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 1218 JOURNAL OF THE SENATE 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. 1220 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. 1224 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. 1226 JOURNAL OF THE SENATE (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. 1228 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 12, 1996 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 1230 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 12, 1996 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 1232 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 12, 1996 1233 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 1234 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 12, 1996 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 1236 JOURNAL OF THE SENATE 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." TUESDAY, MARCH 12, 1996 1237 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. 1238 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 12, 1996 1239 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 1240 JOURNAL OF THE SENATE (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. 1242 JOURNAL OF THE SENATE 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 1244 JOURNAL OF THE SENATE 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." 1246 JOURNAL OF THE SENATE 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. 1248 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Black 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. 1250 JOURNAL OF THE SENATE 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 1252 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 12, 1996 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 1254 JOURNAL OF THE SENATE 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 1256 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 12, 1996 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 1258 JOURNAL OF THE SENATE 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. 1260 JOURNAL OF THE SENATE 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. 1262 JOURNAL OF THE SENATE 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); 1264 JOURNAL OF THE SENATE (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." 1266 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. 1268 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 1276 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 1280 JOURNAL OF THE SENATE 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 1281 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. 1282 JOURNAL OF THE SENATE 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. 1284 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. 1286 JOURNAL OF THE SENATE 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. 1288 JOURNAL OF THE SENATE 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 1290 JOURNAL OF THE SENATE 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. 1292 JOURNAL OF THE SENATE (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. 1294 JOURNAL OF THE SENATE 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." 1296 JOURNAL OF THE SENATE 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. 1298 JOURNAL OF THE SENATE (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 ciiiLi j.ilvulVijLi.J O1XQ OF IllOrG lilDl~6u lillfeS OI C0i7il. I/ G1 pU.lTp0S^S 01 1ckDti1ill, ~~ti16 11U.11TD6in 01 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 1300 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. 1302 JOURNAL OF THE SENATE (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 iic inciiiL, jcl -from-the .ai/ai JT i<3I11O JJJAJJCI 111IC11L OtClLi'Jtlj ^ (5t iiC , IllCillUcl -from-the pci dtiV ALCI1SHJ11 kJCi VH-C, fr-wu ., iiiciiiucl n-th ^_, r-ii 1 )A 'ccdiiicii a AbfeuCiatlOll, /i-i\ V'J vei _ u si lie ty iiicill,uci ol Oeoi'g from ra~, 4l UlC Ci-1/ol1l1cgc /> * ul x^ UH6 111Gill Ln^l It'OilT "trlS"'trSOT^ffl. CJfOpp 1 111J3FOV6 (9) One member from the Georgia Farm Bureau Federation: IlliluS 01 lfe xj&pAi iIi.6ITr O \C/ i il& COllTiilittcc Sfl3.ll S6FV6 111 clii ~2CtVlSOry C3.p&Clty tO tllti UOIU1111SS1011311 111 prOllllil^clL 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. \A) \jn its lieflciQusrtors iflrni^ \Jj/ v/fl 3." ~ItnU" Gl"iktttZ6u IS ct Di ctiiCli 01 SLLCll llGcLui^Lictl t61TS l& LI lei uGU.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 ucCfeilili&T C6iiSI_iS Or it/ I U Of 3,Hy IIltUT^ SUCll CciAS U.S, Xftc ilGtiCc 01 Clitiii^cS Ail ^)i'tiCiiiCt/S sii3.ll D& &ccomjntisri6Ci Dy Sciidiu^ feU-Cii iiotiCcS Dy nfst d&ss uittii to trie BI^CIOTS &.iicct&ci til^rcDykt Llici ciClCll ciSfctiS 01 SU.C11 cl6CtGi7 SSiiGWH Oil tile (31GCtGl SliSt, 3.11(1 SUCil HOtiCfiS Sliclll u^ iii lifcU OI fl.ll OUlQl1 nOtiCcS I Gt^tln'cd \jy Lliib SUDScCbiOil. (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 OI J Uu.^ci OI SL & Lit tci COU11; j U.Q& OI ck. Sllp^riGi1 COU.i7t, eJ U.u.^3 01 tilG vJGU.lt ut /VJJPC3.IS, 01 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 OI 3 St/eit'ti COiii'L) JUQgti 01 Si SVtpci'iOI" COlil't, Jllu^fci Oi 11 ic OOU.iT> 01 AfJj_>t; the poll officers are satisfied that he or she stfli suffers from the same disability; 01 unless he acquired such a physical CilSclljiliL^yfllLtii1 tflG X1IH6 01 I'tb^i&iji'&tiGil lilu Lliti ^jGll OlliCtilfc fll'ti ScttlSllcu LliciL llfi Still 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 OctLlife Oi LttiClcil'clLiGllS t>O til 6 SU.JpGriHtGilQGil.t 01 tlTG CuHilly itilu LH& QU.)iICtt6S CO tilt; DO&iu 01 1*6^1811*3.1*S. li SUCfl pliySiCflil uiSlOiliiy liVlS flCQUH'ciia LlLd tllC tllUfc OI 1cgifeLl cltiOii ctliQ II it clppGEH'S tO DS ptil'ill3.116lit, LOG 1'c^iStl'cll'S Sll3.ll t'^COi'u tilti il&3u 101" VOtlll^ itiSiSLcHiCS OH SLluSct^LlciiL clcCCOrS llSLS IOF 3.S lOll^ &S tll& u.iS3t)lllty S113.11 COiYti.ilU6. J.H.6 O3.LI1S OF Q6C13.~ 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: 1512 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 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 DOmiClcll'itiS l*6C[UJ.iTcu tO CGillGi'iYi WTtfl SUDSGCtlOIl \Si) OI tlllS tJOCIG SSCtlOll pllDllSll 3. IlOtlCG 01 SU.C1V Cflcti'l^^S OHCG St WGGK IGi* l/VVu WccltS 111 Cil^ COUilty Ol*^lil cliiCl pOSC 3. COIlSjJICUOUS iiO LiCti Or SUCll CllcHl^JGS 1H 3T l6tSt ilVe pllijliC it>i6. in 3,ny rk.cfl.ini^ 01* nivsstj.^fl.T/ioii f'~til"iS SltijicCtiOilj Ulc- v/OilltlliSSiOilSr Sillli D6 flUtllOriZcu tO iilV6Stl~ 31/6 TiflG ISSUSr Or Wllcrcricl tilt; iilSUlcl" ilflS cH^fl^6u ill fl pfl-Llcril OF pFfl.CtiC6 01 iiYlplOpCT pohcy nonrenewal or caiicelldtiuii procedures aiidvin In the event of~a"detcriiiination tiiflt trie insursr liss en^ci^ctt in & ps.ttci7ii or practice 01 iinpixijiw policy iiGiiiicH6"Wfl,i or cflncdifltion pi*occu.ur6Sj to oruei1 sucii remedies flnQ pen&ibies fl.s Tie ueeins &ppi opi ifltc 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." 1542 JOURNAL OF THE SENATE 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;. \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 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 1561 (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 1562 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 14, 1996 1563 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." 1564 JOURNAL OF THE SENATE 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." THURSDAY, MARCH 14, 1996 1565 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 1566 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 14, 1996 1567 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 1568 JOURNAL OF THE SENATE 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; THURSDAY, MARCH 14, 1996 1569 (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; 1570 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1571 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.'", 1572 JOURNAL OF THE SENATE 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: THURSDAY, MARCH 14, 1996 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 1574 JOURNAL OF THE SENATE 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 1576 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. 1578 JOURNAL OF THE SENATE 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 1580 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: 1582 JOURNAL OF THE SENATE "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. 1584 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 14, 1996 1585 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: 1586 JOURNAL OF THE SENATE "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 THURSDAY, MARCH 14, 1996 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. 1588 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 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 THURSDAY, MARCH 14, 1996 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; 1590 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 14, 1996 1591 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. 1592 JOURNAL OF THE SENATE (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; THURSDAY, MARCH 14, 1996 1593 (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. 1594 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1595 (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). 1596 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1597 (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). 1598 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1599 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 1600 JOURNAL OF THE SENATE 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: THURSDAY, MARCH 14, 1996 1601 (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. 1602 JOURNAL OF THE SENATE 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: THURSDAY, MARCH 14, 1996 1603 "(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; 1604 JOURNAL OF THE SENATE (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: THURSDAY, MARCH 14, 1996 1605 "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. 1606 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1607 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. 1608 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. 1612 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. 1620 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) 1622 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 1626 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^i011tc 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 pli 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: 1654 JOURNAL OF THE SENATE "(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: THURSDAY, MARCH 14, 1996 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 1656 JOURNAL OF THE SENATE 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. 1658 JOURNAL OF THE SENATE 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. 1660 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. 1662 JOURNAL OF THE SENATE (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. 1664 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 1666 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. THURSDAY, MARCH 14, 1996 1667 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 1668 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. THURSDAY, MARCH 14, 1996 1669 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. 1670 JOURNAL OF THE SENATE 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 1671 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. 1672 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. 1674 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. 1676 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 1677 (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 1678 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 THURSDAY, MARCH 14, 1996 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; 1680 JOURNAL OF THE SENATE (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. THURSDAY, MARCH 14, 1996 1681 \V/ Jr 1*11116 HicciiiS 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; THURSDAY, MARCH 14, 1996 1687 (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. 1688 JOURNAL OF THE SENATE 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 1690 JOURNAL OF THE SENATE 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 1692 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 14, 1996 1693 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 1694 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed 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. FRIDAY, MARCH 15, 1996 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. 1696 JOURNAL OF THE SENATE 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 1698 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 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. 1700 JOURNAL OF THE SENATE *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- 1702 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 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 1704 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 1705 (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." 1706 JOURNAL OF THE SENATE 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: FRIDAY, MARCH 15, 1996 1707 (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 1708 JOURNAL OF THE SENATE 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". FRIDAY, MARCH 15, 1996 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.) 1710 JOURNAL OF THE SENATE 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 1711 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 1712 JOURNAL OF THE SENATE 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. 1714 JOURNAL OF THE SENATE 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 1716 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 1718 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 15, 1996 1719 The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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. 1720 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 15, 1996 1721 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. 1722 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 1723 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 1724 JOURNAL OF THE SENATE 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 1725 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 1726 JOURNAL OF THE SENATE (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. FRIDAY, MARCH 15, 1996 1727 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. 1728 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 15, 1996 1729 (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 1730 JOURNAL OF THE SENATE (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 1732 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. 1734 JOURNAL OF THE SENATE (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". 1736 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. 1738 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 1740 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 1742 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 1744 JOURNAL OF THE SENATE 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: 1746 JOURNAL OF THE SENATE "(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." 1748 JOURNAL OF THE SENATE 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." 1750 JOURNAL OF THE SENATE 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. 1752 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) 1754 JOURNAL OF THE SENATE 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; FRIDAY, MARCH 15, 1996 1755 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 1756 JOURNAL OF THE SENATE 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. 1758 JOURNAL OF THE SENATE 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. 1760 JOURNAL OF THE SENATE 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. 1762 JOURNAL OF THE SENATE 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 ulllvjci'S cintl ciii^jlGVccfi. Jit 19 ulSG Liic pUi ^juStt Ot tliiS mi LiClt; LO bllilCl a Ctli"Gol" Sc!~~ViCc ill govei imieiit which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportuni- LlGS tor pl"OIUOtiOilS IH tllfe Sci*ViCG, WliiCii Will tiliiiiiilfltii U.HH&C6SSiriy 3.11X1 iilctflClGllt 6IH- 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: \i) JLi^Ual Op^jui LtiiiiLj' i\ji till icgfiiulosa ul i aCc, COlGi , ScX, cigc, iitltiGuttl G!igiii, ulij'SiCctl illiSiiL'iliLy , ui1 uGlitiCdl *JL idigivuo GpuliGiiS Gi alliliciLiuii&. JNu p^i'bun alifill Lrc uiSCi iiiiiiidtcQ ct^aniSt 111 ctn^y CdSc OcuiiiLiSc Or cin^ priyiiwtil QiSduiiiLy nl cAciiiiiiij) iij(^U.l.i O^jjjOi1 tUility tiji' COillp^tciilt 6UlJjiOy6t3S tO D6 pi ulUGt&u. Wltil tll.6 S^l1^!^!!^, v*ly iv63.SOildulc jOD SGCUi'i/ty TOl*" til 6 Cuill^jfit^Ilt 6111plOy6^ IilCl LlCliiig tlic t'lgiit 01 Appeal n*oiii 3.dv6rst: p6rsoiin6i fl.ctionsi (&/ oysteniflfcic Ci3.ssiricati0ii ot HI! positions trii'uUL^li ^.uci^u^t&job 6Vilu.3.tion, ^.iid \\j) i roptl uciiciiiCG 111 SlUplOyci' ciU^jlOyGG ItilALlOllS tO 3.ClliciVG 3. W^6lrT!ir3.iilfcu, pi'Oi-lU.C~ tiv6j 3.nci fi3jipy woritiii^ loi'cs. 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; 1766 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" 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. 1828 JOURNAL OF THE SENATE (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 1830 JOURNAL OF THE SENATE 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 1832 JOURNAL OF THE SENATE 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 1834 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 1836 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 1840 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." 1844 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) 1846 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." 1848 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. 1850 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 1852 JOURNAL OF THE SENATE 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 1854 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. 1856 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. 1858 JOURNAL OF THE SENATE (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. FRIDAY, MARCH 15, 1996 1859 (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." 1860 JOURNAL OF THE SENATE 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: FRIDAY, MARCH 15, 1996 1861 "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 1862 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 1863 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, 1864 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 15, 1996 1865 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 1866 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 15, 1996 1867 (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 1868 JOURNAL OF THE SENATE 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. 1872 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 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 1882 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. \jj/ JLT16 prOVlSiOHS Ol tlliS SLLDStiCtiOii Jbliclll ilOL &pply CO t>116 Q.riV6r 01 & CflF pOOl C&lTyiilg ciiilui~6ii tour ysiir&xn a.& or younger to 3 cnurcn orpuDliC or private scliool, tuilsss s&iu church or public 01 piivale fechoul is> licensed as a day care center by the Georgia Be- b&L Liucilt 01 llllill&il lvtiSOUi"Cc5 aild Uillc55 &UC11 Cllildl'cil ll~c Ocuig LiaiibpOi'Lcu LO Said CliuiCli Oi puUliC ui ^iiivciLt; otliOOl ui conducted at least one public hearing l1G^H*ulilL SUCH QcCFGSSG, iluLiOti OI WlliCIl flGSnil^ LHS 10C3.1 Ulllt Sxltii CclU.SC CO DG pUO~ IlSilGCl lH tll6 163.1 Of3.H 01 til6 COliflty WfllCll IS tile iti^cll SiCllS 01 SUCll 1OC3.1 LliliL Gil Liillt; 3t ItiSSt SGVGil uflyS jlliOi tO tilti u.&tG SUCII Il63.rill^ iS tO D6 llSlCl. 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 COiiuUCtcu a\i legist One ptiuliC liccuiiig i egm'uiugl au.Cil ueuicciDt;, iiutiCc 01 wlndi neaiiilgf Ll~it5 lOCeki UiliL Srkclll CdXl&c \AJ uc jjlluiiiiricLl 111 Cllc Icgcll Oi'gdil 01 Lilc CuuiiL/^ wliiuli iS Lrkc Ic^dl SiLLiib 01 SuCli iOCcil uiiiL Oiic Lniiic at Icct&L QCVCII ila^y^ pi'iOi' l\j Clic Cldtc &UC11 lic&i'iil^ iS 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. 1888 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: 1890 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: 1914 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 1918 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 MONDAY, MARCH 18, 1996 1919 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. 1920 JOURNAL OF THE SENATE (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. MONDAY, MARCH 18, 1996 1921 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; 1922 JOURNAL OF THE SENATE (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 MONDAY, MARCH 18, 1996 1923 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 1924 JOURNAL OF THE SENATE 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. MONDAY, MARCH 18, 1996 1925 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. 1926 JOURNAL OF THE SENATE 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. MONDAY, MARCH 18, 1996 1927 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: 1928 JOURNAL OF THE SENATE "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 MONDAY, MARCH 18, 1996 1929 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 snail iJC VCIU^J OIKill lllcabl IIL pen iuve LU uie ny U1111L.1 11 ^JCl^UCiiueu jy-ti L.UI C \f\j.i 1 1(^ U.1 LU11 cijjjji ij Vtid lui gidUtis three:, live, cigiiL, and 11 1 ic bLtiLc HbosLI d \j\11 ou- ant to :u ioii 20-2- 140. Tl^e ^ U.1 1 1U 1^luiu uaocu cISSeSSilie shall pi Clll^I *rci rftm LjilScd aiocoomcii to all^il illOliluc fjl CV4 ? QU* C 0rp \J\JLL 1 iv- ul Ulll appiu\e y j": 1C oULc bvcli d tul tlKK gi aJc.. jjuiauaiit lu Cudc uci-tii ' ' ""^v<,VCI, levels TSlraH- Ua iclicCtii. ^ ubjeCl ai'da a^UcsigiieiLc i.i liliiluiial LU mjjctc li^y Lu lliglici IcVcl adiic * 0ractUtic te item bank shall b xient t acliic^ t!l11C11 at the i/ldb&i iJVllLy iulluOl , and 8_ybLc ill levels. both 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 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. VU/ rViij uwuc 1 ul a vcimjic wnu ULt; IIUL icgiouci aiiu u UUCllll d. : Vcln^lc ai> \jiv'Vided i 9CUI>11.UY1"In 7 j1 in this s Liuoci^biuii 0110.11 uc w ai veu P*-,iicilUcS tui in 60-'"ul T^ i"1;L 0 are wai -to-be-uppiCa- 6 under tu.Lo Ul Icl . 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. n(f7fV\f "-,J\ r.pLlino vft>.-.uJu_c-_ oJ-_c-I^_TL<-'Ji-u__iTi. onli-Lidj-iilil u---i1n.1-jir aJ-L pn-pi-1li^r JI-A.-LJ tni uJUu-Lu-I-In^-tXj^"TT -wimrViii iijtiViii iViianti^s^V-jL.eri.e-T.ii~i K uni~ Tj. u11 .gVuli^t T1U1.L1X.rUl .Cq Ii- ^mVue:- 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! ~ CuOil Siictll pi GClUuti tli6 GWilc.11 OI Uiy~VGl"liCl^ li'Oili rC^iStftl'lil^ LHu~ rDtaiiUil^'~t 11C6HS6 IOi' SUCil ViiliiClfc pliOf tO IliS 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 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 101 ill iJOuc L>tiCLiOii lU-ji-.i&-L 101 ClfcliUCfUCItCy lit I'c^risti'&tiGil tS Wfli.VftCi.~Gl1 lo u6tcl*~ ilfrL CO 06 SpJiinI^iDlG UllCtei' I'lilcS Oi1 iT^^illHtiOilS iSSUcu Dy tll 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 1994 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 MONDAY, MARCH 18, 1996 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. 1996 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, 2000 JOURNAL OF THE SENATE 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 2002 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: MONDAY, MARCH 18, 1996 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: 2006 JOURNAL OF THE SENATE "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.", 2008 JOURNAL OF THE SENATE 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. 2010 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 2012 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. 2014 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. 2016 JOURNAL OF THE SENATE 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. v*i/ jriyDrid COrn S66Clj 3.S LpJ}116Ct cfi Iltilu COl'H) SW6ftt COH1, Ol' ^}OpCui*ilj iilticlIlS tlic Ili St bLicmife ciiiu iHV01Viil 0116 Gl* HlOlfe nlDrGQ lllicS 01 C01II. I1 Ol1 jjUi'^jijocfc 01 iciDfillll^J,cnG (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 MONDAY, MARCH 18, 1996 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 Hernia -the- .liell W cciii j inrflivlulife ttItiSc Vvlnv^li itjj11" ad by uncLeig^. L partsrwhktrweed; "' ell uhlablitshedra.1 L ily lllgll destructive and difficult lo cualtroKn-this-oLclLc U^' L J W1 U.11J.A. guuu. cUlt oral pi iIL 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. ( 11 ) f\Xi& Sftcu, gcFiliiilfl.tJ.uil) SrtCt Otllfi 1" ibcJf&Cl IciLjcliii^' clilCL ~~tSUU~ tl HIS 111 COllliiiOii Ll&^c SllSIi DC uclliitiCl StS lil Lllc lUiGS IO1' SctiQ IttStiiig ^pUDIiSricQ. Dy tlic ASSOCiHOii OI vJlilCicil Lj(itiCl AnfllyStS ctllQ 111 Llic I1 tiCiSi'cll LjctiCl ACt cliiCl tliti 1U.16S OWpfiflS cliiCl O3.tS. Ally prOViSlOH"OI tlllS EtFtlClft tO tile COliti~&fy HOtWitriSljil.il{llll.^, COW~ pLS ciiiCl GLtS COilSiStnl^ 01 illiJCCu VSi'ict-itiS lii&y 0^ SOiu Dy ieiucliiijsj LllSliJi 3.S lUiX^u. COW~ jjcctfe GiT liliXcu. GltS. TtTlG ^361*C&IltlG OI pUi't; S66u^Sfl3,li rfepr6Scj.it. 3.11 CGT^p63.S OT OfltS Or DO til, iiiiCl 3 6rUliil3.[lOIlr tfeSt Sri3.ll DG b&StiCl U^njil i lliixlOl'lli Sctiii|ili3 OI 3.11 111 tilfi 101/ Or StittCl. vJOWp^3.S^&i1u 03.tS^Sii3.1i DC ItiDtiltu. illiXGCl WTIGH tlicy C0nt3iil 01 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 st0 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.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*lliCiii6 triii'tistri d 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 2198 JOURNAL OF THE SENATE 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 2200 JOURNAL OF THE SENATE 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 ^ust 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 2210 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 2212 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 2214 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. 2216 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." 2218 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 2220 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: 2222 JOURNAL OF THE SENATE "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. 2224 JOURNAL OF THE SENATE (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. 2226 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 2228 JOURNAL OF THE SENATE 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. {.&) X113 pi OViSiuilS 01 t>rilS SUuStiCLiOi'i Sll3.il ilOt ijj^>ly LO tile dl iVci OI 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 MONDAY, MARCH 18, 1996 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 2236 JOURNAL OF THE SENATE 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. MONDAY, MARCH 18, 1996 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. 2238 JOURNAL OF THE SENATE 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 MONDAY, MARCH 18, 1996 2239 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. 2240 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. 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. MONDAY, MARCH 18, 1996 2241 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. 2242 JOURNAL OF THE SENATE 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 MONDAY, MARCH 18, 1996 2243 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 2417 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 2451 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers