone calls; criminal penalties. ............. SB 420

Telephones; specialized telecommunication TDD devices; distribution. ........ SB 460

Televised, Videotaped, Filmed Judicial Proceedings; set standards. ...

HB 1122

Theft of Telecommunications Services; unlawful acts denned; penalty.

SB 597

TELFACR COUNTY; Heart of Georgia Regional Development Center; membership. ............................................................ HR 826

TENNESSEE VALLEY AUTHORITY; easement; communications tower, power lines. .................................................................. SR 458

TERM LIMITATIONS

Amend Constitution; congressional and state officers. ....................... SR 161

Amend Constitution; county, municipal officers, boards of education.

SR 3

Amend Constitution; General Assembly and other elected officers. ............ SR 30

Amend Constitution; General Assembly and other officers. ................... SR 2

Amend Constitution; General Assembly, Congress, state officers. ............. SR 39

Amend Constitution; General Assembly; 4-term limit. ....................... SR 35

Amend Constitution; General Assembly; 6 terms or 12 years. ................ SR 36

County, Municipal Elected Officers; limit to 12 consecutive years. ............ SB 340

Town of Martin; mayor and city council; term limitations. ................. HB 1684

TERRELL ACADEMY FOOTBALL TEAM AND COACH; introduced

Page 108

TERRELL ACADEMY 1995 FOOTBALL TEAM; commend

SR 443

TEXTILE AWARD FOR INNOVATION; Johnston Industries, Inc.; commend SR 588

THE WINNING CIRCLE AND DEVELOPING RESPONSIBLE YOUNG MEN; commend ......................................................... SR 542

THEFT
Shoplifting; misdemeanor offenses; increase maximum property value. ....... SB 386 Stolen Driver's License; free police report, replacement of license.............. SB 37 Telecommunication Services; unlawful access to service; penalties. ........... SB 597 Telemarketing or Internet Activities; offenses involving intentional criminal
theft; penalties. ...................................................... HB 1400 Theft by Conversion; personal property replacement cost value. ............. SB 711 Trade Secrets Acquired by Deceitful Means; define; prosecution. ............. SB 418 Trade Secrets; redefine; include customers and suppliers information. ........ SB 316

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2480

JOURNAL OF THE SENATE

THERAPISTS Marriage and Family Therapists; licensure eligibility; use of titles. .......... SB 705
Marriage and Family Therapists; mental health emergency examinations. SB 620 Massage Therapists; create state board to regulate; licensure. ............... SB 452 Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368

THOMAS COUNTY Board of Commissioners; filling of vacancies. .............................. HB 1775 Superior Court Judges; increase county supplement. ............. ........ HB 1762

THOMASVHJLE; Regional YDC. ........................................... HR 792

Tn>WELL, CARL LEWIS; commend ....................................... SR 574

TDFTON, CITY OF; grant easement area for sewer line. ..................... SR 458

TIMBER Ad Valorem Tax Assessment; owner of timber rights tax liability. .......... HB 1553 Fraudulent Sales Transactions; misrepresenting origin or ownership. ........ HB 907 Off-Road Harvesting Equipment; exempt sales tax; legislative intent. ........ SR 277

TIPPENS ELEMENTARY SCHOOL, 70TH ANNIVERSARY; commend

SR 500

TOBACCO PRODUCTS

Cigarettes; sales to minors; false identification; intent to deceive. ............ SB 198

Correctional Facilities; urge designate outside smoking areas. ............... SR 304

Sales to Minors Prohibited; strict regulations; failure request ID.

HB 1365

Smoking, Use of Tobacco Products Prohibited in Places of Employment. ...... SB 236

TOOMBS COUNTY Heart of Georgia Regional Development Center; ratify membership. ......... HR 826 Probate Court; judge; nonpartisan elections. .............................. HB 1816

TORTS

Actions for Sexual Harassment in the Work Environment. .................. SB 268

Civil Practice; venue and jurisdiction over nonresident defendants.

SB 231

Negligence; liability for malicious acts of minor; property damage. ........... SB 255

Privileged Communications; right to free speech; improper claims.

SB 1

TOURISM

Coastal Resources Management; joint committee to study.

SR 540

Interstate Highway Signs; information concerning restaurants. .............. SB 769

TOWERY, HONORABLE MATTHEW A.; commend

SR 721

TOWING, WRECKER SERVICES Truck Chassis Designs Requiring Specialized Treatment; ID numbers. Truck Chassis Requiring Special Wrecker Services; unique ID number.

SB 767 . . HB 1290

TOWNS COUNTY

Magistrate Court; county law library fees. ................................. SB 653

Property Conveyance; grant easement for TVA transmission line.

SR 458

TRADE SCHOOLS; tuition equalization grants; professional or business.

SB 362

TRADEMARKS, SERVICE MARK OR TRADE NAMES

Manufacture and Sale of Counterfeit Goods, Designs; penalties.

SB 498

Trade Secrets; information made in environmental compliance reports. ....... SB 244

Trade Secrets; offense of theft; definitions; penalties; litigation. .............. SB 418

Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

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INDEX

2481

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION (Also See Highways or Public Utilities)

Agribusiness Drivers; hours of service exemption; urge PSC adopt official

schedule of planting and harvesting dates................................ SR 581

Aircraft Authority, Georgia; create; services for state agencies. ............. HB 1584

Automobile Carriers; oversized vehicles; permitted configurations. .......... HB 1243

Bus or Rail Vehicle Hijacking Using Explosive Devices; penalties. ........... SB 636

Commercial Fleet Vehicles; motor fuel deliveries from transport tank. ........ HB 39

Construction Sites; traffic control; establishment of speed zones. ............. SB 580

Department; commercial driveway permits on land acquired for state. ...... HB 1243

Department; enforcement officers; prohibit enforce speed limits. ............ HB 1738

Department; powers; negotiated contracts, expenditure over $50,000. ....... HB 1508

Designate; Brigadier General John R. Hullender Highway near Varnell.

SR 385

Designate; Buford C. Gilliard Bridge; east of Nicholls. ...................... HR 819

Designate; Charles A. Pannell, Sr. Highway; portion Highway 225. .......... SR 507

Designate; confirm, perpetuate naming portion of State Highways in

Dougherty County in honor of Thomas Jefferson. ......................... HR 852

Designate; Daniel Warnell Lee Memorial Bridge; Bacon County. ............ HR 1073

Designate; E. Clyde Kelly Memorial Bridge; O. H. Banks Memorial Bridge;

Jasper County. ....................................................... HR 1040

Designate; Elbert L. Jackson Memorial Bridge; Monroe County. ............ HR 1039

Designate; General William A. Holland Parkway; Whitfield County. ......... HR 901

Designate; Gregory Bridge; west of Eatonton; Putnam County.

HR 1004

Designate; Hamilton E. Holmes Drive; Fulton County. ..................... HR 1005

Designate; J. Max Cheney Memorial Bridge; new bridge on Ga Hwy 147. . . . . . HR 804

Designate; Jimmy Lee Smith Parkway; City of Hiram, Paulding County. . . . . HR 1016

Designate; John E. Quillian Highway; portion Hwy 52 Hall County.

HR 883

Designate; John H. Owen Intersection in Dahlonega. ....................... HR 825

Designate; Kirby Park, Sr. Memorial Bridge; Murray County. ............... HR 969

Designate; Lewis C. Adams, Jr. Bridge; Carl S. Peaster Highway;

Lt. Col. Lee Lender-man Memorial Highway; J.W. Champ Harrelson

Memorial Highway. .................................................. HR 1109

Designate; Mike Padgett Highway in Augusta. ............................. HR 189

Designate; Morrison Moore Connector; Dahlonega. ......................... HR 817

Designate; Paul E. Nessmith Parkway; Bulloch County. .................... HR 332

Designate; Purple Heart Highway; portion 1-20 within Rockdale County. . . . . . SR 123

Designate; Purple Heart Highway; portion Interstate 20. ................... SR 384

Designate; T.C. Hallman Memorial Bridge; Putnam County. ............... HR 1003

Designate; Veterans Parkway; certain portion Interstate 85 North. ........... SR 85

Designate; Wade R. Milam, Jr., Bridge; Highway 109, Troup County.

HR 304

Designate; W.W. 'Bill' Fincher, Jr. Highway; portion Highway 225. .......... SR 506

Federal Highway Funds; urge reauthorize ISTEA and TEA program. ........ SR 281

Highways; developmental road corridors; add Johnson Ferry Road. .......... SB 582

Highways; developmental road corridors; east-west addition; remove

Outer Perimeter. ....................................................... SB 2

Highways; interstates; signs; information concerning restaurants. ........... SB 769

Highways; outdoor advertising depicting obscene material, nudity.

SB 586

Highways; outdoor advertising; directional information signs. ............... SB 319

Highways; outdoor advertising; multiple message signs; permits. ........... HB 1689

Highways; outdoor advertising signs; tree or vegetation cutting. ............. SB 169

Highways; outdoor advertising; tree trimming permits; fees. ................ SB 321

Highways; removing a stop sign causing death of another; felony. ........... SB 697

Highways, Roads; speed restrictions; increase maximum limits. ............. SB 606

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2482

JOURNAL OF THE SENATE

TRANSPORTATION (Continued)

Highways; speed limits; increase maximum on interstates, urban areas.

SB 688

Highways; traffic devices, railroad signals; criminal interference.

HB 1643

Highways; traffic signs, railroad signals; interference; offenses of homicide

and serious injury; speed detection devices. ............................. HB 1256

Highways; vehicles hauling solid waste; excess weight; tandem axle. ......... SB 591

Legislative Oversight Committee; review issues, plans, ISTEA funds. ........ SB 572

MARTA Authority; Board of Directors; expiring terms; appointments. ........ SB 556

MARTA; board of directors; chairman, members; compensation. ............. SB 310

MARTA; board of directors; members representing the State; designee. ...... SB 370

MARTA Overview Committee; composition; Senate designations. ............. SR 40

MARTA; reserve funds; use of interest income earned; effective date. ....... HB 1300

MARTA Vehicles; medical insurance coverage for riding passengers. ......... SB 686

Mass Transit Service to Counties, Municipalities; contracts. ................ HB 1179

Motor Common Carriers; PSC certificated carriers; regulation of. ............ HB 609

Rail Passenger Authority Law; redefine term; "projects"; approval. ........... SB 573

Rail Passenger Authority; projects; regional or state-wide plans. ............. SB 322

Railroads; abandoned rights of way; acquisition for public purposes. ......... SB 571

Road Construction, Maintenance; include bicycle paths, rapid transit and

passenger rail service. .................................................. SB 3

Roads, Highway Maintenance; urge programs for use of inmate labor. ........ SR 90

Rural Transportation and Economic Development Council; creation. ......... SB 591

State Highway System; urge designate Johnson Ferry Road as part of. ....... SR 412

Vehicles; excess maximum length; single-trip emergency permits. ............ HB 717

Vehicles; excess weights, loads; solid waste haulers; state Council to study

rural transportation needs. ............................................. SB 591

TRANSPORTATION BOARD, STATE Brad Hubbert elected member ....................................... Max Goldin elected member .......................

. Page 72 Page 71

TRESPASS, CRIMINAL; when husband or wife compellable to give evidence. SB 234

TREUTLEN COUNTY

Board of Commissioners; compensation .................................... SB 668

Heart of Georgia Regional Development Center; ratify membership.

HR 826

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Benefits Subject Qualified Domestic Relations Orders Defined. .............. SB 719 Creditable Service; veterans; military service credit. ........................ HB 590

TRIALS, PRETRIAL PROCEEDINGS Attendance of a Party or Attorney at General Assembly; continuances. ...... HB 1626 Capital Felonies; death penalty cases; sentencing, deadlocked juries. ......... SB 329 Capital Felonies; death penalty cases; sentencing, deadlocked jury verdict; expenses, reimbursement to counties. ................................... SB 313 Criminal Proceedings; witness testimony; nonresident aliens. .............. HB 1644 Felony Cases; witnesses; disclosure of personal information. ................. SB 272 Juries in Cases Where Government Opposing Party; powers of jurors. ....... SB 311 Plea of Mental Incompetency to Stand Trial; commitment of defendant. ....... SB 94 Plea of Mental Incompetency to Stand Trial in Felony Cases. ............... SB 160 Trial Courts; cases of contempt; granting of supersedeas; appeals. ........... SB 663 Witness Testimony; nonresident aliens; time period to hear charges. ........ HB 1479

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INDEX

2483

TROUP COUNTY Property Conveyance; convey thoroughfare to City of LaGrange. ............. SR 569 Troup Family Connection Authority; creation. ............................ HB 1674 West Point Lake; Maple Creek site; sublease for park development. .......... SB 425

TROUT WATERS; soil erosion buffers; land-disturbing activity. .............. HB 350

TROUTMAN, MATT; Girls Basketball National Coach of Year; commend . SR 633

TRUCKS

Ad Valorem Taxation; heavy-duty equipment vehicle classification. ......... HB 1530

Commercial Motor Vehicles; operator disqualifications. .................... SB 288

Commercial Trucks, Tractors; financing of; delinquency charges. ............. SB 574

Commercial Vehicles; retail sales financing; delinquency charges. ........... HB 1728

Drivers Employed by Agribusiness; urge hours of service exemption. ......... SR 581

Motor Carriers Not Regulated by PSC; political campaign contribution. ...... SB 667

Speed Regulations; prohibit DOT, PSC officers enforce restrictions. ......... HB 1738

Transportation of Freight and Passengers; PSC certificated carriers. ......... HB 609

Truck Chassis Requiring Specialized Treatment by Wreckers; identify. ....... SB 767

Truck Chassis Requiring Specialized Wrecker Towing; ID number.

HB 1290

Vehicles; excess maximum length; single-trip emergency permits. ............ HB 717

Vehicles Hauling Solid Waste; excess weights, loads; tandem axles. .......... SB 591

Vehicles Standing in Street or Highways; flashing light requirements. ....... SB 217

TUCKER HIGH SCHOOL VARSITY BASKETBALL TEAM; commend

SR 658

TURNER COUNTY; Motor Vehicle Registration; 4-month period; referendum ............................................................ HB 1829

TWIGGS COUNTY; Twiggs County Recreation Authority; creation .......... HB 1897

TWO STRIKES AND YOU'RE OFF ACT; public assistance fraud; enact. . . . .. SB 446

TY TY, CITY OF; elected officers; service on local boards, commissions. ...... HB 1795

TYBEE ISLAND, CITY OF

Ad valorem; homestead exemption; referendum.

HB 1675

Salt-water Islands Property Development; zoning advisory boards. ........... SB 612

TYSON, ADAM RAYMOND; University System Scholar; commend ........... SR 689

u

UNDERWOOD, GREG AND RENA; honoring

SR 545

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)

UNIFORM COMMERCIAL CODE; bank deposits, collections, negotiable instruments; comprehensive revisions. ..................... ............. HB 1388

UND7ORM SIMULTANEOUS DEATH ACT; revise O.C.G.A. Title 53. ...... HB 1030

UNION COUNTY

Magistrate Court; chief magistrate; appointment. .......................... SB 723

Magistrate Court; county law library fees.

SB 652

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2484

JOURNAL OF THE SENATE

UNIONS AND LABOR RELATIONS; Public Employees Labor Relations Act. SB 275

UNIVERSITY OF GEORGIA

Magill, Dan; UGA Tennis Coach; commend ................................ SR 408

Sports Commentator Loran Smith; commend.

SR 527

UGA 1995 Men's Tennis Team and Coaches; commend ..................... SR 406

UGA 1995 Women's Track and Field Team and Coaches; commend

SR 405

UNIVERSITY SYSTEM OF GEORGIA (Also See Colleges or Education or Regents

Board)

Appropriations; state funds for education; budget requirement. ............... SR 46

Board of Regents; administer State Museum Authority. .................... HB 1169

Buildings or Dormitories; use of pesticides; notice requirements. ............ HB 1317

Computer Access to Legislative Data from GeorgiaNet via PeachNet. ........ SB 337

Educators Technology Training; committee to study. ........................ SR 554

Educators Technology Training; state commission to develop. ............... SR 555

Employees; Regents Retirement Plan; mutual fund investments.

HB 172

Medical Facilities; teaching equipment, supplies; purchasing powers.......... SB 550

North Georgia College; support military program, officer training. .......... HR 1074

Optional Retirement Plan; employer contribution; change rate. .............. HB 173

Savannah State College School of Business; create Advisory Board to the Center

for Trade and Technology Transfer. ..................................... SB 672

UPSON COUNTY; property conveyance; easement; Georgia A11TELL Telecom. SR 458

U.S. GOVERNMENT (See Federal Government or Congress)

USED CAR BUYER'S PROTECTION ACT.

SB 600

USED CARS, DISMANTLERS, SALVAGE

Commercial Trucks, Tractors; financing; delinquency charge limits. .......... SB 574

Liens on Vehicles or Trailers; exclude certain adjusted rental price.

SB 127

Parts; unique ID number; truck chassis requiring special wreckers.

HB 1290

Truck Chassis; identification of parts; unique ID number; wreckers.

SB 767

Used Car Buyer's Protection Act; disclosure; written warranty. .............. SB 600

Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153

Used Car Sales; impoundment of vehicles displayed at unlicensed facilities;

change advertising requirements.

HB 1272

USS ATLANTA; Ship sunk in WW II; survivors introduced ................. Page 852

UTILITIES (See Public Utilities and Transportation)

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INDEX

2485

VACCINATIONS; children under age 18; statewide registry program. ......... HB 844

VALDOSTA-LOWNDES COUNTY HABITAT FOR HUMANITY; commend SR 560

VALDOSTA STATE UNIVERSITY BASEBALL TEAM; commend

SR 449

VENDING MACHINES; sales tax collection; reporting of sales. ............. HB 1229

VENDORS; Credit Transactions; vendors' single interest insurance; rates. ... . HB 1398

VENEREAL DISEASES (See AIDS or Health)

VETERANS; Survivors of WW II sinking of USS Atlanta; introduced ......... Page 852

VETERANS AFFAIRS (Also See Military Affairs)

Beneficiaries of Veterans Administration; change guardianship laws.......... SB 596

Designate; Brigadier General John R. Hullender Highway near Varnell. . SR 385

Designate; Purple Heart Highway; portion 1-20 within Rockdale County.

SR 123

Designate; Purple Heart Highway; portion of Interstate 20. ................. SR 384

Disabled Veterans; business operators; exempt local occupation tax. ........ HB 1155

Education Grants; surviving children of veterans or National Guard. ........ SB 247

General Assembly Veterans Affairs Overview Committee; creation. .......... SB 747

Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ....... SB 347

Handicapped Parking Privileges; veterans awarded Purple Heart. ............ SB 92

License Plates; special; Pearl Harbor veterans; repeal certain fee.

HB 522

License Plates; special; retention of plates by retired reservists. ............. SB 618

License Plates; special; transfer to another vehicle. ......................... SB 280

License Plates; special; WWII veterans who served Eighth Air Force. ........ SB 203

State and County Facilities; display of POW-MIA flag on November 11. ....... SB 25

State War Veterans' Home; privatization of operations; conditions. ...

SB 480

Veterans Day; urge designation as a public school holiday. .................. SR 232

Veterans' Home Administrators; powers; revise certain term. ................ HB 460

Veterans Parkway; designate certain portion Interstate 85 North.

SR 85

Veterans Returning Public Employment; retirement credit. ................. HB 590

Women Marines Association Dogwood Chapter; commend ................... SR 627

World War I Veterans Monument; study to consider possibility of erecting at

Floyd Veterans Memorial Building. ..................................... HR 873

VETERINARIANS; services at equine sales relating to animal health. ....... HB 1311

VETOES BY GOVERNOR 1995 session; see 1995 special session Journal 1996 session; line item, supplemental appropriations ...................... Page 721

VICK, CAPTAIN RALPH E.; expressing regrets at the loss of. ............... SR 522

VICTIMS OF CRIME

Family or Domestic Violence; abolish court, sheriffs fees, costs. ............. HB 1569

Family Violence; access to law enforcement investigation reports.

SB 397

Persons Disabled by Injuries; technology related assistance.

SB 510

Presence at Judicial Proceedings; order of testimony of witnesses.

SB 110

VIDEO RECORDINGS, MOVIES, VCRS

Cameras, Sound-recordings; recording of testimony in civil actions.

SB 283

Coverage of Judicial Proceedings; set standards; violations. ................ HB 1122

Evidence; admissible motion pictures, videotapes, audio recordings. ......... HB 1235

Videotapes; law enforcement officer witnesses; admissible evidence.

SB 444

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2486

JOURNAL OF THE SENATE

VILLA RICA, CITY OF; change corporate limits ........................... HB 1895

VITAL RECORDS

Cemetery Caskets or Vessels; identity of persons interred. ................... SB 43

Death; persons authorized to pronounce; coroner or deputy coroner. .......... HB 508

Marriage Licenses; legal surname; surname from previous marriage. ......... HB 695

Pronouncement of Death; when patient dies in nursing home facility. ....... HB 1655

Recording Death; identifying information; use to purge voter lists.

HB 1518

Recording Deaths; stamp deceased person's birth certificate; purge voter

registration lists; health care data reporting. ........................... HB 1420

VOTING, VOTER REGISTRATION

Absentee Voting; elector may choose without giving reason. ................ HB 1723

Election Precincts; additional method to change boundaries. ............... HB 1415

Elections Designed to Bring a Proposed Question to the Voters. ............. SB 744

Elections; polling places; spouses occupying voting booth together. ........... SB 189

National Voter Registration Act, 1993; financial burden to state.

SR 130

Polling Places Outside Precinct Boundaries; counties of 400,000. ............ SB 192

Repeal Certain Provisions Unless Provided Federal Money to Fund. ...

SB 252

Repeal Certain Provisions Unless Provided Federal Monies to Fund. ......... SB 355

Revise Numerous Provisions Relative to. ................................. HB 1518

Voter Registration Lists; purging names of deceased persons. .............. HB 1420

w

WADE, ROBERT HUGH; in memory of .................................... SR 513

WAGES Unclaimed Wages, Payroll Checks Not Presented; disposition. ............... SB 594 Unemployment Compensation; entitlement; early retirement. ............... HB 367

WALKER COUNTY; State Court; solicitor; election; compensation; restrict practice. .............................................................. HB 1706

WALKER, MRS. LILLIAN; honoring ....................................... SR 610

WALTON COUNTY

Board of Commissioners; contracts not requiring approval. ................. HB 1565

County Officers; compensation; annual base salary.

SB 784

Probate Court; jurisdiction in misdemeanor cases. ......................... HB 1511

Sheriff; vacancy in office; repeal provision relating to successor. ............ HB 1746

Superior Court; Alcovy Judicial Circuit; third Judgeship. ................... SB 278

WANZER, TERRY; claims against the state; incarceration due mistaken identification; compensate. ............................................... HR 973

WARE COUNTY Property conveyance; state-owned golf course; approve lease. ................ SR 257 State Court; office of solicitor; elections; referendum. ...................... HB 1863 State Court; solicitor; election of successor; referendum. ................... HB 1714

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INDEX

2487

WAREHOUSEMEN; receipts.............................................. HB 1405

WARWICK, CITY OF; mayor and councilmembers; change salary. ........... HB 1827

WASHINGTON COUNTY Designate; Rosa M. Tarbutton Memorial Library in Sandersville. ............ HR 161 Property Conveyance; electrical line easement; Sandersville Tech. ........... SR 458 Vehicle Registration, Licensing; nonstaggered period. ...................... HB 1201

WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural

Resources)

Dry Cleaning Solvent Wastes; corrective actions at hazardous sites. .......... SB 56

Environmental Violations; trust fund for reparation of damages. ............. SR 504

Hazardous Site Reuse and Redevelopment Act; enact. ..................... HB 1227

Hazardous Waste Management Act; update certain effective dates. ......... HB 1224

Intergovernmental Solid Waste Coordinating Council; creation. .............. HB 148

Junkyards, Salvage Yards; location restriction; screening compliance. ........ SB 302

Landfills; when project not feasible and local sales tax imposed. ............. SB 753

Landfills; when tax proceeds intended for and project not feasible. .......... HB 1399

Metro Atlanta Area; water, sewer infrastructure; committee to study.

SR 620

Motor Fuel Deliveries Directly Into Vehicle Tank; spillage controls. ........... HB 39

Pollution Control; product packaging; nonbiodegradable prohibited. .......... SB 335

Recycling and Solid Waste Reduction; authorize state fund to develop.

SR 428

Recycling, Solid Waste Reduction, Environmental Education Council. ........ HB 148

Recycling; urge host communities develop at 1996 Olympic venues.

SR 426

Sewage, Waste Disposal; development authorities' managed projects.

SB 749

Sewerage, Waste Disposal; discharge into waters; restrict permits. ........... SB 648

Solid Waste Disposal Facility; cities of 1,500; county approve site. ........... SB 502

Solid Waste Disposal Sites; cities of 1,500; location restriction. .............. SB 501

Solid Waste Handling Facilities; landfill siting permits; intergovernment

coordination; revise state management plans. ............................ HB 148

Solid Waste; municipal landfill site suitability; restrict location. ............ HB 1118

Solid Waste; proposed handling facilities; consider impact to area. ........... SB 579

Solid Waste Reduction; recycling industries; economic benefits. .............. SR 432

Vehicles Hauling Solid Waste; excess weights, loads; tandem axles.

SB 591

Wastewater; sludge residue; disposal sites located other counties. ............ SB 267

Wastewater; pollution of lower Chattahoochee; loans to communities. ...

SB 497

Wastewater Sewer Treatment Plants; pollution of Chattahoochee River.

SB 500

Water and Sewer Lines; inspections under building construction code. ...... HB 1221

Water Pollution Controls; authority of Board of Natural Resources. ......... HB 1788

Water Quality; land-disturbing activities; best management practices. ....... HB 350

WATER RESOURCES, PORTS AND WATERCRAFT

Boat Registration; private agents for DNR; fee for services ................. HB 1161

Boat Safety; life preservers; child under age 10 on moving vessels; restricted

operation areas. ...................................................... HB 1160

Boat Safety; moving vessels; equipment requirements for children. .......... SB 590

Boat Safety Study Committee; creation. .................................... SR 86

Boating Regulations; exempt licensed regattas, boat races, events. ........... SB 604

Boats Participating Olympics or Paralympics; equipment exemption.

HB 1228

Boats Used in Olympic or Paralympic Games; equipment exemption. ........ SB 529

Chattahoochee River and Its Tributaries; discharge of pollutants by sewer

treatment plants; monetary penalties; sanctions. ......................... SB 500

Chattahoochee River; effects of pollution south of Atlanta; grants.

SB 497

Chattahoochee River; phosphorus discharge units; variance deadline. ........ SR 345

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

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2488

JOURNAL OF THE SENATE

WATER RESOURCES, PORTS AND WATERCRAFT (Continued)

Fishing Regulations; designated artificial lure streams or lakes. ............ HB 1162

Hydroelectric Dam Facilities in Elbert County; opposing sale of ............. SR 433

Protection of River Corridors; create State Land Trust. .................... HR 1129

Rivers, Streams; restrict location of junkyards and salvage yards. ........... SB 302

Seafood; taking of shrimp by cast net; allowable limit. ..................... HB 1159

Sensitive Rivers, Streams; property acquisition; proceeds to fund............. SR 457

Tidewaters and Navigable Waters; permits for structures; time period. ....... SB 442

Waste-water; sludge residue; disposal sites located other counties. ........... SB 267

Wastewater; transfer one river basin to another; restrict permits. .......... HB 1504

Water Conservation Investment Reducing Ground-water Use; tax credit. HB 1589

Water Pollutants; land-disturbing activities; permits; violations. ............. HB 350

Water Pollution; Board of Natural Resources authority to regulate. ......... HB 1788

Water Pollution Controls; Metro Atlanta area water and sewer

infrastructure; committee to study. ..................................... SR 620

Water Pollution Damages; Chattachoochee River; assistance; funds. ......... SR 386

Water Pollution; dry cleaning solvent wastes; corrective actions.

SB 56

Watersheds, River Basins; sewage, waste disposal; restrict permits. .......... SB 648

Wetlands, Rivers and Streams; create Georgia Land Trust to preserve. ....... SB 674

WATERMELON QUEEN, WENDI YOUNGBLOOD; remarks

Page 827

WATTS, HONORABLE JAMES MOTE, JR.; tribute to

SR 649

WAYNE COUNTY Heart of Georgia Regional Development Center; ratify membership. ......... HR 826 Property Conveyance; authorize sale of surplus state property. .............. SR 457

WBHF RADIO, CARTERSVILLE; commend

SR 521

WEAPONS (See Firearms or Guns or Crimes)

WEBSTER COUNTY
Magistrate Court; service of Probate Court judge; compensation ............ HB 1743 Motor Vehicle Registration; 4-month staggered period. ..................... HB 1363

WELFARE (Also See Social Services or Human Resources or Public Assistance)

WELFARE REFORM BILLS AFDC Recipients; eligibility; support from persons living in house. .......... SB 768 Child Welfare Services; foster care, adoption; committee to study. ........... SR 590 Community Action Agencies; contract awarded funds; mismanagement. ...... SB 716 Georgia Council for Welfare Administration; creation. ..................... HB 1328 Medicaid; medical providers convicted of fraud permanently barred. ......... SB 687 Medicaid Program; Select Oversight Legislative Committee created. ......... SR 535 Teenage Pregnancy Prevention; create joint committee to study. ............. SR 515 Welfare Dependent Mothers to Independent Entrepreneurs Act. ............. SB 548

WELSH, AMY WELSH; University System Scholar; commend ................ SR 690

WEST POINT LAKE Designate; Wade R. Milam, Jr., Bridge; Troup County. ..................... HR 304
Maple Creek Site; park facilities; sublease for private development. .......... SB 425

WESTERN JUDICIAL CIRCUIT Superior Court; third judgeship; Clarke and Oconee Counties. ............... SB 306

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INDEX

2489

WETHERINGTON, JIM, COLUMBUS POLICE CHIEF; commend

SR 396

WHEELER COUNTY Designate; J. W. "Champ" Harrelson Memorial Bridge. .................... HR 1109 Heart of Georgia Regional Development Center; ratify membership. ......... HR 826 Property Conveyance; proposed prison; allow sale to private entity. .......... SR 457

WHEELER, TAMELA; University System Scholar; commend ................ SR 691

WHITE COUNTY Advisory Referendum on Land Use, Farm Winery Sales, Animal Control. . . HB 1181 Magistrate Court; county law library fees. ................................. SB 650 Property Conveyance; authorize sale of surplus state property. .............. SR 457 Property Conveyance; telecommunications easement; Unicoi State Park. . .. .. SR 458

WHITE, DON; condolences on the passing. ................................. SR 489

WHITFIELD COUNTY

Ad Valorem; school taxes; homestead exemption; certain age, income ....... HB 1835

Ad Valorem Taxation; increase homestead exemption; referendum. ......... HB 1880

Designate; General William A. Holland Parkway. .......................... HR 901

Juvenile Cases; judge of superior court or of juvenile court. ................. SB 738

Phoenix High School Open Campus Program; commend.

SR 462

Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221

WHITTENBURGER, NANCY; East Coweta HS Choral Director; commend SR 510

WILCOX COUNTY Heart of Georgia Regional Development Center; ratify membership. ......... HR 826
Motor Vehicle Registration, Licensing; 4-month nonstaggered period ........ HB 1517

WILKES COUNTY; Board of Education; nonpartisan elections; referendum. HB 1852

WILKINSON COUNTY Board of Elections and Registration; create ............................... HB 1781 City of Ivey; municipal court jurisdiction; state misdemeanor cases. ......... HB 1373

WILLIAMS, MRS. JENNIE V.; honoring ................................... SR 486

WILLIAMS, SISTER EDNA; commend .................................... SR 713

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Disabled Persons; creation of community trust accounts; donations.

SB 510

Disabled Persons; donor contributions; Family and Charitable Trust. ........ SB 559

Federal Estate Taxes; urge Congress increase exemption amount. ........... HR 290

Guardian and Ward, Heirs and Beneficiaries, Administrators and Trustees;

comprehensively revise O.C.G.A. Titles 29 and 53. ...................... HB 1030

Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ....... SB 347

Guardianship Laws; beneficiaries of U.S. Dept. of Veterans Affairs. .......... SB 596

Intestate Deceased Persons; financial deposits; proceeds payments.

SB 721

Intestate Insolvent Estate; property exempt levy, sale; limitations. ........... SB 625

Power of Attorney Documents; agency relationships; execution; filing.

SB 144

Statutory Form, Financial Power of Attorney, naming person as agent

SB 145

Trusts; individual medical care savings account programs. .................. SB 555

Uniform Simultaneous Death Act; revise provisions. ....................... HB 1030

Wills; self-proved codicils; officer authorized take affidavit.

HB 1234

WINDER, CITY OF; lease of fire tower site; Fort Yargo State Park. .......... HR 234

WINES AND WINERIES (Also See Alcoholic Beverages); Retail Sales; prohibit sale of wine below cost. ................................................. HB 1625

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2490

JOURNAL OF THE SENATE

WIRETAP; Law Enforcement Investigation; decoding; electronic trace device. . . HB 341

WOMAN'S RIGHT TO KNOW ACT; enact.

HB 1834

WOMEN MARINES ASSOCIATION DOGWOOD CHAPTER; commend

SR 627

WOMEN'S ACCESS TO HEALTH CARE ACT; enact.

SB 592

WOMEN'S ISSUES

Abortion; Woman's Right to Know Act; informed consent.

SB 327

Abortions and Breast Cancer; associated medical risks; consent forms. ....... SB 685

Osteoporosis Prevention and Treatment Education Program; provide. ........ HB 433

Public or Private Buildings, Arenas, Stadiums; restroom facilities.

SB 614

Sexual Harassment in the Work Environment; prohibitions.

SB 268

Woman's Right to Know Act; abortion and sterilization procedures.

HB 1834

Women's Access to Health Care Act; enact. ................................ SB 592

WOODBINE, CITY OF; new charter. ..................................... HB 1376

WOODSTOCK, CITY OP

Corporate Limits; extend; part of 1-575; advisory referendum ............... HB 1750

Mayor; additional powers, duties; repeal term limitations.

HB 1814

WORK FOR WELFARE PROGRAM OR WORKFARE AFDC Recipients; participation required; implement state-wide. PEACH Employment Services Program; demonstration projects.

SB 384 SB 388

WORKERS' COMPENSATION

Benefits; claims; fraud investigations; false advertising; subrogation liens;

corporate exemptions; compensable injury, death cases.

SB 323

Benefits; coordinate benefits paid under Employment Security Law.

HB 1291

Benefits or Payments; false or misleading statement; penalties.

SB 301

Benefits; payments; weekly temporary disability amounts; impairment ratings;

redefine injury; change appointment of guardians. ....................... HB 1291

Claims; appeal hearings; evidence in record; facts; medical opinions.

SB 704

Employer's Liability for Medical Charges; compensable claims.

SB 323

Insurance; policyholders; premium adjustments; claims rating plan.

HB 1494

Insurers; changing rates or underwriting rules; filings required. ............. SB 660

Insurers; rate filings; disclosure of reserves, losses, costs. .................. HB 1175

Insurers; rate filings; loss reserve limitations. ............................. HB 1404

Self-Insurance Funds; new members; experience modifier; loss reserves;

expenses; fidelity bonds; certificates. .................................... HB 106

State Board; training seminars for employers; penalty assessments. ........ HB 1291

Subsequent Injury Trust Fund; assessment of attorneys fees.

HB 1291

Subsequent Injury Trust Fund; assessments; redirect deposits.

SB 323

Subsequent Injury Trust Fund; joint committee to study ADA impact. ....... SR 247

Treatment of Injuries; billing errors by medical services providers. ........... SB 441

WORLD CONGRESS CENTER Centennial Olympic Park; convey donated land; Genuine Parts Company. . SR 525 Powers; ordinances relating to property access, facility usage. .............. HB 1475 Powers; permitting access to and use of facilities. .......................... SB 632

WORLD WAR I VETERANS MONUMENT; study to consider possibility of erecting. ............................................................... HR 873

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INDEX

2491

WRECKERS (See Towing, Wrecker Services) WRIGHT, TROOPER CHRIS C.; commend heroic efforts ................... SR 491

X-RAYS, RADIOLOGICAL TECHNOLOGY; physicians; delegating authority. SB 743

YARBROUGH, DANI MELISSA; University System Scholar; commend ....... SR 692

YEARGIN, CHARLES W.; Urge Name Academic Building to Honor; Athens

Tech, Elbert County. ...........................................

SR 270

YEARTY, MARILYN AND FLETCHER; Temple Citizens of Year Award. . . . . . SR 584

YOUNG DRIVERS STUDY COMMITTEE; creation.

SR 580

YOUNGBLOOD, SISTER LOUISE; commend

SR 710

YOUNGBLOOD, WENDI, 1996 GEORGIA WATERMELON QUEEN Commend .............................................................. SR 585

YOUTH DEVELOPMENT CENTERS
Thomasville YDC; designate as Thomas Jefferson Loftiss II Regional Youth Detention Center ...................................................... HR 792

ZACHERY, NIKKI L.; University System Scholar, commend.................. SR 693

ZEPBOR, AHMAD; commend .............................................. SR 416

ZONING (Also See Property and Local Government)

Actions Impacting Neighboring Counties; multijurisdictional review.

SB 270

Annexation; municipal corporate limits; General Assembly local Acts.

SB 695

Annexation of Property Into a Municipality; additional requirements.

HB 1231

Coastal Counties; salt-water islands property development; zoning.

SB 612

County Boundary Lines; transfer of property; alternative procedure.

SB 762

Decisions of Local Governments Relative to Landfill Sites.

HB 1118

Hearings on Proposed Decisions; presentations; minimum time period.

HB 1203

Landfills; site restrictions; cities of 1,500 or less. ........................... HB 148

Local Government; property rezoning; reconsidering defeated actions.

SB 215

Municipalities; annexation by local Act; establish effective date.

HB 1192

Planning Commissions; growth management; review of land use plan.

SB 566

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