Compiler's Note The Journal of the Senate for the regular session of 1997 is bound in two separate volumes. Volume One contains January 13, 1997 through March 20, 1997. Volume Two contains March 21, 1997 through March 28, 1997 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 1997 VOLUME ONE Commenced at Atlanta, Georgia, Monday, January 13, 1997 and adjourned Monday, March 28, 1997 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 1997 PIERRE HOWARD ................ President (Lieutenant Governor) FULTON COUNTY SONNY PERDUE .......................... President Pro Tempore HOUSTON COUNTY FRANK ELDRIDGE, JR. ................... Secretary of the Senate WARE COUNTY MATTHEW HILL ................................ Sergeant at Arms BARTOW COUNTY STAFF OF SECRETARY OF SENATE ALICE ENRIGHT ................................ Deputy Secretary FULTON COUNTY ROBERT EWING............................... Assistant Secretary DEKALB COUNTY DEBBIE SORRELLS ................................. Journal Clerk GWINNETT COUNTY AGNES DOSTER ................................... Enrolling Clerk GWINNETT COUNTY CLARA BASKIN ................................. Bill Status Clerk COBB COUNTY LINDA THOMPSON ............................... Calendar Clerk CLAYTON COUNTY FAYE MOORE ............................ Index/Information Clerk GWINNETT COUNTY FREIDA ELLIS .......................................... Bill Clerk FULTON COUNTY JEFFREY FOLEY ............................ Assistant to Secretary DEKALB COUNTY AMANDA LONG............................. Assistant to Secretary HENRY COUNTY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1997-1998 Senators District Address "Ralph David" Abernathy, III (D) ...... 38 ........ Atlanta Don Balfour (R) ...................... 9 ........ Lilburn Peg Blitch (D) ........................ 7 ........ Homerville Edward E. Boshears (R) ............... 6 ........ Brunswick Rooney L. Bowen (D) ................. 13 ........ Cordele Paul C. Broun (D)..................... 46 ........ Athens Robert Brown (D) ..................... 26 ........ Macon B. Joseph "Joey" Brush, Jr. (R) ........ 24 ........ Appling Joe Burton (R) ........................ 5 ........ Atlanta Casey Cagle (R)....................... 49 ........ Gainesville Don Cheeks (D) ....................... 23 ........ Augusta Charles C. (Chuck) Clay (R) ........... 37 ........ Marietta Mike Crotts (R) ....................... 17 ........ Conyers Nathan Dean (D) ...................... 31 ........ Rockmart Michael J. Egan (R) ................... 40 ........ Atlanta Vincent D. Fort (D) ................... 39 ........ Atlanta Hugh M. Gillis, Sr. (D) ................ 20 ........ Soperton Pam Glanton (R) ...................... 34 ........ Riverdale Edwin A. Gochenour (R) .............. 27 ........ Macon Floyd L. Griffin, Jr. (D) ............... 25 ........ Milledgeville A.C. (Bob) Guhl (R) .................. 45 ........ Social Circle Ed Harbison (D) ...................... 15 ........ Columbus Steve Henson (D) ..................... 55 ........ Stone Mountain Jack Hill (D) .......................... 4 ........ Reidsville George Hooks (D)..................... 14 ........ Americus Waymond "Sonny" Huggins (D) ....... 53 ........ LaFayette Donzella J. James (D) ................. 35 ........ College Park Diana Harvey Johnson (D) ............. 2 ........ Savannah Eric Johnson (R) ...................... 1 ........ Savannah Rene' D. Kemp (D) ................... 3 ........ Hinesville Robert Lamutt (R)..................... 21 ........ Marietta Clay Land (R) ........................ 16 ........ Columbus Steve Langford (D) .................... 29 ........ LaGrange Eddie Madden (D) .................... 47 ........ Elberton Richard O. Marable (D) ............... 52 ........ Rome Guy Middleton (D) .................... 50 ........ Dahlonega Mary Margaret Oliver (D) ............. 42 ........ Decatur Sonny Perdue (D) ..................... 18 ........ Bonaire Rick Price (R)......................... 28 ........ Fayetteville Thomas E. Price (R)................... 56 ........ Roswell Harold J. Ragan (D) ................... 11 ........ Cairo David Ralston (R) ..................... 51 ........ Blue Ridge Billy Ray (R) ......................... 48 ........ Lawrenceville Sam P. Roberts (R).................... 30 ........ Douglasville David Scott (D) ....................... 36 ........ Atlanta Terrell Starr (D) ....................... 44 ........ Forest Park Connie Stokes (D)..................... 43 ........ Decatur Van Streat (D) ........................ 19 ........ Nicholls Charlie Tanksley (R) .................. 32 ........ Marietta Mark Taylor (D) ...................... 12 ........ Albany Nadine Thomas (D) ................... 10 ........ Atlanta Don R. Thomas (R) ................... 54 ........ Dalton Steve Thompson (D) .................. 33 ........ Powder Springs Loyce W. Turner (D) .................. 8 ........ Valdosta James W. (Jim) Tysinger (R) .......... 41 ........ Atlanta Charles W. Walker (D) ................ 22 ........ Augusta MONDAY, JANUARY 13, 1997 SENATE JOURNAL Senate Chamber, Atlanta, Georgia Monday, January 13, 1997 First Legislative Day The Senators-Elect of the General Assembly of Georgia for the years 1997-98 met pursuant to law in regular session in the Senate Chamber at 10:00 A.M. this day, and were called to order by Lieutenant Governor Pierre Howard, President of the Senate. The President led the Senators-Elect in the Pledge of Allegiance to the Flag of the United States of America. The President introduced the chaplain of the day, Bishop Bevel Jones of Decatur, Georgia, who offered scripture reading and prayer. Senator James of the 35th introduced Nicholle McKoy, who sang "The Star Spangled Banner". The following communications were received and read by the Secretary: THE GENERAL ASSEMBLY OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol Atlanta, Georgia 30334 June 14, 1996 Honorable Lewis Massey Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Lewis: Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District. He will fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, Isl Sewell R. Brumby Legislative Counsel THE GENERAL ASSEMBLY State Capitol Atlanta TO: Honorable Lewis Massey Secretary of State This is to certify that Honorable William G. "Bill" Hasty, Sr., has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District to fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. 2 JOURNAL OF THE SENATE This 14th day of June, 1996. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives THE GENERAL ASSEMBLY OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol Atlanta, Georgia 30334 June 14, 1996 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on June 13, 1996, at 3:00 P.M. in the Senate Chamber of the state capitol building. At that caucus Honorable William G. "Bill" Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to fill the unexpired term of the late Honorable J. Beverly Langford, which term expires April 15, 1997. Respectfully submitted, /s/ Sallie Newbill Senator, 56th District Chairman Ninth Congressional District Caucus Is/ Jeanette Jamieson Representative, 22nd District Secretary Ninth Congressional District Caucus The Honorable Zell Miller Governor of Georgia 203 State Capitol Atlanta, GA 30334 March 28, 1996 Dear Governor Miller: Please accept this letter as my official resignation as the State Senator of District 19, effective Friday, March 29, 1996 at 9:00 a.m. to accept an appointment to the Board of Pardons and Paroles. Thank you for your many years of friendship. It has been a pleasure serving with you during my tenure as Senator, and I look forward to serving with you in my capacity of Board member. Sincerely, /s/ Walter S. Ray MONDAY, JANUARY 13, 1997 Honorable Walter S. Ray State Senator Post Office Box 295 Douglas, Georgia 31533 March 28, 1996 Dear Senator Ray: This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia Senate, District 19. By copy of this letter, your resignation is hereby accepted, effective upon your taking the oath of office as a member of the State Board of Pardons and Paroles on March 29, 1996. Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future. With kindest personal regards, I remain Sincerely, /s/ Zell Miller The following communication from the Honorable Lewis Massey, Secretary of State, certifying the Senators-elect in the General Election in 1996, was received and read by the Secretary: : OFFICE OF SECRETARY OF STATE IBS . / / /? ./? / the attached eleven (11) pages of type- ta, a0 /te^efa cerftfu mat <7 / ciitiiiiei dl cd ill this su.bocuU. OLlljBCU all nut piuhibil i mo \ji any \JCISUI1 llLjin lcdjj [jlj'lllg lui ia. &u.0cie^uciiL 11U11UUH11111C1 tit11 V-'ldOO j M UUU1U11 JJC11111L. SECTION 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-525, relating to applications and fees for drivers' licenses and instruction permits, and in serting in lieu thereof the following: "(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed: (1) For instruction permits for Classes A, B, C, and M drivers' licenses and for Class D drivers' licenses .................................. $10.00 (2) For Classes C and M drivers' licenses .............................. 15.00 (3) For Classes A and B drivers' licenses .............................. 15.00 FEBRUARY 4, 1997 171 (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit ......... .35.00 (5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses ........................... 10.00 (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test..................................... 65.00 (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test ................................. 15.00 (8) For renewal of Classes A, B, C, and M commercial drivers' licenses .... 15.00 (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorse ment added after initial licensing................................... 5.00 Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Sec tion 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year period for which the license was originally issued." SECTION 6. Said title is further amended by adding a new subsection (c) to Code Section 40-5-26, relat ing to application of minors for drivers' licenses, to read as follows: "(c) The application of any person for a Class D driver's license shall be accompanied by a written statement that the applicant has driven a motor vehicle for a cumulative total of at least 50 hours, including at least ten hours at night, which statement shall be signed and verified by the father, mother, or guardian of the applicant before a person author ized to administer oaths or, in the event there is no parent or guardian, by another re sponsible adult." SECTION 7. Said title is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, and inserting in its place the following: "(a) The department shall examine every applicant for a driver's license. Such examina tion shall include a test of the applicant's eyesight, his or her ability to understand offi cial traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstra tions to be made by applicants for any class of license." 172 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by adding a new Code Section 40-5-57.1 to read as follows: "40-5-57.1. (a) Notwithstanding the provisions of Code Sections 40-5-54, 40-5-57, 40-5-61, 40-5-62, 40-5-63, and 40-5-67.2, the Class D or Class C driver's license of any person under 18 years of age convicted of any moving traffic violation or violation of any provision of sub section (b) of Code Section 40-5-24 or of Code Section 40-6-255, 40-6-391, 40-8-76, or 40-876.1 shall be revoked by the department, and a driver's license revoked under this sub section shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation. Notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b)(l) A person whose Class D driver's license has been revoked under subsection (a) of this Code section shall: (A) Be eligible to apply for and be issued an instruction permit 30 days from the date on which the revoked license was surrendered to and received by the department; and (B) Not be eligible for a new Class D or Class C driver's license except as provided by subsections (a) and (b) of Code Section 40-5-24. (2) A person whose Class C driver's license has been revoked under subsection (a) of this Code section shall: (A) Be eligible to apply for and be issued a Class D driver's license 30 days from the date on which the revoked license was surrendered to and received by the depart ment; and (B) Not be eligible for a new Class C driver's license except as provided by subsection (b) of Code Section 40-5-24. (c) Any person whose driver's license is revoked under subsection (a) of this Code sec tion for violation of Code Section 40-6-391 shall not be issued an instruction permit or driver's license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pay ment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-67.2. (d) Any person whose driver's license is revoked under subsection (c) of this Code sec tion for commission of any offense listed in Code Section 40-5-54 shall not be issued an instruction permit or driver's license without submitting proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Re sources and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63." SECTION 9. Said title is further amended by striking in their entirety subsections (b), (b.l), (c), and (g) of Code Section 40-5-67.1, relating to the administration of chemical tests to determine whether a person is driving under the influence of alcohol or drugs, and inserting in lieu thereof new subsections (b), (b.l), (c), and (g), respectively, to read as follows: "(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: FEBRUARY 4, 1997 173 (1) Implied consent notice for suspects under age tt 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or imlil age 18, whiclievui is lungei. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.04 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year 01 until age 18, which ever is longei. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you sub mit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (2) Implied consent notice for suspects age 48 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (desig nate which tests) under the implied consent law?' (3) Implied consent notice for commercial motor vehicle driver suspects: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentra tion of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the re quired state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. (b.l) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after Apiil 21, 1990 July 1, 1997. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to April 21, 1990 July 1, 1997, in which case those provisions of former Code Sections 40-5-67.1 and 174 JOURNAL OF THE SENATE 40-6-392 governing the content of the notice required to be given by the officer to the person regarding administration of chemical testing and governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply. (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law en forcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in viola tion of Code Section 40-6-391 or that such person had been driving or was in actual phys ical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of tS 21, aljluod an alcohol concentration of 0.04 0.02 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a bluud an alcohol concen tration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year." "(g)(D A person whose driver's license is suspended or who is disqualified from operat ing a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified by mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the per son was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or (B) Whether the person was involved in a motor vehicle accident or collision result ing in serious injury or fatality; and (C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and (D) Whether the person refused the test; or (E) Whether a test or tests was were administered and the results indicated a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of 18 2T, a bloud an alcohol concentration of 0^4 0.02 grams or more or, for a person oper ating or having actual physical control of a commercial motor vehicle, a bloud an alcohol concentration of 0.04 grams or more; and (F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which FEBRUARY 4, 1997 175 shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sci ences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or dis qualification. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The re quest for a hearing shall not stay the suspension of the driver's license; provided, how ever, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoida ble fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction, then the suspension shall be terminated and deleted from the driver's license record. In the event that a plea of nolo contendere is accepted to a charge of violating Code Section 40-6-391, then the suspen sion shall be terminated, provided that the accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a convic tion for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal, accepted plea of nolo contendere, or other disposition other than by a convic tion, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee." SECTION 10. Said title is further amended by adding a new Code Section 40-6-255 to read as follows: "40-6-255. A person under 18 years of age who holds a Class C driver's license shall not drive a motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers who are not members of the driver's immediate family are in the vehicle." SECTION 11. Said title is further amended by striking in its entirety subsection (k) of Code Section 406-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof the following: "(k) A person under the age of i8 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 6r64 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 21 charged with a violation of this Code section." SECTION 12 Said title is further amended by striking in its entirety subsection (c) of Code Section 40-6392, relating to chemical tests for the presence of alcohol and drugs in blood, and inserting in lieu thereof the following: 176 JOURNAL OF THE SENATE "(c)(l) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in ac tual physical control ended an alcohol concentration of 0.04 grams or more in the per son's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in ac tual physical control ended an alcohol concentration of 0^6 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." SECTION 13. This Act shall become effective on July 1, 1997. SECTION 14. This Act shall apply to offenses committed on or after July 1, 1997, and, except for subsec tion (b.l) of Code Section 40-5-67.1 as enacted by this Act, this Act shall not apply to of fenses committed prior to that date. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Oliver. FEBRUARY 4, 1997 177 On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Perdue of the 18th moved that SB 17 be immediately transmitted to the House. On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 17 was immedi ately transmitted. At 12:30 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M. on Thurs day, February 6, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. 178 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 6, 1997 Twelfth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of Tuesday, February 4, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 245. By Representatives Baker of the 70th, Campbell of the 42nd and Reichert of the 126th: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, so as to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father. HB 124. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to comprehensively revise the laws of this state relating to the personnel, administration, and budgeting for district attor neys' offices of this state; to provide for the duties of district attorneys; to change the method of payment of compensation of district attorneys and provisions re lated to compensation. HB 125. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel em ployed within the offices of superior court judges. HB 190. By Representatives Jamieson of the 22nd, Twiggs of the 8th and Tolbert of the 25th: A bill 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 require employment of at least one full-time peace officer as a condition of receiving a speed detection device permit. The following bills were introduced, read the first time and referred to committees: FEBRUARY 6, 1997 179 SB 215. By Senators Perdue of the 18th, Oliver of the 42nd, Starr of the 44th and others: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of "gas company"; to provide for a method of establishing just and reasonable rates for gas companies through an alternative form of regulation; to provide for the allo cation of certain revenues; to enact the "Natural Gas Competition and Deregula tion Act"; to provide a short title; to provide for legislative findings and intent. Referred to Committee on Finance and Public Utilities. SB 216. By Senators Land of the 16th, Ralston of the 51st, Clay of the 37th and Balfour of the 9th: A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abor tion and sterilization procedures. Senator Land of the 16th gave notice that at the proper time, he would move that SB 216 be engrossed. SB 217. By Senators Langford of the 29th and Gochenour of the 27th: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the presumption of abandonment of certain unpaid wages; to provide for the disposi tion of such wages. Referred to Committee on Special Judiciary. SB 218. By Senators Land of the 16th, Walker of the 22nd and Johnson of the 1st: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change certain provisions regarding consumer reporting agencies; to provide that cer tain violations of federal law shall also constitute unfair or deceptive acts or practices; to delete certain definitions; to provide for enforcement; to provide for limitations on damages and actions. Referred to Committee on Finance and Public Utilities. SB 219. By Senators Starr of the 44th, Taylor of the 12th, Thomas of the 10th and others: A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and re sponsibilities thereof. Referred to Committee on Health and Human Services. 180 JOURNAL OF THE SENATE SB 220. By Senators Thompson of the 33rd, Harbison of the 15th, Brown of the 26th and Boshears of the 6th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authoritites Law," so as to require a public hearing prior to the sale or lease of any health care facility owned by a hospital authori ty; to specify certain terms and conditions for the lease of a health care facility owned by a hospital authority. Referred to Committee on Health and Human Services. SB 221. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the mem bers of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provi sions relating to the compensation of the members of the board of commission ers. Referred to Committee on State and Local Governmental Operations. SB 222. By Senator James of the 35th: A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facil ities, so as to redefine the term "child welfare agency" to include certain child care facilities located in shopping centers, malls, and office complexes. Referred to Committee on Health and Human Services. SB 223. By Senator James of the 35th: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to the landlord and tenant, so as to provide that if the tenant notifies the landlord that specific repairs are necessary to keep the premises in repair and the landlord does not make the repairs within a reasonable period of time, the tenant may have the repairs made at the tenant's own expense. Referred to Committee on Judiciary. SB 224. By Senator James of the 35th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for a definition; to provide for medical payments coverage as optional cover age for all private passenger automobile insurance coverage offered in this state. Referred to Committee on Insurance and Labor. SB 225. By Senators James of the 35th and Kemp of the 3rd: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for certain consum er protections on motor vehicle repair transactions; to provide for a short title; to provide for applicability; to provide for definitions; to provide for motor vehicle repair shop registration; to provide for a detailed, written estimate of repairs. Referred to Committee on Consumer Affairs. FEBRUARY 6, 1997 181 SB 226. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Code Section 16-7-26 of the Official Code of Georgia Annotated, relating to vandalism to a place of worship, so as to provide a penalty for such offense when one or more persons are injured. Referred to Committee on Judiciary. SB 227. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd: A bill to amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and chemical and biological weapons, so as to provide for an additional term of imprisonment for violations done with the intent to cause death, bodily injury, or physical damage to a public building which would require expenditure exceeding a specified amount. Referred to Committee on Judiciary. SR 151. By Senator Griffin of the 25th: A resolution creating the Joint Study Committee on Baldwin County State Properties. Referred to Committee on Rules. SR 152. By Senators Marable of the 52nd, Dean of the 31st, Huggins of the 53rd and Gillis of the 20th: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in north west Georgia. Referred to Committee on Natural Resources. SR 159. By Senators Kemp of the 3rd, Johnson of the 2nd, Taylor of the 12th and others: A resolution requesting officers and agencies of the executive branch to provide information with respect to state projects to local legislative delegations. Referred to Committee on State and Local Governmental Operations (General). SR 161. By Senator James of the 35th: A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for sub mission of this amendment for ratification or rejection. Referred to Committee on Ethics. SR 162. By Senators James of the 35th and Brown of the 26th: A resolution creating the Georgia Youth Legislature. Referred to Committee on State and Local Governmental Operations (General). The following bills were read the first time and referred to committees: 182 JOURNAL OF THE SENATE HB 124. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to comprehensively revise the laws of this state relating to the personnel, administration, and budgeting for district attor neys' offices of this state; to provide for the duties of district attorneys; to change the method of payment of compensation of district attorneys and provisions re lating to compensation. Referred to Judiciary Committee. HB 125. By Representatives Walker of the 141st, Skipper of the 137th and Murphy of the 18th: 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel em ployed within the offices of superior court judges. Referred to Judiciary Committee. HB 190. By Representatives Jamieson of the 22nd, Twiggs of the 8th and Tolbert of the 25th: A bill 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 require employment of at least one full-time peace officer as a condition of receiving a speed detection device permit. Referred to Public Safety Committee. HB 245. By Representatives Baker of the 70th, Campbell of the 42nd and Reichert of the 126th: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, so as to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father. Referred to Special Judiciary Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 130. Do pass. Respectfully submitted, Senator Ragan of the llth District, Chairman FEBRUARY 6, 1997 183 Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 95. Do pass by substitute. SB 119. Do pass. SB 131. Do pass by substitute. SB 154. Do pass by substitute. SB 175. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: HB 119. Do pass by substitute. SR 77. Do pass. SB 178. Do pass by substitute. Respectfully submitted, Senator Broun of the 46th District, Chairman Mr. President: The Committee on Ethics 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 246. Do pass. Respectfully submitted, Senator Madden of the 47th 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 Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 130. Do pass by substitute. SR 125. Do pass. SR 130. Do pass. HB 15. Do pass. HR 139. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 80. Do pass. SB 158. Do pass. 184 JOURNAL OF THE SENATE SB 147. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 132. Do pass by substitute. SB 133. Do pass as amended. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 19. Do pass as amended. HB 148. Do pass. HB 149. Do pass. HB 167. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 82. Do pass. SB 173. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Science, Technology and Industry has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 14. Do pass. Respectfully submitted, Senator Tysinger of the 41st District, Chairman Mr. President: The Committee on Science, Technology, and Industry has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 103. Do pass by substitute. Respectfully submitted, Senator Tysinger of the 41st District, Chairman FEBRUARY 6, 1997 185 Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 172. Do pass. SB 81. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 169. Do pass. SB 189. Do pass. HB 194. Do pass. HB 234. Do pass. HB 252. Do pass. HB 279. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 125. Do pass. SB 181. 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 bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 184. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 116. Do pass as amended. SB 118. Do pass. SB 120. Do pass. SB 121. Do pass. SB 122. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman 186 JOURNAL OF THE SENATE The following bills were read the second time: SB 7 SB 148 SB 25 SB 150 SB 41 SB 166 SB 93 SB 101 SB 136 Senator Streat of the 19th moved that Senator Thompson of the 33rd be excused from the Senate. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Thompson was excused. Senator Perdue of the 18th, President Pro Tempore, who was presiding, called for the morning roll call and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not answering were Senators: Johnson of 2nd Perdue (presiding) Tanksley Taylor Thompson (excused) Senator Perdue of the 18th led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Guhl of the 45th introduced the chaplain of the day, Pastor David Roy, of Atlanta, Georgia, who offered scripture reading and prayer. Senator Marable of the 52nd introduced the Georgia Council on Aging Representa tives, commended by SR 87, adopted previously. Senator Middleton of the 50th introduced Mr. Glenn Gooch, retiring Union County Commissioner, commended by SR 60, adopted previously, who addressed the Senate briefly. Senator Tysinger of the 41st introduced the Dunwoody High School Girls Softball Team and their coaches, commended by SR 67, adopted previously. Coach Finke addressed the Senate briefly. Senator Hill of the 4th introduced Deputy William Edward Robinson IV, recipient of the Peace Officers Association of Georgia Award of Valor, commended by SR 126, adopted previously. Senator Hill of 4th introduced Corporal Frank P. Cowell, recipient of the Peace Officers Association of Georgia Award of Valor, commended by SR 128, adopted previously. Senator Guhl of the 45th introduced the Loganville Middle School Band, commended by SR 80, adopted previously and their director, Mr. Conrad Cheney, who addressed the Senate briefly. The following resolutions were read and adopted: FEBRUARY 6, 1997 187 SR 153. By Senator Dean of the 31st: A resolution commending the Paulding County High School Marching Patriots. SR 154. By Senator Dean of the 31st: A resolution recognizing and commending Ray Beck. SR 155. By Senator Dean of the 31st: A resolution commending Terry Ramey. SR 156. By Senator Dean of the 31st: A resolution commending John Ernest LeGrande. SR 157. By Senators Harbison of the 15th, Scott of the 36th, Fort of the 39th and others: A resolution commending Doug Williams. SR 158. By Senators Harbison of the 15th, Scott of the 36th, James of the 35th and others: A resolution recognizing Alpha Kappa Alpha Sorority, Inc. SR 160. By Senator Broun of the 46th: A resolution commending Dr. Charles B. Knapp. The President assumed the Chair. The following local uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 6, 1997 TWELFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 169 Boshears, 6th MONTGOMERY COUNTY Amends an Act creating a board of commissioners of roads and revenues, and creating a new board of commissioners, so as to repeal Section 6 of said Act providing a method of filling a vacancy on the board of commissioners. SB 189 Balfour, 9th Burton, 5th Price, 56th Ray, 48th Tysinger, 41st GWINNETT COUNTY Provides for the qualifications of the chief magistrate and magistrate of the Magistrate Court. 188 JOURNAL OF THE SENATE HB 194 Hill, 4th CITY OF RINCON Provides a new charter for the city. HB 234 Ragan, llth DECATUR COUNTY Repeals an Act creating a Small Claims Court. HB 252 Oliver, 42nd CITY OF CHAMBLEE Provides a homestead exemption from the City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from all ad valorem taxes for city purposes. HB 279 Balfour, 9th Burton, 5th Price, 56th Ray, 48th Tysinger, 41st GWINNETT COUNTY Provides for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker FEBRUARY 6, 1997 189 Those not voting were Senators: Brown of 26th Brush Griffin Harbison Tysinger On the passage of all the local bills, the yeas were 51, nays 0. All the bills on the Local Consent Calendar, having received the requisite constitu tional majority, were passed. The President introduced former Senator Johnny Isakson, the newly appointed Chair man of the State Board of Education, who addressed the Senate briefly. The proper time arrived to entertain a motion to engross SB 216. No motion to engross was offered, and the President referred SB 216 to the Judiciary Committee. NOTICE OF MOTION TO RECONSIDER: SB 137 Ad Valorem Tax-return revision, assessment provisions state wide (Substitute)(Amendments)(F&PU--8th) SENATE RULES CALENDAR Thursday, February 6, 1997 TWELFTH LEGISLATIVE DAY SB 102 Agriculture Department--Commissioner's powers, record inspection, subpoenas (Ag--llth) SB 38 Driver's Licenses--education requirements for minors (AmendmentXJudy-- 6th) SB 44 Medicaid Providers--Department of Human Resources may bar certain ones (H&HS--17th) SB 50 Office of School Readiness -- programs during nonschool hours (Substitute)(Amendments)(Ed--42nd) SB 89 Minors--liability of parent for malicious act resulting in damage (Amendment)( Judy--51st) SB 143 Land Bank Authorities -- consolidated governments may create (F&PU--16th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 102. By Senators Ragan of the llth, Middleton of the 50th and Streat of the 19th: A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and duties of the Commissioner; to provide for the inspection of books, records, memoran da, and other documents; to provide for subpoenas and their enforcement. Senators Ragan of the llth, Streat of the 19th and others offered the following amendment: Amend SB 102 by striking lines 13 through 28 of page 2 and inserting in lieu thereof the following: 190 JOURNAL OF THE SENATE "the state:; and (7) Issue subpoenas to compel the attendance of witnesses and the production of only the books, papers, records, memoranda, or other documents anywhere in this state in any manner affecting any authority or privilege granted by a license, registration, certifica tion, or permit issued by the Commissioner or the department pursuant to any law of this state. If any person fails to obey a subpoena issued and served under this Code section, the subpoena may be enforced in a proceeding in the superior court of the county in which the person was required to appear or produce documents in the same manner as subpoenas in superior courts are enforced in this state.'". 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Fort Gillis Griffin Harbison Hill Hooks Huggins Johnson of 2nd Kemp Marable Middleton Oliver Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Turner Tysinger Walker Those voting in the negative were Senators: Balfour Brush Burton Cagle Clay Crotts Glanton Gochenour Guhl Henson Johnson of 1st Lamutt Land Langford Madden Price of 28th Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Thompson Not voting were Senators James and Perdue. On the adoption of the amendment, the yeas were 31, nays 23, and the Ragan, et al. amendment was adopted. Senators Tanksley of the 32nd and Boshears of the 6th offered the following amendment: Amend SB 102 by inserting in para (7) on page 2, line 15 after the world "department," and before the word "inspect" the words: "upon a finding by a judicial officer authorized to issue warrants that probable cause exists for an inspection," and by deleting para (8) as written and replacing it with a para (8) to read: "Issue subpoenas to compel the attendance of witnesses and the production of books, records, memoranda, or documents anywhere in this state at any lawful hearing or other legal proceeding of the Department." On the adoption of the amendment, Senator Taylor of the 12th 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 Boshears Broun of 46th Brush Burton Cagle Clay Crotts Egan Gillis Glanton FEBRUARY 6, 1997 191 Gochenour Guhl Henson Huggins Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Price of 28th Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Thompson Tysinger Those voting in the negative were Senators: Abernathy Bowen Cheeks Dean Fort Griffin Hill Hooks Kemp Marable Middleton Oliver Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Turner Walker Those not voting were Senators: Brown of 26th Harbison James On the adoption of the amendment, the yeas were 31, nays 22, and the Tanksley, Boshears amendment was adopted. Senator Ragan of the llth moved that the Senate reconsider its action in adopting the Tanksley, Boshears amendment to SB 102. On the motion, the President ordered a roll call and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Bowen Brown of 26th Fort Griffin Henson Hill Hooks James Kemp Langford Middleton Ragan Scott Starr Streat Taylor Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Balfour Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt Land Madden Marable Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Stokes Tanksley Thomas of 54th Tysinger Not voting were Senators Harbison and Johnson of 2nd. On the motion, the yeas were 22, nays 32, and the motion to reconsider the Tanksley, Boshears amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 192 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Fort Gillis Griffin Harbison Hooks Huggins James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Balfour Brush Burton Cagle Clay Crotts Egan Glanton Gochenour Guhl Henson Johnson of 1st Lamutt Land Price of 28th Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Not voting were Senators Hill and Walker. On the passage of the bill, the yeas were 33, nays 21. The bill having received the requisite constitutional majority, was passed as amended. SB 38. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license. The Senate Judiciary Committee offered the following amendment: Amend SB 38 by striking line 9 of page 3 which reads as follows: "minor's parent or guardian, and the minor to report and", and inserting in lieu thereof the following: "minor's parent, guardian or responsible adult as determined by the local board of educa tion or the governing body of the private school, as applicable, and the minor to report and". By striking lines 6 through 28 of page 4 which read as follows: "The board of education may comply with the reporting requirements of this Code section by providing a certified copy of the applicant's academic and attendance records. Noth ing in this Code section shall be construed to require the board of education to compile or create any additional records not otherwise maintained by the board of education. (b) The board of education shall be authorized to charge a fee of up to $20.00 for provid ing certification to the department that an applicant has complied with the requirements of paragraph (3) through (10) of subsection (b) of Code Section 40-5-26. (c) The board of education may comply with the certification requirement of paragraph (2) of subsection (b) of Code Section 40-5-26 by executing the following form to include the name of the applicant, to wit: FEBRUARY 6, 1997 193 '_____________ is enrolled in a public or private school and satisfies relevant attendance and academic requirements.' Said form shall be signed by a designated official of the board of education. The board of education shall have sole discretion to determine compliance with paragraph (2) of sub section (b) of Code Section 40-5-26.", and inserting in lieu thereof the following: "The board of education or governing body of the private school, as applicable, may com ply with the reporting requirements of this Code section by providing a certified copy of the applicant's academic and attendance records. Nothing in this Code section shall be construed to require the board of education or governing body of the private school, as applicable, to compile or create any additional records not otherwise maintained by the board of education or governing body of the private school, as applicable. (b) The board of education or governing body of the private school, as applicable, shall be authorized to charge a fee of up to $20.00 for providing certification to the department that an applicant has complied with the requirements of paragraphs (3) through (10) of subsection (b) of Code Section 40-5-26. (c) The board of education or governing body of the private school, as applicable, may comply with the certification requirement of paragraph (2) of subsection (b) of Code Sec tion 40-5-26 by executing the following form to include the name of the applicant, to wit: '_____________ is enrolled in a public or private school and satisfies relevant attendance and academic requirements.' Said form shall be signed by a designated official of the board of education or governing body of the private school, as applicable. The board of education or governing body of the private school, as applicable, shall have sole discretion to determine compliance with paragraph (2) of subsection (b) of Code Section 40-5-26." 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 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Henson. 194 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 44. By Senators Crotts of the 17th, Madden of the 47th, Balfour of the 9th and others: A bill to amend code Section 49-4-146.1 of the Official Code of Georgia Annotat ed, relating to unlawful acts relative to the Georgia Medical Assistance Act of 1977, so as to provide that the Department of Human Resources may bar a pro vider which is not a natural person from participating in such Act if such provid er or certain agents or employees have been convicted of violating such Act; to provide an exception. Senator Crotts of the 17th offered the following amendment: Amend SB 44 by striking on line 4 of page 1 the worlds "Human Resources" and in serting in lieu thereof the words Medical Assistance". 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: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Bowen Brush Egan Glanton Henson Taylor Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Oliver of the 42nd introduced the doctor of the day, John Gamwell, of Atlanta, Georgia. The Calendar was resumed. SB 50. By Senators Oliver of the 42nd, Hooks of the 14th and Harbison of the 15th: A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to direct the office to operate a FEBRUARY 6, 1997 195 state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs. The Senate Education Committee offered the following substitute to SB 50: A BILL To be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Anno tated, relating to the Office of School Readiness, so as to direct the office to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs; to authorize grants for the purpose of funding local programs; to provide for the goals and evaluation of the state program and local programs; to provide for other re lated matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, is amended by adding at its end a new Code Section 20-1A-7 to read as follows: "20-1A-7. (a) The Office of School Readiness shall operate a state program designed to provide en hanced academic .resources, community service activities, and other enrichment activi ties to middle school age children during nonschool hours. The state program shall operate through the encouragement and coordination of local programs providing such resources. Additionally, to the extent that funds are appropriated or otherwise made available to the Office of School Readiness, the office may make grants for the purpose of funding such local programs. Any such grants shall be made in accordance with the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993.' (b) The goals of the state program shall include, but not necessarily be limited to, in creased participation by middle school age children in local programs which will result in: (1) Improvement in school attendance and academic performance of participating students; (2) Reduction of the number of middle school age children who are unsupervised dur ing nonschool hours; (3) Increased participation by students in community service activities; and (4) Reduction of juvenile crime and substance abuse and teenage pregnancy. (c) The Office of School Readiness shall conduct an annual review of the effectiveness of state and local programs provided for in this Code section. Such review shall include to the maximum extent possible: (1) An impact analysis using data indicating whether the state program and local pro grams have: (A) increased the academic success of participating students; and (B) de creased the incidence of adverse behaviors such as truancy, substance abuse, and juvenile crime among participating students; and (2) Evaluation of the state program and local programs by affected parties, including participating students and their parents, educators, law enforcement and juvenile court officers, and health care providers." 196 JOURNAL OF THE SENATE SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Land of the 16th and Clay of the 37th offered the following amendment: Amend the Committee Substitute to SB 50 by removing the "." on line 26, p.l following "resources" and replacing it with a "," and adding the following after the comma: "and shall only operate in a school district with the consent of the local school board representing that district." Senator Land of the 16th asked unanimous consent that his amendment be withdrawn. The consent was granted. Senators Clay of the 37th, Johnson of the 1st and Marable of the 52nd offered the following amendment: Amend the committee substitute to SB 50 by striking from line 1 on page 1 "Chapter 1" and inserting in lieu thereof the following: "Part 14 of Article 6 of Chapter 2". By striking from lines 2 and 3 of page 1 "the Office of School Readiness" and inserting in lieu thereof the following: "other educational programs". By striking from line 3 on page 1 the word "office" and inserting in lieu thereof the following: "Department of Education". By striking lines 15 through 19 on page 1 and inserting in lieu thereof the following: "Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by adding at its end a new Code section to read as follows: '20-2-312.'" By striking from lines 20, 27, and 28 on page 1 "Office of School Readiness" and inserting in lieu thereof the following: "Department of Education". By striking from line 11 on page 2 "Office of School Readiness" and inserting in lieu thereof the following: "Department of Education". On the adoption of the amendment, the yeas were 50, nays 0, and the Clay, Johnson, et al. amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 46, 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd FEBRUARY 6, 1997 197 Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Those voting in the negative were Senators: Balfour Glanton Gochenour Ray Those not voting were Senators: Abernathy Lamutt Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Perdue On the passage of the bill, the yeas were 49, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. SB 89. By Senators Ralston of the 51st and Land of the 16th: A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to increase the amount for which a par ent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in damage to property or a person. The Senate Judiciary Committee offered the following amendment: Amend SB 89 by striking from line 6 on page 1 after the word "property" the following: "or a person". By striking from line 21 on page 1 after the world "property" the following: "or person". Senator Cagle of the 49th moved that Senator Guhl of the 45th be excused. On the motion, the yeas were 45, nays 1; the motion prevailed, and Senator Guhl was excused. On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver 198 JOURNAL OF THE SENATE Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Broun of 46th Glanton Guhl (excused) Perdue Stokes On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and Harbison of the 15th: A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that consolidated governments may create land bank authorities; to provide for definitions; to pro vide for the method of establishment of such authorities by consolidated govern ments; to provide for transition in the event of consolidation of governments having such an authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Guhl (excused) Perdue Ragan Thomas of 10th On the passage of the bill, the yes were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Walker of the 22nd moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 12:33 P.M., the President announced the Senate adjourned. FEBRUARY 7, 1997 199 Senate Chamber, Atlanta, Georgia Friday, February 7, 1997 Thirteenth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 341. By Representatives Hegstrom of the 66th, Henson of the 65th, Mobley of the 69th and others: A bill to amend an Act creating a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Coun cilman. HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and others: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of govern ment. HB 92. By Representative Parham of the 122nd: A bill to amend Code Section 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, so as to authorize the director and agents to retain their weapons and badges under certain conditions. HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. The following bills were introduced, read the first time and referred to committees: SB 2. By Senators Glanton of the 34th, Thomas of the 10th and Gochenour of the 27th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of cer tain fingerprint records; to provide for certain disclosures; to prohibit the re quirement of fingerprinting and similar identification of applicants for drivers' licenses. Referred to Committee on Transportation. 200 JOURNAL OF THE SENATE SB 228. By Senator Thomas of the 10th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to revise certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy; to provide for the qualifications of board members; to change provi sions relating to license requirements for physical therapists and physical ther apist assistants. Referred to Committee on Consumer Affairs. SB 229. By Senator Langford of the 29th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal certain provisions of Chapter 10 thereof, relat ing to public works contracts of counties, and reenact those provisions to apply to counties, municipalities, and consolidated governments; to provide for emer gencies. Referred to Committee on State and Local Governmental Operations (General). SB 230. By Senator Ralston of the 51st: A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the pre sumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption. Referred to Committee on Judiciary. SB 231. By Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th: A bill to amend Code Section 19-6-34 of the Official Code of Georgia Annotated, relating to inclusion of life insurance in orders of child support, so as to provide that the amount of life insurance premiums may be counted as a part of the support. Referred to Committee on Judiciary. SB 232. By Senator Griffin of the 25th: A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, as amended, so as to change the compensation pro visions relating to the solicitor-general of the State Court of Baldwin County. Referred to Committee on State and Local Governmental Operations. SB 233. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magis trate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam County. Referred to Committee on State and Local Governmental Operations. FEBRUARY 7, 1997 201 SB 234. By Senator Griffin of the 25th: A bill to amend an Act providing for the appointment of the initial chief magis trate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996. Referred to Committee on State and Local Governmental Operations. SB 235. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Jasper County so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate ap pointed in December, 1996; to provide for the nonpartisan nomination and elec tion of the chief magistrate of the Magistrate Court of Jasper County. Referred to Committee on State and Local Governmental Operations. SB 236. By Senators Marable of the 52nd, Dean of the 31st, Starr of the 44th and Madden of the 47th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that persons taking office as State School Superintendent following the general election held in 2002 or thereafter shall not be subject to the qualifications set forth in Code Section 20-2-31; to provide for an effective date; to provide for automatic repeal under certain circumstances. Referred to Committee on Education. SB 237. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th: A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, so as to authorize payment, from an Emergency Tele phone System Fund maintained by a local government, of certain personnel and supply costs and the cost of leasing, purchasing, or maintaining certain equip ment. Referred to Committee on Consumer Affairs. SB 238. By Senators Stokes of the 43rd, Henson of the 55th and Thomas of the 10th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for programs to enroll and reimburse for certain diagnostic radiology services under certain conditions. Referred to Committee on Health and Human Services. 202 JOURNAL OF THE SENATE SB 239. By Senators Oliver of the 42nd, Boshears of the 6th and Brown of the 26th: A bill to amend Code Section 7-4-18 of the Official Code of Georgia Annotated, relating to criminal penalties for excessive interest, so as to exclude title pawn transactions from the exceptions for pawnbrokers; to amend Title 44 of the Offi cial Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers; to change definitions; to provide for different treatment of title pawn transactions. Referred to Committee on Judiciary. SB 240. By Senators Brush of the 24th, Johnson of the 1st and Cagle of the 49th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for denial or limi tation on recovery of damages to certain persons injured while committing felo nies, uninsured motorists, drivers injured while under the influence of alcohol or drugs, and motorists injured while driving with a suspended or revoked driver's license. Referred to Committee on Judiciary. SB 241. By Senators Lamutt of the 21st, Clay of the 37th, Tanksley of the 32nd and others: A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed as motor vehicle drivers, so as to require certain applicants for licenses to submit proof of satisfactory completion of ap proved driver education; to provide for standards for approval of driver educa tion courses. Referred to Committee on Transportation. SR 164. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for the opera tion and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup Counties, Georgia. Referred to Committee on Finance and Public Utilities. SR 165. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of drainage pipelines, electrical distribution lines, and tele communications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Dougherty, Jasper, Macon, and Ware Counties, Georgia. Referred to Committee on Finance and Public Utilities. SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. Referred to Committee on Finance and Public Utilities. FEBRUARY 7, 1997 203 SR 167. By Senator Tysinger of the 41st: A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia. Referred to Committee on Finance and Public Utilities. SR 168. By Senators Tysinger of the 41st, Roberts of the 30th and Bowen of the 13th: A resolution creating the Senate Study Committee on Uninsured Motorists. Referred to Committee on Rules. SR 170. By Senators Marable of the 52nd, Dean of the 31st, Starr of the 44th and Madden of the 47th: A resolution proposing an amendment to the Constitution so as to provide for qualifications of the State School Superintendent; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education. SR 171. By Senator Price of the 56th: A resolution proposing an amendment to the Constitution so as to create the State Government Waste Task Force, to require the task force to make recom mendations to the General Assembly on the elimination of waste in state gov ernment, and to require the General Assembly to vote on recommendations made by. such task force; to provide for submission of this amendment for ratifi cation or rejection. Referred to Committee on State and Local Governmental Operations (General). SR 172. By Senators Brush of the 24th and Johnson of the 1st: A resolution creating the Joint Study Committee on Cost Analysis of Prison and Jail Construction. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. Referred to Appropriations Committee. HB 92. By Representative Parham of the 122nd: A bill to amend Code Section 26-4-51 of the Official Code of Georgia Annotated, relating to the arrest authority of the director and agents of the Georgia Drugs and Narcotics Agency, so as to authorize the director and agents to retain their weapons and badges under certain conditions. Referred to Judiciary Committee. 204 JOURNAL OF THE SENATE HB 341. By Representatives Hegstrom of the 66th, Henson of the 65th, Mobley of the 69th and others: A bill to amend an Act creating a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Coun cilman. Referred to State and Local Governmental Operations Committee. HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and Crews of the 78th: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of govern ment. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 111. Do pass by substitute. SB 196. Do pass. HB 171. Do pass. HB 182. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 218 Do pass by substitute. SR 148. Do pass. HB 83. Do pass. HB 84. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 110. Do pass. SR 144. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman FBBRUAEY 7, 1997 205 Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 134. Do pass by substitute. SB 18. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 110. Do pass by substitute. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 176. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 275. Do pass. HB 313. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 14 SB 103 SB 122 SB 147 SB 178 HB 15 HB 246 SB 19 SB 116 SB 125 SB 154 SB 181 HB 119 HR 139 SB 80 SB 118 SB 130 SB 158 SB 184 HB 130 SB 81 SB 119 SB 131 SB 172 SR 77 HB 148 SB 82 SB 120 SB 132 SB 173 SR 125 HB 149 SB 95 SB 121 SB 133 SB 175 SR 130 HB 167 Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Harbison was excused. The President assumed the Chair. The President called for the morning roll call, and the following Senators answered to their names: 206 JOURNAL OF THE SENATE Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not answering were Senators: Brush Harbison (excused) Kemp Scott Taylor The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Stokes of the 43rd introduced the chaplain of the day, Reverend Cynthia Hale, pastor of Ray of Hope Christian Church, Decatur, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 163. By Senator Langford of the 29th: A resolution commending Mary Ann Roberts. SR 169. By Senators Broun of the 46th, Henson of the 55th and Burton of the 5th: A resolution commending Stone Mountain Park. Senator Egan of the 40th moved that the following bill be withdrawn from the Special Judiciary Committee and committed to the Retirement Committee: SB 210. By Senator Taylor of the 12th: A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Annotated, relating to superior court reporters emeritus, so as to provide for the office of senior court reporter; to provide that an official court reporter of a superior court judicial circuit or of a state court shall be eligible under certain conditions for appointment as a senior court reporter. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 210 was with drawn from the Special Judiciary Committee and committed to the Retirement Committee. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage: FEBRUARY 7, 1997 207 SENATE LOCAL CONSENT CALENDAR Friday, February 7, 1997 THIRTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 275 Hill. 4th EVANS COUNTY Amends an Act providing for the composition of the board of education and for the election of the members of said board, so as to change the compensation of the chairperson and members of the board of education. HB 313 Ragan, llth MILLER COUNTY Creates the Miller County Recreation Authority and provides for the appoint ment of members of the authority. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Madden Middleton Price of 56th Ragan Ralston Ray Starr Stokes Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort Harbison (excused) Kemp Langford Marable Oliver Perdue Price of 28th Roberts Scott Streat Taylor On the passage of the local bills, the yeas were 43, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. Senator Perdue of the 18th assumed the Chair. 208 JOURNAL OF THE SENATE SENATE RULES CALENDAR Friday, February 7, 1997 THIRTEENTH LEGISLATIVE DAY SB 41 Education--course in home economics on parenting (Amendment) (Ed--10th) SB 93 Insurance--health plan purchasing cooperatives (Substitute) (I&L--47th) SB 101 City/County--participate in federal, state programs regarding job training (SLGO--G--44th) SB 136 Assistant County Administrator--probate judge appoint in certain counties (S Judy--44th) SB 150 Silver-Haired Legislature--meetings, funding, personnel (SLGO--G--5th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 41. By Senators Thomas of the 10th, Walker of the 22nd, Brown of the 26th and others: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grades seven or eight. The Senate Committee on Education offered the following amendment: Amend SB 41 by striking lines 32 and 33 on page 3. On the adoption of the amendment, the yeas were 35, nays 1; and the amendment was adopted. Senator Thomas of the 10th offered the following substitute to SB 41: A BILL To be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses relating to the development and dissemination of in structional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Educa tion for all state funded schools with grades seven or eight; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-142 to read as follows: FEBRUARY 7, 1997 209 "20-2-142. (a)(l) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education: (A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Disabled students who are otherwise eligible for a special education diploma pursu ant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled stu dents must enroll in and successfully complete both of these courses. (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 in 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 duration. The commissioner of public safety shall make available officers, em ployees, officials, agents, contractors, or other appropriate representatives as deter mined 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. (2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (c) The State Board of Education shall prescribe a course of study in health and physi cal education for all grades and grade levels in the public schools and shall establish standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be pre pared or approved by the State School Superintendent in cooperation with the Depart ment of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources. (d)(l) All schools with grades seven or eight which receive in any manner funds from tEe state may provide a course of study in home economics to include parenting edu cation. Any student enrolled in a school which provides for a course of study in home' economics which includes parenting education who is a parent and who is receiving 210 JOURNAL OF THE SENATE public assistance under Article 5 of Chapter 4 of Title 49 shall be required to success fully complete such course of study as provided for in this subsection^ (2) The Department of Education shall prescribe a course of home economics to in clude parenting education. These courses shall contain instruction to prepare stu dents to understand children's physical, mental, emotional, and social growth and development with emphasis on nutrition, family living and community relation ships, domestic violence, home management, and the responsibilities of parenthood. The courses shall not contain any materials that would define emotional, social, or religious values. (3) The Department of Education shall collaborate and act in concert with the De partment of Human Resources and the Division of Family and Children Services in providing an alternative parenting education opportunity. tdXe) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following: (1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including sug gested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools; (2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and (3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of in struction, and other means. fe)(f) The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in develop ment and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secre tarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section. tf)(g) The state board shall make available uniformly to the public schools of the state aricTthe educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under this Code section." FEBRUARY 7, 1997 211 SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the President Pro Tempore, who was presiding, or dered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Crotts Dean Egan Fort Gillis Griffin Henson Hill Hooks Huggins James Johnson of 2nd Land Langford Madden Marable Oliver Price of 56th Ragan Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Balfour Brush Cagle Cheeks Clay Glanton Gochenour Guhl Johnson of 1st Lamutt Price of 28th Ralston Ray Those not voting were Senators: Harbison (excused) Kemp Middleton Perdue (presiding) On the adoption of the substitute, the yeas were 39, nays 13, and the Thomas of the 10th substitute was adopted. Pursuant to Rule 143 action on SB 41 was suspended and the bill was placed on the General Calendar. The President resumed the Chair. SB 93. By Senators Madden of the 47th, Langford of the 29th, Perdue of the 18th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance. The Senate Committee on Insurance and Labor offered the following substitute to SB 93: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for the issuance of 212 JOURNAL OF THE SENATE certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance; to provide for service areas; to provide for the powers, membership, duties, and responsibilities of health plan purchasing cooperatives; to provide for regulation for consumer protection; to provide for internal operations; to provide for the nonprofit status of a health plan purchasing cooperative and for operations as a nonprofit corporation; to provide for administrative services; to provide regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by inserting immediately following Chapter 30, relating to group or accident and sickness insurance, a new chapter, to be designated as Chapter 30A, to read as follows: "CHAPTER 30A 33-30A-1. As used in this chapter, the term: (1) 'Agent' shall be defined as provided in Code Section 33-23-1. (2) 'Carrier' or 'employer carrier' means any entity that provides health insurance to employers in this state. For the purposes of this chapter, carrier includes an insurance company, hospital or medical service corporation, health care plan as defined in Code Section 33-20-3, fraternal benefit society, health maintenance organization, or any other licensed entity providing a plan of health insurance or health benefits subject to state insurance regulation. (3) 'Health benefit plan' means any hospital or medical policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health mainte nance organization subscriber contract. Health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; policies issued in accordance with Code Section 34-9-14 or 34-9-122.1; limited accident and sickness insurance policies such as credit, dental, vision, medicare supplement, longterm care, hospital indemnity, or specified disease insurance; coverage issued as a sup plement to liability insurance; workers' compensation or similar insurance; or automo bile medical payment insurance. (4) 'Health plan purchasing cooperative,' 'purchasing cooperative,' or 'cooperative' means a nonprofit corporation authorized by the Commissioner pursuant to this chap ter and operated for the benefit of members located within a particular geographic area of the state by providing members with purchasing services and detailed information on comparative prices, usage, medical outcomes, quality, and enrollee satisfaction through selected health benefit plans. (5) 'Medical outcome' means a change in an individual's health status after the provi sion of health services. (6) 'Premium' means all moneys paid by an employer and eligible employees as a condi tion of receiving coverage from a carrier, including any fees or other contributions asso ciated with the health benefit plan. Premiums shall not include fees for membership in the cooperative. (7) 'Small employer' means any person, firm, corporation, partnership, association, political subdivision, or sole proprietor that is actively engaged in a business that, at the time of application, on at least 50 percent of its working days during the preceding calendar quarter, employed no fewer than two and no more than 50 eligible employees, in which a bona fide employer-employee relationship exists. In determining the number of eligible employees, companies that are affiliated companies or companies that are eligible to file a combined tax return for purposes of state taxation shall be FEBRUARY 7, 1997 213 considered one employer. Subsequent to the issuance of a health benefit plan to a small employer and for the purpose of determining eligibility, the size of a small em ployer shall be determined annually. Except as otherwise provided, provisions of this chapter that apply to a small employer shall continue to apply at least until the plan anniversary following the date the small employer no longer meets the requirements of this paragraph. Nothing in this chapter shall be construed to prohibit a carrier from including self-employed individuals in its definition of small employer. 33-30A-2. (a) On and after July 1, 1997, the Commissioner is authorized to issue certificates of authority to nonprofit corporations to operate as health plan purchasing cooperatives to provide services to members located within particular geographic areas of the state in accordance with the provisions of this chapter. (b) A health plan purchasing cooperative authorized by the Commissioner pursuant to subsection (a) of this Code section may also offer other related employee benefits and services to its members, including, without limitation, continuation coverage administra tion and purchasing services for limited accident and sickness insurance coverages such as dental, vision, and long-term care and workers' compensation insurance; provided, however, that a purchasing cooperative offering such related benefits or services must provide separate and explicitly identified rate or fee schedules for such benefits and serv ices to distinguish them from health benefit plan premiums and membership fees. (c)(l) Any health benefit plan, limited accident and sickness policy, or other insurance offered through a cooperative must be provided by a carrier where a license is other wise required. (2) A cooperative may not directly provide insurance or bear any risk associated with any health benefit plan or other insurance offered through the cooperative. (d) No entity shall hold itself out as a health plan purchasing cooperative without a cer tificate of authority granted by the Commissioner. Any entity not authorized as a health plan purchasing cooperative by the Commissioner shall not use as part of its advertising or marketing any self-descriptive term which is confusingly similar to a health plan purchasing cooperative. Any entity not authorized as a health plan purchasing coopera tive by the Commissioner and providing services substantially similar to those of a purchasing cooperative shall clearly indicate in its advertising and marketing materials that such entity is not a health plan purchasing cooperative. Failure to comply with this subsection shall be an unfair and deceptive act or practice in the business of insurance within the meaning of paragraph (1) of subsection (b) of Code Section 33-6-4. 33-30A-3. (a) Each health plan purchasing cooperative shall serve a particular geographic area of the state that consists of either one entire county or more than one contiguous entire county. The Commissioner shall not authorize any purchasing cooperative to serve a geographic area which divides any county or contains noncontiguous counties. (b) Any purchasing cooperative which serves any portion of a metropolitan statistical area shall not serve less than all of that metropolitan statistical area. The Commissioner shall not authorize any purchasing cooperative to serve a geographic area which divides any metropolitan statistical area. (c) The authority granted by the Commissioner to a purchasing cooperative to serve a particular geographic area shall be nonexclusive, and there shall be no limit upon the number of purchasing cooperatives which may be authorized to serve any particular geo graphic area. (d) The Commissioner shall authorize service for any geographic service area as proposed by the applicant nonprofit corporation if such proposed service area meets the require ments of this Code section. 214 JOURNAL OF THE SENATE (e) Nothing in this Code section shall restrict the ability of any purchasing cooperative from serving multiple geographic areas, subject to the requirements of this Code section. 33-30A-4. (a)(l) Membership in a health plan purchasing cooperative shall be voluntary. (2) A purchasing cooperative shall accept for membership in the cooperative any eligible small employer which agrees to pay the membership fee and a premium for coverage through the purchasing cooperative and which abides by the bylaws and rules of the purchasing cooperative. (3) A purchasing cooperative may, at its option, accept for membership in the cooperative any otherwise eligible employer which does not qualify as a small employer because it employed more than 50 eligible employees during 50 percent or more of its working days during the previous calendar quarter. (4) A purchasing cooperative may, at its option, accept for membership in the cooperative any otherwise eligible employer which does not qualify as a small employer because it is an individual or sole proprietor. If a purchasing cooperative chooses to accept such em ployers, the purchasing cooperative may not discriminate in the acceptance process based upon health status. (b) Each purchasing cooperative shall have the following powers, duties, and responsibilities: (1) Establishing and clearly denning the conditions of membership and participation in the purchasing cooperative. Each cooperative shall establish conditions for small em ployers which must include but need not be limited to, assurance that the group is a valid small employer and is not formed for the purpose of securing health benefit coverage and assurance that the individuals in the small employer group are employees and have not been added for the purpose of securing health benefit coverage. A purchasing cooperative shall not establish or enforce membership conditions or participation requirements, by laws, rules, or policies, financial or otherwise, which have the effect of excluding or in cluding membership on the basis of health status of otherwise eligible individuals or other risk characteristics, including, but not limited to, industry type, occupation, experi ence, age, gender, family composition, education, avocation, or income; nor shall a purchasing cooperative require any small employer, employee, self-employed individual, or dependent to subscribe to limited accident and sickness insurance policies, products, or services not related to health care; (2) Providing to cooperative members clear, standardized information on each health benefit plan or other coverage offered by carriers through the cooperative to cooperative members, including information on price, enrollee costs, quality, patient satisfaction, en rollment, and enrollee responsibilities and obligations and providing health benefit plan and other insurance comparison sheets in accordance with department rule; (3) Annually offering to all members of the cooperative all health benefit plans and other insurance offered by carriers which meet the requirements of this chapter and which submit a responsive proposal as to information necessary for health benefit plans and other insurance comparison sheets and providing assistance to cooperative members in selecting and obtaining coverage with carriers that meet those requirements. A purchas ing cooperative shall, whenever feasible, contract with multiple, unaffiliated carriers to offer health benefit plans and other insurance to its members. A purchasing cooperative may selectively contract with carriers based on the quality and cost effectiveness of serv ices and other factors deemed to be relevant by the purchasing cooperative; (4) Requesting proposals for health benefit plans and other insurance from carriers; (5) Establishing administrative procedures and accounting procedures consistent with generally accepted accounting principles for the operation of the cooperative and mem bers' services, preparing an annual cooperative budget, and preparing annual program and fiscal reports on cooperative operations as required by this chapter; FEBRUARY 7, 1997 215 (6) Developing and implementing a marketing plan to publicize the cooperative to poten tial members; (7) Developing grievance procedures to be used in resolving disputes between members and the cooperative and disputes between carriers and the cooperative. Any member of, or carrier that serves, a cooperative may appeal to the department any grievance that is not resolved by the cooperative; (8) Ensuring that carriers have grievance procedures to be used in resolving disputes with members of the cooperative. A member may appeal to the cooperative any griev ance that is not resolved by the carrier; (9) Maintaining all records, reports, and other information required by this chapter or by department rule or other applicable laws; (10) Contracting with qualified, independent third parties for any services necessary to carry out the powers and duties required by this chapter; (11) Enrolling eligible members, employees, and dependents in selected health benefit plans and other insurance and services, establishing procedures for collecting premiums, collecting premiums, appropriately distributing collected premiums to participating car riers, compensating agents, and paying third-party contractors. This may include the remittance of the share of the group premium paid by both an employer and an em ployee. The cooperative shall pay participating carriers their contracting premium amounts on a prepaid monthly basis or as otherwise mutually agreed upon; and (12) Selecting and contracting with participating licensed agents for representation of all carriers offering health benefit plans or other insurance through the purchasing coopera tive. A purchasing cooperative may work with participating carriers to establish stan dard criteria for selecting participating licensed agents. A purchasing cooperative may establish a standardized compensation for agents. (c) Each cooperative may set and collect reasonable fees for membership in the coopera tive which may finance reasonable and necessary costs incurred in administering the cooperative. Any such fee must be clearly identified and not inconsistent with the provi sions of paragraph (1) of subsection (b) of this Code section. (d)(l) Each cooperative shall provide semiannual financial statements and annual re ports regarding cooperative programs and operations to the Commissioner. (2) Each cooperative shall provide for annual independent audits by a certified public accountant and make reports of such audits available to the Commissioner and the public. (3) Each purchasing cooperative shall file annually with the Commissioner, at such time and in such form and manner as specified by the Commissioner, evidence of adequate security and prudence in account, premium collection, and the handling and transfer of moneys and evidence of compliance with the provisions of this chapter, including a de scription of the specific services provided by the purchasing cooperative. (e) Each purchasing cooperative shall maintain a trust account or accounts for the deposit of any premium moneys collected. (f) Each purchasing cooperative shall disclose to the Commissioner any oral or written agreements made prior to its authorization as a purchasing cooperative. (g) The act of selling services of health benefit plans or other insurance offered through a purchasing cooperative which would otherwise require an insurance agent's license pursu ant to paragraph (3) of subsection (a) of Code Section 33-23-1 shall be performed by li censed insurance agents. 33-30A-5. The department shall assist health plan purchasing cooperatives. To this end, the depart ment is responsible for: 216 JOURNAL OF THE SENATE (1) Initially and thereafter annually certifying that each cooperative complies with the provisions of this chapter and regulations adopted pursuant to Code Section 33-30A-9. The department may decertify any cooperative if the cooperative fails to comply with the provisions of this chapter and the regulations adopted by the Commissioner; (2) Conducting an annual review of the performance of each cooperative to ensure that the cooperative is in compliance with the provisions of this chapter and applicable regulations; (3) Establishing criteria for plans to be offered through cooperatives to cooperative mem bers. Such plans may include without limitation fee-for-service plans, preferred provider organizations, health maintenance organizations, provider sponsored health care corpo ration plans, and medical savings accounts; and (4) Receiving and reviewing appeals by members of a cooperative and carriers whose grievances were not resolved by the cooperative. 33-30A-6. (a) Each cooperative shall use appropriate, efficient, and standardized means to notify members of the availability of health benefit plan coverage offered through the cooperative. (b) Each cooperative shall make available to its members marketing materials prepared by or for the cooperative that accurately summarize the health benefit plans and other insur ance and services that are offered through it to members, including descriptions and stan dardized comparisons of each plan or service and information on price, benefits, and measures of performance such as medical outcomes and consumer satisfaction. A purchas ing cooperative shall disseminate such descriptive and comparative information to all members of the cooperative. (c)(l) Each cooperative shall offer annually to each member all health benefit plans and other insurance and services available through the cooperative and provide each member with the appropriate materials relating thereto. (2) Each purchasing cooperative shall adopt its own policy regarding whether member employers shall be permitted to limit the selection of carriers, health benefit plans, or other insurance for their employees from among those health benefit plans and other insurance policies offered through the purchasing cooperative. Any limitation imposed by an employer must be made without discrimination as to the health status of an indi vidual or class. 33-30A-7. (a)(l) Each purchasing cooperative shall be a nonprofit corporation, and the provisions of Chapter 3 of Title 14 shall apply to each purchasing cooperative; provided, however, that the provisions of this chapter shall control to the extent of any conflict with the provi sions of Chapter 3 of Title 14. (2) Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation must provide the Commissioner with a certificate of existence issued pursuant to Code Section 14-3-128. (b) A purchasing cooperative may not amend its articles of incorporation to operate as a for profit corporation. (c) Nothing in this Code section shall limit a cooperative from contracting with a for profit corporation to provide services specified in paragraph (10) of subsection (b) of Code Section 33-30A-4. (d)(l) No person having had a financial interest in a purchasing cooperative's financing, marketing, or delivery of services, other than as a representative of a member employer or a consumer of services, during the immediately preceding 12 month period shall serve as a member of the board of directors of the purchasing cooperative. (2) No person serving as a member of the board of directors of a purchasing cooperative shall have a financial interest in the purchasing cooperative's financing, marketing, or FEBRUARY 7, 1997 217 delivery of services, other than as a representative of a member employer or as a con sumer of services, during his or her term as a board member. (e) A purchasing cooperative may establish, as it deems necessary and appropriate, an ad visory group to assist its board of directors in deliberations. Such advisory group may in clude health care providers, carriers, insurance agents, consumers, or other persons. 33-30A-8. (a) Prior to authorization by the Commissioner to operate as a health plan purchasing coop erative, a nonprofit corporation shall, directly or through a contractor which provides ad ministrative services to the corporation, file with the Commissioner a corporate surety bond in an amount deemed adequate by the Commissioner to provide for administration of the proposed purchasing cooperative for a six-month period, in favor of the state and for the use and benefit of the state and of members and creditors of the cooperative. Such bond shall be for protection against insolvency due to malfeasance, including fraud or theft of funds. The bond shall be conditioned as follows: (1) For prompt payment of premiums due; (2) For payment of all indebtedness of the corporation; and (3) For payment of costs incurred by the state in the administration of the corporation. All of the conditions shall become due and payable only in the event the corporation be comes insolvent due to malfeasance, in which event the Commissioner shall maintain juris diction over the purchasing cooperative for a period of six months or the next available renewal, whichever is later, for purposes of protecting the interests of cooperative members and creditors. (b) Any such bond filed or deposit made or remaining portion thereof held under this Code section shall be released and discharged upon settlement and termination of all liabilities against it. (c) Any health benefit plan offered through a purchasing cooperative must guarantee unin terrupted coverage for a six-month period in the event of the purchasing cooperative's in solvency, subject to timely payment of premiums due. 33-30A-9. The Commissioner shall issue regulations in accordance with Code Section 33-2-9 for the administration of this chapter." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Brown of the 26th moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Middleton was excused. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton 218 JOURNAL OF THE SENATE Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Harbison (excused) James Kemp Middleton (excused) Scott On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 101. By Senators Starr of the 44th and Perdue of the 18th: A bill to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to provide that counties and municipal corporations shall be authorized to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development pro grams and to accept and to expend grant funds subject to such terms as may be required by the grantor. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker FEBRUARY 7, 1997 219 Those not voting were Senators: Harbison (excused) James Johnson of 2nd Kemp On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 136. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Annotated, as such section is effective on July 1, 1997, and Code Section 53-6-35, as such section becomes effective on January 1, 1998, each relating to the appointment of a county administrator and assistant county administrators, so as to provide that in certain counties the judge of the probate court is authorized to appoint assistant county administrators. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Henson Hooks Huggins Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Egan Harbison (excused) Hill James Kemp On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 150. By Senators Burton of the 5th, Oliver of the 42nd, Henson of the 55th and others: A bill to amend Article 3 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Silver-Haired Legislature, so as to authorize annual meetings; to provide for funding; to provide for personnel; to provide for duties of the Secretary of State. The report of the committee, which was favorable to the passage of the bill, was agreed to. 220 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 Brush Burton Cagle Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Cheeks Egan Harbison (excused) James Kemp Roberts Tanksley On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: SR 110. By Senator James of the 35th: A resolution in recognition of Ramadan. The following substitute offered by the Senate Rules Committee was read and adopted: A RESOLUTION Recognizing the Islamic community in Georgia and the celebration of Ramadan; and for other purposes. WHEREAS, Ramadan is the month in which the Holy Qur'an, the Islamic Scripture, was revealed by Allah to Prophet Mohammed, and is a time of reaffirmation, as well as a time of personal, spiritual, and moral rededication; and WHEREAS, the month of Ramadan is observed with reading of the Holy Qur'an, fasting, and praying by more than one billion Muslims worldwide, all reflecting on the Islamic foun dations of the physical and moral strength needed to survive in this troubled world; and WHEREAS, during Ramadan, members of the worldwide Islamic community will fast to renew and reaffirm self-restraint and to increase their efforts toward global solidarity, peace, and justice; and WHEREAS, there are approximately eight million Muslims living in the United States of America and, of these, more than 100,000 live in the State of Georgia; and WHEREAS, the Islamic community in Georgia has demonstrated concern for the condi tions of the poor, the less fortunate, and the quality of life throughout the year, and particu larly during the month of Ramadan; and WHEREAS, Ramadan inspires the Muslim community to increase maintenance in humility, compassion, and charity to all persons and to seek unity and justice in all things; and FEBRUARY 7, 1997 221 WHEREAS, EID represents the conclusion of the month-long fast for more than one billion Muslims throughout the world. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body recognize the Islamic community in Georgia and the celebration of Ramadan. BE IT FURTHER RESOLVED that best wishes are extended for a rewarding and success ful observance to all participants of Ramadan. The resolution was adopted by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 287. By Representatives Lucas of the 124th, Sherrill of the 62nd, Williams of the 63rd and others: A bill to amend various statutory references to "personal care homes" so as to delete and replace that term; to define and provide for a new category of facili ties to be designated as "assisted living facilities" and to include assisted living facilities--Level I and assisted living facilities--Level II within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relat ing to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services. At 10:20 A.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M. on Monday, February 10, 1997; the motion prevailed. At 12:00 midnight the Senate adjourned. 222 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 10, 1997 Fourteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of Friday, February 7, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 187. By Representative Twiggs of the 8th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the com position of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense Council. HB 206. By Representatives Martin of the 47th, Coleman of the 142nd, Baker of the 70th and others: A bill to amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as "The Economic Rehabilitation Act of 1975," so as to change the pur poses of said chapter; to change the definition of a certain term; to change cer tain provisions relating to the duties of the director; to provide that moneys ap propriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Serv ices Block Grant. HB 67. By Representative McBee of the 88th: A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Annotat ed, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum. HB 371. By Representatives Parrish of the 144th, Parham of the 122nd, Childers of the 13th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require re funds on certain drug rebates obtained by providers of medical assistance. HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and others: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administra tion of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. FEBRUAKY 10, 1997 223 HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chap ter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law,". HB 249. By Representative Campbell of the 42nd: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to au thorize federal judges to perform marriage ceremonies. HB 291. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and others: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for permission to appeal with out also filing a timely notice of appeal, the appellate court shall have jurisdic tion to decide the case and shall grant the application. HB 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commis sions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of munic ipalities within a county fail to designate one of their number as a member. HB 333. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to state the base upon and manner in which a certain tax is levied on premiums on certain insurance policies; to provide a mechanism for the refund of taxes erro neously or illegally paid. HB 298. By Representatives Reichert of the 126th, Walker of the 141st, Barnes of the 33rd and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how mechanics and materialmen liens are declared and creat ed, so as to provide that with respect to a contract for the procurement of materi al, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, if the contract includes a provision preventing pay ment to the claimant, then the person or persons furnishing material, services, labor, and supplies shall be relieved of necessity of filing an action. 224 JOURNAL OF THE SENATE HB 238. By Representatives Henson of the 65th, Jones of the 71st, Martin of the 47th and others: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to pro vide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an appli cation for utilization; to make conforming amendments to other provisions in said chapter. HB 329. By Representative Reichert of the 126th: A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of ser vice charge which may be recovered on a bad check. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 214. By Representative Jamieson of the 22nd: A resolution creating the Toccoa-Stephens County Governmental Consolidation Study Committee. HR 258. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution recognizing and designating "Georgia's Treasures Along 20 Trail". The following bills were introduced, read the first time and referred to committees: SB 242. By Senators Johnson of the 1st, Dean of the 31st, Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citi zen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony and who have been paroled. Referred to Committee on Corrections, Correctional Institutions and Property. SB 243. By Senators Cagle of the 49th, Clay of the 37th, Ralston of the 51st and others: A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that neither the State of Georgia, its agents, nor any of its political subdivisions shall use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group. Referred to Committee on Judiciary. FEBRUARY 10, 1997 225 SB 244. By Senators Cagle of the 49th, Ralston of the 51st, Oliver of the 42nd and Crotts of the 17th: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks for day-care centers, so as to pro hibit the Department of Human Resources and county departments of family and children services from making certain child placements and provide for dis charge from employment for violation of the prohibition. Referred to Committee on Judiciary. SB 245. By Senators Stokes of the 43rd and Walker of the 22nd: 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 change certain provisions relating to coverage of treatment of mental disorders. Referred to Committee on Health and Human Services. SB 246. By Senator James of the 35th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to enact the "Georgia Franchise Act"; to provide a short title; to provide definitions; to provide for ap plicability; to provide for jurisdiction and nonjudicial resolution of disputes; to provide that certain waivers are void; to provide for the transfer of a franchise. Referred to Committee on Judiciary. SR 176. By Senators Hill of the 4th and Marable of the 52nd: A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amend ments to the Constitution and to repeal statutes and amendments to statutes; to provide procedures and restrictions connected therewith; to provide exceptions; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Ethics. SR 177. By Senators Glanton of the 34th, Ray of the 48th and Gochenour of the 27th: A resolution proposing an amendment to the Constitution so as to remove the obligation to budget and appropriate funds necessary to operate the state's de partments and agencies; to establish a limitation on the total amount of state expenditures in any fiscal year; to provide for a reserve fund, a limitation on the amount in such fund, and appropriations from such fund; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Appropriations. SR 178. By Senators Fort of the 39th and Boshears of the 6th: A resolution urging the Surface Transportation Board of the United States De partment of Transportation to take account of the needs of the public in consid eration of any merger or acquisition involving Conrail. Referred to Committee on Transportation. 226 JOURNAL OF THE SENATE The following bills were read the first time and referred to committees: HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and Greene of the 158th: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administra tion of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. Referred to Agriculture Committee. HB 67. By Representative McBee of the 88th: A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Annotat ed, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum. Referred to Special Judiciary Committee. HB 187. By Representative Twiggs of the 8th: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the com position of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense Council. Referred to Public Safety Committee. HB 206. By Representatives Martin of the 47th, Coleman of the 142nd, Baker of the 70th and others: A bill to amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as "The Economic Rehabilitation Act of 1975," so as to change the pur poses of said chapter; to change the definition of a certain term; to change cer tain provisions relating to the duties of the director; to provide that moneys ap propriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Serv ices Block Grant. Referred to Judiciary Committee. HB 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commis sions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of munic ipalities within a county fail to designate one of their number as a member. Referred to State and Local Governmental Operations Committee (General). FEBRUARY 10, 1997 227 HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chap ter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law,". Referred to Insurance and Labor Committee. HB 238. By Representatives Henson of the 65th, Jones of the 71st, Mart-'n of the 47th and others: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to pro vide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an appli cation for utilization; to make conforming amendments to other provisions in said chapter. Referred to Health and Human Services Committee. HB 249. By Representative Campbell of the 42nd: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to au thorize federal judges to perform marriage ceremonies. Referred to Special Judiciary Committee. HB 287. By Representatives Lucas of the 124th, Sherrill of the 62nd, Williams of the 63rd and others: A bill to amend various statutory references to "personal care homes" so as to delete and replace that term; to define and provide for a new category of facili ties to be designated as "assisted living facilities"and to include assisted living facilities - Level I and assisted living facilities - Level II within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services. Referred to Consumer Affairs Committee. HB 291. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Davis of the 60th: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for permission to appeal with out also filing a timely notice of appeal, the appellate court shall have jurisdic tion to decide the case and shall grant the application. Referred to Special Judiciary Committee. 228 JOURNAL OF THE SENATE HB 298. By Representatives Reichert of the 126th, Walker of the 141st, Barnes of the 33rd and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how mechanics and materialmen liens are declared and creat ed, so as to provide that with respect to a contract for the procurement of materi al, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, if the contract includes a provision preventing pay ment to the claimant, then the person or persons furnishing material, services, labor, and supplies shall be relieved of necessity of filing an action. Referred to Special Judiciary Committee. HB 329. By Representative Reichert of the 126th: A bill to amend Section 13-6-15 of the Official Code of Georgia Annotated, relat ing to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check. Referred to Special Judiciary Committee. HB 333. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to state the base upon and manner in which a certain tax is levied on premiums on certain insurance policies; to provide a mechanism for the refund of taxes erro neously or illegally paid. Referred to Retirement Committee. HB 371. By Representatives Parrish of the 144th, Parham of the 122nd, Childers of the 13th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require re funds on certain drug rebates obtained by providers of medical assistance. Referred to Health and Human Services Committee. HR 214. By Representative Jamieson of the 22nd: A resolution creating the Toccoa-Stephens County Governmental Consolidation Study Committee. Referred to Rules Committee. HR 258. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution recognizing and designating "Georgia's Treasure Along 20 Trail". Referred to Natural Resources Committee. FEBRUARY 10, 1997 229 The following committee report was read by the Secretary: 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 70. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman The following bills and resolutions were read the second time: SB 18 SB 218 HB 182 SB 110 SR 144 SB 111 SR 148 SB 134 HB 83 SB 176 HB 84 SB 196 HB 171 Senator Johnson of the 1st moved that Senator Gochenour of the 27th be excused. On the motion the yeas were 34, nays 0; the motion prevailed, and Senator Gochenour was excused. The President called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not answering were Senators: Abernathy Brush Cheeks Gochenour (excused) Harbison Johnson of 2nd Tanksley The President led the Senators in the Pledge of Allegiance to the Flag of th 9 United States of America. Senator Turner of the 8th introduced the chaplain of the day, Father David Francoeur, of Christ Episcopal Church, Valdosta, Georgia, who offered scripture reading and prayer. Senator Turner of the 8th introduced the members of the Lowndes County Board of Education, commended by SR 19, adopted previously. Senator Cheeks of the 23rd introduced Heather Fountain, Champion of the 1996 Soap Box Derby, commended by SR 7 adopted previously. 230 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 173. By Senator Cheeks of the 23rd: A resolution recognizing and commending Allison M. Jones. SR 174. By Senator Fort of the 39th: A resolution expressing sympathy to the family of Shonterria Tinsley. SR 175. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and Henson of the 55th: A resolution commending Melodie Bryson Smith. SR 179. By Senator Oliver of the 42nd: A resolution recognizing and congratulating Eugene H. Sanders on his 100th birthday. SENATE RULES CALENDAR Monday, February 10, 1997 FOURTEENTH LEGISLATIVE DAY SB 51 Education -- prohibit teaching of Ebonics (Ed--38th) HB 246 Elections -- ballot labels for voting machines, number of words (Ethics--10th) Murphy--18th SB 178 Civil War Historic Sites -- program of acquisition, preservation (Substitute) (EDT&CA--37th) SB 103 Electronic Records and Signatures Act -- enact (Substitute) (ST&I--41st) SB 41 Education -- course in home economics on parenting (Substitute) (Ed--10th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 7, 1997.) SB 7 Property Where Drug Paraphernalia Sold -- declare nuisance (Substitute) (Judy--23rd) SB 133 Court--Connected Alternative Dispute Resolution Act -- provide (Amendment) (Judy--42nd) SB 147 Actions Against Land Surveyors -- period of limitation (Judy--42nd) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 51. By Senator Abernathy of the 38th: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia annotated, relating to competencies and the core curriculum, so as to prohibit the teaching of Ebonics. FEBRUARY 10, 1997 231 Senator Griffin of the 25th moved that SB 51 be committed to the Education Committee. Senator Abernathy of the 38th moved the previous question. Senator Griffin of the 25th moved that SB 51 be placed on the Table. The motion to Table takes precedence. On the motion to Table SB 51, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Burton Egan Fort Griffin Henson James Johnson of 2nd Scott Stokes Thomas of 10th Walker Those voting in the negative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Dean Gillis Glanton Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Brush Gochenour (excused) Tanksley On the motion, the yeas were 12, nays 41; and the motion to place SB 51 on the Table was lost. The motion for the previous question was next in precedence. On the motion, the yeas were 37, nays 9; the motion prevailed, and the previous ques tion was ordered. Senator Fort of the 39th offered the following amendment: Amend SB 51 by striking line 4 of page 1 and inserting in lieu thereof the following: "Ebonics or theories of racial superiority and inferiority; to provide an effective date; to repeal conflicting". By striking line 17 of page 1 and inserting in lieu thereof the following: '"black English,' or any other description or theories of racial superiority or inferiority such as those advanced by Arthur Jensen, William Shockley, or Charles Murray.'" 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: Boshears Fort Griffin James Johnson of 2nd Oliver Scott Stokes Thomas of 10th 232 JOURNAL OF THE SENATE Those voting in the negative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Streat Taylor Thomas of 54th Turner Tysinger Those not voting were Senators: Brush Gochenour (excused) Starr Tanksley Thompson Walker On the adoption of the amendment, the yeas were 9, nays 41; and the Fort amendment was lost. Senator Fort of the 39th offered the following amendment: Amend SB 51 by striking lines 3 through 4 of page 1 and inserting in lieu thereof the following: "and the core curriculum, so as to provide for the teaching of Ebonics or other phonetic or language skills necessary to improve the opportunities available to Georgia students; to provide an effective date; to repeal conflicting". B"Eyvesrtyri"k. ing the word "No" in line 13 of page 1 and inserting in lieu thereof the word By striking line 17 of page 1 and inserting in lieu thereof the following: "'black English,' or any other description or any other phonetic or language skills neces sary to facilitate the provision of the highest quality of education to the students of Georgia and to improve their chances for success in the educational system, the job mar ket, and American society.'" 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: Boshears Fort Griffin James Oliver Scott Stokes Thomas of 10th Walker Those voting in the negative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue FEBRUARY 10, 1997 233 Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Clay Gochenour (excused) Johnson of 2nd Tanksley On the adoption of the amendment, the yeas were 9, nays 43; and the Fort amendment was lost. Senator Fort of the 39th offered the following amendment: Amend SB 51 by striking line 4 of page 1 and inserting in lieu thereof the following: "Ebonics; to provide for conditions; to provide an effective date; to repeal conflicting". By striking line 13 of page 1 and inserting in lieu thereof the following: "No local board of education shall authorize or implement, without a majority vote of said board,". On the adoption of the amendment, the yeas were 7, nays 38; and the Fort amend ment was lost. Senators Abernathy of the 38th, Brown of the 26th and Harbison of the 15th offered the following amendment: Amend SB 51 by striking lines 13 through 17 and inserting in lieu thereof the following: "fuNnodsc.o'"urse of study which teaches Ebonics as a distinct language shall receive state On the adoption of the amendment, the yeas were 41, nays 2; and the Abernathy et al, amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Taylor Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators: Boshears Egan Fort Griffin Henson James Scott Stokes Thomas of 10th Walker 234 JOURNAL OF THE SENATE Those not voting were Senators: Gochenour (excused) Johnson of 2nd Tanksley On the passage of the bill, the yeas were 43, nays 10. The bill, having received the requisite constitutional majority, was passed as amended. Senator Walker of the 22nd moved that SB 51 be immediately transmitted to the House. On the motion, the yeas were 43, nays 0; the motion prevailed and SB 51 was immedi ately transmitted. Senator Abernathy of the 38th moved that he be excused from the Senate due to his wife being in labor. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Abernathy was excused. HB 246. By Representative Murphy of the 18th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to ballot labels for voting machines; to eliminate the maximum limit upon the number of words in each question to be voted on. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy (excused) Gochenour (excused) Henson Tanksley On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. FEBRUARY 10, 1997 235 SB 178. By Senators Clay of the 37th, Hooks of the 14th and Thomas of the 54th: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Civil War Commission of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program. The Senate Committee on Economic Development, Tourism and Cultural Affairs of fered the following substitute to SB 178: A BILL To be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Civil War Commission of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program; to create a special fund to be known as the "Civil War Historic Sites Acquisition and Preservation Fund"; to provide for the expenditure of moneys placed in such fund and the interest thereon; to provide for accounting and reports; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relat ing to registration and licensing of motor vehicles generally, so as to provide for the issu ance of Civil War historic sites motor vehicle license plates; to provide for additional charges for such license plates and the distribution of the proceeds thereof; to provide for the design, issuance, and transfer of such license plates, the ownership and use of the de signs therefor, and practices, procedures, and requirements relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 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 236 JOURNAL OF THE SENATE 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, 1998, special license plates promoting the Civil War his toric sites program of the Department of Natural Resources established pursuant to Code Section 12-3-50.3. (b) The Civil War Commission shall design special distinctive license plates appropriate to promote Civil War historic sites in this state. The Civil War historic sites plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients shall receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) The design of the initial edition of the Civil War historic sites license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commis sioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Except as otherwise provided in subsection (i) of this Code section, beginning in calen dar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon complying with the motor ve hicle 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. FEBRUARY 10, 1997 237 (h) Except as otherwise provided in subsection (i) of this Code section, Civil War historic sites license plates shall be issued within 30 days of application. (i) The commissioner shall retain all applications received for a Civil War historic sites license plate until a minimum of 500 applications have been received. After receipt of 500 applications for a Civil War historic sites license plate, the commissioner will then adopt the design created by the Civil War Commission pursuant to subsection (b) of this Code section. If the commissioner does not receive the required minimum of 500 applica tions no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such Civil War historic sites license plate and all fees shall be refunded to applicants." SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of law in conflict with this Act are repealed. Senator Clay of the 37th offered the following amendment: Amend the Senate Committee on Economic Development, Tourism and Cultural Affairs substitute to SB 178 by striking lines 4 through 6 of page 1 and inserting in lieu thereof the following: "the establishment by the Civil War Commission of a program for the acquisition, preser vation, and maintenance of Civil War historic sites; to provide for". By striking line 33 of page 1 and inserting in lieu thereof the following: "acquisition, preservation, and maintenance of. By striking lines 41 through 44 of page 3 and inserting in lieu thereof the following: "(e) From the funds derived from the sale of Civil War historic sites license plates, a $1.00 processing fee shall be granted to county tag offices per plate sold, $5.00 shall be deposited in the general treasury per plate sold, and the balance, not to exceed $19.00 per plate sold, shall be transferred to the Civil War Commission and shall". By striking line 3 of page 4 and inserting in lieu thereof the following: "12-3-50.3 and shall be expended only for the". On the adoption of the amendment, the yeas were 37, nays 0; and the Clay amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford 238 JOURNAL OF THE SENATE Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator James. Those not voting were Senators: Abernathy (excused) Brown of 26th Fort Gochenour (excused) Johnson of 2nd Tanksley On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 103. By Senators Tysinger of the 41st, Egan of the 40th, Oliver of the 42nd and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signa tures Act"; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage. The Senate Science, Technology, and Industry Committee offered the following substi tute to SB 103: A BILL To be entitled an Act to amend Title 10 of the Official Code of Georgia annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signatures Act"; to provide for a short title; to provide for legislative construction and definitions; to author ize the use of electronic records and electronic signatures instead of written ones and pro vide for the legal effect of such usage; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, so as to include certain information relating to electronic signatures in the exceptions; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technol ogy Policy Act of 1995," so as to provide for legislative intent; to provide for authority for encouraging the conduct of governmental and private sector business using electronic me dia and provide for powers and duties of the Georgia Information Technology Policy Coun cil; to provide for pilot projects; to provide for the Electronic Commerce Study Committee and its membership, allowances, duties, and powers; 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. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at the end a new chapter to read as follows: "CHAPTER 12 10-12-1. This chapter shall be known and may be cited as the 'Georgia Electronic Records and Signatures Act.' FEBRUARY 10, 1997 239 10-12-2. The provisions of this chapter shall be construed to promote the development of elec tronic government and electronic commerce. 10-12-3. As used in this chapter the term: (1) 'Electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the elec tronic signature is invalidated. (2) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 'Record' in cludes both electronic records and printed, typewritten, and tangible records. 10-12-4. Any person or entity, including but not limited to any department or agency of the state or any of its political subdivisions, may, but shall not be required to, accept or agree to be bound by an electronic record executed or adopted with an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record executed or adopted with an electronic signature, then: (1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied; and (2) Any rule of law which requires a signature shall be deemed satisfied." SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, is amended by striking "or" at the end of paragraph (10) of subsection (a) thereof, striking the period at the end of paragraph (11) of said subsection and inserting "; or", and adding immediately thereafter the following: "(12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signa ture, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 1012-3." SECTION 3. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technol ogy Policy Act of 1995," is amended by adding at the end a new Code section to read as follows: "50-29-12. (a) The General Assembly desires to promote economic development and efficient deliv ery of governmental services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media. (b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signa tures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Infor mation Technology Policy Council. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technol ogy, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic 240 JOURNAL OF THE SENATE signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required. (c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council, and the council shall then submit such reports to the Electronic Commerce Study Committee. The council shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council are available. (d) There is created the Electronic Commerce Study Committee to be composed of 12 members. The committee shall study the issues relating to electronic records and signa tures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized inter est and expertise in electronic commerce. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appoin tees one cochair of the committee. The Georgia Information Technology Policy Council shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Leg islative members and citizen members shall receive the allowances authorized by law for members of interim legislative committees for their services on the committee but shall receive the same for not more than five days. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensa tion for their services on the committee, but they shall be reimbursed for expenses in curred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials, other than legis lative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this subsection shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. If the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1997. The committee shall stand abolished December 15, 1997." 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. 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. FEBRUARY 10, 1997 241 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Voting in the negative was Senator Glanton. Those not voting were Senators: Abernathy (excused) Gochenour (excused) Tanksley Thomas of 10th On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the third time and final action suspended on February 7, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 41. By Senators Thomas of the 10th, Walker of the 22nd, Brown of the 26th and others: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grades seven or eight. The substitute offered by Senator Thomas of the 10th on February 7, as it appears in the Journal of February 7, was automatically reconsidered. Senator Thomas of the 10th offered the following amendment: Amend the substitute to SB 41 as follows: Delete the word opportunity on line 41 page 3 and insert the following: program if no such parenting program is provided. .On the adoption of the amendment, the yeas were 40, nays 0; and the Thomas amend ment to the Thomas substitute to SB 41 was adopted. Senator Brush of the 24th offered the following amendment: Amend the substitute to SB 41 by striking on page 3 line 34 after "." through the end of paragraph lines 35 and 36. 242 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 40, nays 1, and the Brush amend ment to the Thomas substitute was adopted. On the adoption of the substitute, the yeas were 36, nays 3, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Crotts Dean Fort Gillis Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Balfour Cagle Clay Glanton Guhl Johnson of 1st Price of 28th Ray Roberts Those not voting were Senators: Abernathy (excused) Egan Gochenour (excused) Tanksley On the passage of the bill, the yeas were 43, nays 9. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Perdue of the 18th, assumed the Chair. SB 7. By Senators Cheeks of the 23rd and Kemp of the 3rd: A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity. The Senate Judiciary Committee offered the following substitute to SB 7: A BILL To be entitled an Act to amend Chapter 3 of Title 41 of the Official Code of Georgia Anno tated, relating to places used for unlawful sexual purposes, so as to provide that real prop erty upon which substantial selling of drug paraphernalia or drug related objects occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activ ity; to provide an effective date; to repeal conflicting laws; and for other purposes. FEBRUARY 10, 1997 243 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, is amended by striking Code Section 41-3-1.1, relating to drug related activity, and inserting in lieu thereof the following: "41-3-1.1. (a) As used in this Code section, the term: (1) 'Drug related indictment' means an indictment by a grand jury or a felony accusa tion for an offense involving violation of Code Section 16-13-30, 16-13-32, or 16-13-32JTJ provided, however, that any such indictments indictment or felony accusation which iesull results directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section. (2) 'Drug related object accusation' means an accusation for a violation of Code Section 16-13-32, 16-13-32.1, or 16-13-32.2; provided, however, that any such accusation which results directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related object accusation for purposes of this Code section. f2)(3) 'Substantial drug related activity' means activity resulting in six or more separatelncidents resulting in drug related indictments or drug related object accusations involving violations occurring within a 12 month period on the same parcel of real property. (b) Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The owner of real property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property if the district attorney of the county in which the property is located notifies the owner in writing of three or more separate incidents within a 12 month period which result in drug related indictments or drug related object accusations and, after the receipt of such notice and within 12 montEs of the first of the incidents resulting in a drug related indictment or drug related object accusation which are the subject of such notice, three or more separate incidents occur which result in drug related indictments or drug related object accusations." SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Dean Egan Fort 244 JOURNAL OF THE SENATE Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Abernathy (excused) Broun of 46th Brush Crotts Gillis Gochenour (excused) Madden Perdue (presiding) Scott Tanksley Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Blitch of the 7th introduced the doctor of the day, Dr. W.D. Nash of Nashville, Georgia. SB 133. By Senators Oliver of the 42nd, Clay of the 37th, Taylor of the 12th and Fort of the 39th: A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity. The Senate Judiciary Committee offered the following amendment: Amend SB 133 by striking line 39 on page 4 and lines 1 and 2 on page 5 and inserting in lieu thereof the following: "resolution programs, a sum not to exceed $5.00 $7.50, in". By striking in their entirety lines 8 through 14 on page 5. Senator Kemp of the 3rd offered the following amendment: Amend the Committee amendment to SB 133 by striking on Page 1, Line 5, the figure 7.50 and inserting in lieu thereof the figure $5.00. On the adoption of the amendment, Senator Kemp of the 3rd called for the yeas and nays; the call was sustained and the vote was as follows: Those voting in the affirmative were Senators: Boshears Cagle Cheeks Crotts Dean Griffin Guhl Hill Huggins Johnson of 1st Kemp Lamutt Madden Marable Price of 56th Roberts Streat Taylor Thomas of 54th Thompson FEBRUARY 10, 1997 245 Those voting in the negative were Senators: Blitch Bowen Broun of 46th Brown of 26th Burton Clay Egan Fort Glanton Harbison Henson Hooks James Johnson of 2nd Land Middleton Oliver Price of 28th Ragan Ralston Ray Scott Starr Stokes Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy (excused) Balfour Brush Gillis Gochenour (excused) Langford Perdue (presiding) Tanksley On the adoption of the amendment, the yeas were 20, nays 28, and the Kemp amend ment to the committee amendment was lost. On the adoption of the committee amendment, the yeas were 38, nays 0, and the com mittee 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Egan Fort Gillis Griffin Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Madden Middleton Oliver Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those voting in the negative were Senators: Glanton Guhl Hill Huggins Kemp Marable Price of 56th Streat Thompson Those not voting were Senators: Abernathy (excused) Balfour Brush Cheeks Gochenour (excused) Langford Perdue (presiding) Tanksley On the passage of the bill, the yeas were 39, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. 246 JOURNAL OF THE SENATE SB 147. By Senators Oliver of the 42nd and Ralston of the 51st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying. Senators Thompson of the 33rd, Clay of the 37th and Dean of the 31st offered the following amendment: Amend SB 147 by striking on line 22 of page (1), the word 'four', and by inserting in lieu thereof, the word, 'seven'. On the adoption of the amendment, the yeas were 40, nays 0, and the Thompson, et al. amendment to SB 147 was adopted. Senators Clay of the 37th and Thompson of the 33rd offered the following amendment: Amend SB 147 at page 1 by adding at line 25, the word "seven" in place of the word "four". On the adoption of the amendment, the yeas were 43, nays 0, and the Clay, Thompson amendment to SB 147 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: Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Griffin Harbison Hill Hooks James Johnson of 1st Kemp Lamutt Land Madden Middleton Oliver Price of 28th Ragan Ralston Ray Roberts Scott Starr Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Guhl Henson Huggins Marable Price of 56th Stokes Those not voting were Senators: Abernathy (excused) Balfour Blitch Egan Gillis Gochenour (excused) Johnson of 2nd Langford Perdue (presiding) Tanksley On the passage of the bill, the yeas were 40, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 1:06 P.M., Senator Perdue of the 18th, who was presiding, announced the Senate adjourned. FEBRUARY 11, 1997 247 Senate Chamber, Atlanta, Georgia Tuesday, February 11, 1997 Fifteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 432. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chiefjudge of said circuit. HB 436. By Representatives Carter of the 166th and Shaw of the 176th: A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of commissioners. HB 446. By Representative Walker of the 87th: A bill to provide a new charter for the Town of Between. HB 448. By Representative Ponder of the 160th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of of fice. HB 457. By Representatives Ehrhart of the 36th, Shipp of the 38th, Sauder of the 29th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. HB 272. By Representative Childers of the 13th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions and requirements for licensure in marriage and family therapy. 248 JOURNAL OF THE SENATE HB 273. By Representative Childers of the 13th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the reuse of unused unit dosage drugs in certain long-term care facilities. HB 219. By Representative Smith of the 109th: A bill to amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to provide that units of local government which have activated waste man agement authorities may deactivate the same by ordinance or resolution. HB 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd 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 local consolidated governments to levy such tax. HB 349. By Representatives Baker of the 70th, Barnes of the 33rd, Martin of the 47th and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership. HB 345. By Representatives Barfoot of the 155th, Mosley of the 171st, Hanner of the 159th and others: A bill to amend Code Section 43-51-6.1 of the Official Code of Georgia Annotat ed, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. HB 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. HB 337. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain references to the Georgia Firemen's Pension Fund. HB 340. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to change the name of such pension fund to the "Georgia Firefighter's Pension Fund". FEBRUARY 11, 1997 249 HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and others: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older. HB 411. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. HB 412. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in north west Georgia. HR 112. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th: A resolution designating the Jack Eubank Memorial Highway. HR 44. By Representative Pelote of the 149th: A resolution urging the Safety Fire Commissioner to alert the public to the dan ger of carbon monoxide poisoning. The following bills were introduced, read the first time and referred to committees: SB 247. By Senators Bowen of the 13th, Streat of the 19th, Huggins of the 53rd and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs. Referred to Committee on Public Safety. SB 248. By Senator Kemp of the 3rd: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide limits on certain campaign expenditures for certain state elections. Referred to Committee on Ethics. 250 JOURNAL OF THE SENATE SB 249. By Senator Kemp of the 3rd: A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or stor ing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure. Referred to Committee on Transportation. SB 250. By Senators Price of the 56th and Ray of the 48th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56. Referred to Committee on Reapportionment. SB 251. By Senator Price of the 56th: A bill to amend Article 1A of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by local Act of the General Assembly, so as to provide for requirements for the annexation of commercial real property into the corporate limits of a municipality by a local Act of the General Assembly; to provide a definition. Referred to Committee on State and Local Governmental Operations (General). SB 252. By Senators Taylor of the 12th, Egan of the 40th, Clay of the 37th and Thomas of the 10th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Drinking Water Act of 1977," so as to change certain definitions; to extend the duration of permits for operation of public water systems; to provide that the director of the Environmental Protec tion Division of the Department of Natural Resources shall require compliance by privately owned public water systems with certain conditions prior to issu ance of a permit. Referred to Committee on Natural Resources. SB 253. By Senators Johnson of the 2nd, Scott of the 36th, Taylor of the 12th and others: A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to selection of jurors, so as to provide for minimum stan dards for jury lists and jury boxes. Referred to Committee on Judiciary. SB 254. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for certain duties of health care insurers when primary eye care benefits are included in a health benefit plan; to provide civil relief and remedies for certain violations; to define certain terms; to provide a short title. Referred to Committee on Health and Human Services. FEBRUARY 11, 1997 251 SB 255. By Senators James of the 35th, Scott of the 36th and Fort of the 39th: 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 and duty of the Depart ment of Administrative Services with regard to state purchasing, so as to pro vide for legislative findings; to define certain terms; to provide purchasing guidelines for state agencies for paper containing postconsumer recycled fiber content. Referred to Committee on State and Local Governmental Operations (General). SB 256. By Senator Fort of the 39th: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to election for bonded debt, so as to provide that bond elections shall be held on the date of the November general election except under certain circum stances; to amend Code Section 21-3-11 of the Official Code of Georgia Annotat ed, relating to calling of municipal bond elections, so as to provide that bond elections shall be held on the date of the November general election except under certain circumstances. Referred to Committee on State and Local Governmental Operations (General). SB 257. By Senator Fort of the 39th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to prohibit the employment of ille gal aliens on public works for the state or any authority, county, municipality, school district, or other local government unit or political subdivision; to provide for an oath relative to the employment of illegal aliens on such public works; to provide for a penalty. Referred to Committee on State and Local Governmental Operations (General). SR 180. By Senators Ralston of the 51st, Taylor of the 12th, Clay of the 37th and Langford of the 29th: A resolution urging the United States Congress to adopt the balanced budget amendment. Referred to Committee on State and Local Governmental Operations (General). The following bills were read the first time and referred to committees. HB 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd 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 local consolidated governments to levy such tax. Referred to Finance and Public Utilities Committee. 252 JOURNAL OF THE SENATE HB 219. By Representative Smith of the 109th: A bill to amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to provide that units of local government which have activated waste man agement authorities may deactivate the same by ordinance or resolution. Referred to Natural Resources Committee. HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older. Referred to Insurance and Labor Committee. HB 272. By Representative Childers of the 13th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions and requirements for licensure in marriage and family therapy. Referred to Health and Human Services Committee. HB 273. By Representative Childers of the 13th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the reuse of unused unit dosage drugs in certain long-term care facilities. Referred to Health and Human Services Committee. HB 337. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain references to the Georgia Firemen's Pension Fund. Referred to Retirement Committee. HB 340. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to change the name of such pension fund to the "Georgia Firefighter's Pension Fund". Referred to Retirement Committee. HB 345. By Representatives Barfoot of the 155th, Mosley of the 171st, Hanner of the 159th and Bates of the 179th: A bill to amend Code Section 43-51-6.1 of the Official Code of Georgia Annotat ed, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. Referred to Consumer Affairs Committee. FEBRUARY 11, 1997 253 HB 349. By Representatives Baker of the 70th, Barnes of the 33rd, Martin of the 47th and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership. Referred to Judiciary Committee. HB 411. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. Referred to State and Local Governmental Operations Committee. HB 412. By Representative Jamieson of the 22nd: A bill to provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. Referred to State and Local Governmental Operations Committee. HB 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. Referred to Agriculture Committee. HR 44. By Representative Pelote of the 149th: A resolution urging the Safety Fire Commissioner to alert the public to the dan ger of carbon monoxide poisoning. Referred to Rules Committee. HR 112. By Representatives Jackson of the 112th, Williams of the 114th and Harbin of the 113th: A resolution designating the Jack Eubank Memorial Highway. Referred to Transportation Committee. HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in north west Georgia. Referred to Natural Resources Committee. 254 JOURNAL OF THE SENATE HB 432. By Representatives Sauder of the 29th, Wiles of the 34th, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. Referred to State and Local Governmental Operations Committee. HB 436. By Representatives Carter of the 166th and Shaw of the 176th: A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 446. By Representative Walker of the 87th: A bill to provide a new charter for the Town of Between. Referred to State and Local Governmental Operations Committee. HB 448. By Representative Ponder of the 160th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of of fice. Referred to State and Local Governmental Operations Committee. HB 457. By Representatives Ehrhart of the 36th, Shipp of the 38th, Sauder of the 29th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 37. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman FEBRUARY 11, 1997 255 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 123. Do pass. HB 188. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 159. Do pass as amended. SB 26. Do pass by substitute. SB 27. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 47. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 199. Do pass. SB 201. Do pass by substitute. SB 205. Do pass. SB 208. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 221. Do pass. SB 232. Do pass. SB 233. Do pass. SB 234. Do pass. SB 235. Do pass. HB 341. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman 256 JOURNAL OF THE SENATE Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 98. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Senator Hill of the 4th moved that Senator Gochenour of the 27th be excused from the Senate today, due to a medical treatment. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Gochenour was excused. The President assumed the Chair. The President called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not answering were Senators: Abernathy Gochenour (excused) Henson Johnson of 2nd Johnson of 1st Thompson Walker The Color Guard presented the Colors and led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Jeff McGrath sang a medley of patriotic songs. Senator Ray of the 48th introduced the chaplain of the day, Dr. Lamar Holley, pastor of the First Baptist Church, Lawrenceville, Georgia, who offered scripture reading and prayer. Senator Ralston of the 51st introduced the doctor of the day, Dr. Homer Gold, of Can ton, Georgia. Senator Burton of the 5th introduced James Blaylock, commended by SR 129, adopted previously, who addressed the Senate briefly. Senator Griffin of the 25th introduced the Milledgeville Rotary Club Officials, com mended by SR 115, adopted previously. Rotarian Brad Oliver addressed the Senate briefly. FEBRUARY 11, 1997 257 The following resolution was read and adopted: SR 181. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others: A resolution declaring February 11, 1997, as Albany-Dougherty County Day at the State Capitol. Senator Taylor of the 12th introduced Dougherty County Dignitaries, commended by SR 181. Senator Hill of the 4th introduced the family of the late Judge Harry DeLoach, com mended by SR 84, adopted previously. The following resolutions were read and adopted: SR 182. By Senators Johnson of the 2nd, Stokes of the 43rd, Thomas of the 10th and others: A resolution commending Norma Solomon White. SR 183. By Senator Tanksley of the 32nd: A resolution commending Mark Young, Marshall and Martha Hunt, J. B. Gil bert, Kathy Stuart, and the Buckhead Baseball T-League Red Sox Team. SR 184. By Senator Thompson of the 33rd: A resolution commending Candice Song Donehoo, Miss Cobb County 1997. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: Senate Local Consent Calendar TUESDAY, FEBRUARY 11, 1997 Fifteenth Legislative Day (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 221 Price, 28th COWETA COUNTY Amends an Act to create a Board of Commissioners of Coweta County, so as to change the provisions relating to the compensation of the members of the board of commissioners. SB 232 Griffin, 25th BALDWIN COUNTY Amends an Act creating county courts (now state courts) in certain designated counties of this state, so as to change compensation provisions relating to the solicitor-general of the State Court of Baldwin County. SB 233 Griffin, 25th PUTNAM COUNTY Makes provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magis trates. 258 JOURNAL OF THE SENATE SB 234 Griffin, 25th HANCOCK COUNTY Provides for the appointment of the initial chief magistrate of the Magistrate Court and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates. SB 235 Griffin, 25th JASPER COUNTY Makes provisions for the Magistrate Court of Jasper County, so as to change the provisions relating to the selection of subsequent chief magistrates. HB 341 Henson, 55th CITY OF CLARKSTON Amends an Act to create a new charter for the City of Clarkston, so as to change the method by which vacancies are filled in the office of Mayor or Councilman. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Dean Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Clay Crotts Egan Glanton Gochenour (excused) James Taylor On the passage of the local bills, the yeas were 47, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Tuesday, February 11, 1997 FIFTEENTH LEGISLATIVE DAY SB 19 Waste-Water Discharge--certain moratorium not apply certain facilities (Amendment) (Nat R--36th) FEBRUARY 11, 1997 259 HB 148 Alabama-Coosa-Tallapoosa River Basin Compact; enact (Nat R--12th) Murphy--18th HB 149 Apalachicola-Chattahoochee-Flint River Basin Compact; enact (Nat R--12th) Murphy--18th SB 14 Gaming Equipment--manufacturing, selling, transporting (ST&I--41st) SB 158 Sexual Offenses--seizure of motor vehicle used in prostitution (Judy--26th) SB 176 Day-Care, Group-Care Facility--prohibit certain employment, residence (Sub stitute) (S Judy--56th) SB 131 Public Funds--bonds, pledges of securities by depositories (Substitute) (B&FI-- 8th) SB 110 DUI--additional fines allocated by Brain and Spinal Injury Trust Fund (Judy-- 22nd) SR 144 CA: DUI--additional fees allocated to Spinal Injury Trust Fund (Judy--22nd) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others: A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotat ed, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities. The Senate Natural Resources Committee offered the following amendment: Amend SB 19 by striking line 4 of page 2 which reads as follows: "with any such capital outlay project.'", and inserting in lieu thereof the following: "2'wOWit--h --an--y--s--u--ch----ca--p--ita--l--o--u--tla--y--p--ro--j--ec--t,--w--h--ic--h--p--ro--j--ec--ts--a--re----st--ar--te--d--p--r--io--r --to--D--e--c--em--b--e--r --31--, On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver 260 JOURNAL OF THE SENATE Perdue Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Balfour Cagle Egan Guhl Land Price of 28th Ray Tanksley Not voting were Senators Abernathy and Gochenour (excused). On the passage of the bill, the yeas were 46, nays 8. The bill, having received the requisite constitutional majority, was passed as amended. HB 148. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Alabama-Coosa-Tallapoosa River Basin Compact. Senate Sponsor: Senator Taylor of the 12th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Ragan and Tanksley. Not voting was Senator Gochenour (excused). On the passage of the bill, the yeas were 53, nays 2. The bill, having received the requisite constitutional majority, was passed. FEBRUARY 11, 1997 261 HB 149. By Representatives Murphy of the 18th, Baker of the 70th, Walker of the 141st and others: A bill to amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Apalachicola-ChattahoocheeFlint River Basin Compact. Senate Sponsor: Senator Taylor of the 12th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Ragan and Tanksley. Those not voting were Senators: Abernathy Gochenour (excused) James Oliver On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed. At 12:16 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Thursday, February 13, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. 262 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 13, 1997 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of Tuesday, February 11, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 503. By Representatives Bannister of the 77th, Johnson of the 84th, Breedlove of the 85th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relat ing to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit. SB 169. By Senator Boshears of the 6th: A bill to amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, as amended, so as to repeal Section 6 of said Act providing a method of filling a vacancy on the board of commissioners. HB 138. By Representatives McBee of the 88th and Childers of the 13th: 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 for contin uing education requirements for respiratory care professionals. HB 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. HB 165. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend Code Section 48-8-102 of the Official Code of Georgia Annotated, relating to the levy of the homestead option sales and use tax, so as to repeal certain limitations with respect to the levy of such tax. FEBRUARY 13, 1997 263 HB 388. By Representatives Channell of the lllth, Royal of the 164th and Skipper of the 137th: 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 provisions regarding the amount payable for redemption. HB 425. By Representatives Snelling of the 99th and Worthan of the 98th: 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 297. By Representative Lucas of the 124th: A bill to amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities. HB 211. By Representatives Grindley of the 35th, Randall of the 127th, Jenkins of the 110th and others: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to author ize the court to require that a person convicted of a first offense of aggravated child molestation when the victim is 14 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent as a condition of eligibility for probation. HB 57. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in landfills having a liner which meets certain re quirements. HB 79. By Representatives Hegstrom of the 66th, Baker of the 70th, Sherrill of the 62nd and others: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes. HB 106. By Representative Jones of the 71st: A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide that an enrollee of a health maintenance organization who does not receive health care services within seven days after requesting the same may seek such services from any provider and the cost shall be borne by such health maintenance organization. 264 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 159. By Representative Poag of the 6th: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". HR 105. By Representative Floyd of the 138th: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. HR 281. By Representatives Irvin of the 45th, Birdsong of the 123rd, Crews of the 78th and others: A resolution declaring February, 1997, to be "Reserve Officers Association Month". The following bills were introduced, read the first time and referred to committees: SB 258. By Senators Dean of the 31st and Marable of the 52nd: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correc tional institution to confinement under the jurisdiction of the Department of Corrections. Referred to Committee on Corrections, Correctional Institutions & Property. SB 259. By Senator Price of the 56th: A bill to amend Article 14 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational grants, so as to provide for a program of pub lic tuition assistance at nonpublic schools for eligible students of certain public schools; to provide for legislative findings; to provide for definitions; to provide for an application process; to provide for approved schools; to provide for eligibil ity of students. Referred to Committee on Education. SB 260. By Senator Price of the 56th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a pilot program of medical assistance accounts for recipients of medical assist ance; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for program eligibility; to provide for program admin istration and contracts. Referred to Committee on Health and Human Services. FEBRUARY 13, 1997 265 SB 261. By Senators Harbison of the 15th, Oliver of the 42nd and Thomas of the 10th: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the rights, benefits, purposes, and powers of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority and to subject the directors thereof to certain restrictions involving conflicts of inter est; to provide for statutory construction. Referred to Committee on Judiciary. SB 262. By Senators Stokes of the 43rd and Henson of the 55th: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to provide for job training and retraining programs for the benefit of state employ ees displaced by privatization of operations of state institutions; to provide for a feasibility study; to provide for implementation of an employee assistance pro gram. Referred to Committee on State and Local Governmental Operations (General). SB 263. By Senators Perdue of the 18th, Marable of the 52nd, Dean of the 31st and others: A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, so as to provide that certain sports officials qualify as independent contractors and not as employees. Referred to Committee on Insurance and Labor. SB 264. By Senator Fort of the 39th: A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxes, so as to provide that referendums on the adoption of such taxes shall be conducted in conjunction with a general election; to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use taxes, so as to provide that referendums on the adoption of such taxes shall be conducted in conjunction with a general election. Referred to Committee on Finance and Public Utilities. SB 265. By Senator Egan of the 40th: A bill to amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to the rules of inheritance applicable when a decedent dies without a will, as amended, so as to change the provisions relating to a spouse's inheri tance. Referred to Committee on Special Judiciary. SB 266. By Senator Egan of the 40th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for unlawful actions involving alcoholic beverages and un derage persons, so as to provide for the suspension or revocation of the state and local alcoholic beverage licenses of any licensee who provides alcoholic beverages to an underage person. Referred to Committee on Special Judiciary. 266 JOURNAL OF THE SENATE SR 185. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th: A resolution creating the Coastal Region Aquarium and Maritime Facility Study Commission; to provide legislative findings; to provide for the purpose of the commission; to provide for the membership of the commission; to provide for the powers and duties of the commission; to provide for staff personnel; to provide for a report and recommendations; to provide for allowances for certain commis sion members; to provide for a termination date. Referred to Committee on Natural Resources. The following bills were read the first time and referred to committees: HB 57. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in landfills having a liner which meets certain re quirements. Referred to Natural Resources Committee. HB 79. By Representatives Hegstrom of the 66th, Baker of the 70th, Sherrill of the 62nd and Byrd of the 170th: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes. Referred to Transportation Committee. HB 106. By Representative Jones of the 71st: A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide that an enrollee of a health maintenance organization who does not receive health care services within seven days after requesting the same may seek such services from any provider and the cost shall be borne by such health maintenance organization. Referred to Insurance and Labor Committee. HB 138. By Representatives McBee of the 88th and Childers of the 13th: 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 for contin uing education requirements for respiratory care professionals. Referred to Consumer Affairs Committee. HB 165. By Representatives Stancil of the 16th and Pinholster of the 15th: A bill to amend Code Section 48-8-102 of the Official Code of Georgia Annotated, relating to the levy of the homestead option sales and use tax, so as to repeal certain limitations with respect to the levy of such tax. Referred to Finance and Public Utilities Committee. FEBRUARY 13, 1997 267 HB 211. By Representatives Grindley of the 35th, Randall of the 127th, Jenkins of the 110th and others: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to author ize the court to require that a person convicted of a first offense of aggravated child molestation when the victim is 14 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent as a condition of eligibility for probation. Referred to Judiciary Committee. HB 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. Referred to Health and Human Services Committee. HB 297. By Representative Lucas of the 124th: A bill to amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities. Referred to Banking and Financial Institutions Committee. HB 388. By Representatives Channell of the lllth, Royal of the 164th and Skipper of the 137th: 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 provisions regarding the amount payable for redemption. Referred to Finance and Public Utilities Committee. HB 425. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax. Referred to Finance and Public Utilities Committee. HB 503. By Representatives Bannister of the 77th, Johnson of the 84th, Breedlove of the 85th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relat ing to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit. Referred to State and Local Governmental Operations Committee. HR 105. By Representative Floyd of the 138th: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. Referred to State and Local Governmental Operations (General) Committee. 268 JOURNAL OF THE SENATE HR 159. By Representative Poag of the 6th: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". Referred to Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 426. Do pass as amended. Respectfully submitted, Senator Ragan of the llth District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 52. Do pass by substitute. SB 62. Do pass by substitute. HB 172. Do pass by substitute. HB 173. Do pass by substitute. HB 174. Do pass. SR 145. Do pass by substitute. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 214. Do pass as amended. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 143. Do pass by substitute. SR 165. Do pass. SR 166. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman FEBRUARY 13, 1997 269 Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 104. Do pass by substitute. Respectfully submitted, Senator Middleton of the 50th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 155. Do pass by substitute. Respectfully submitted, Senator Langford of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 127. Do pass by substitute. SB 67. Do pass by substitute. SB 90. Do pass. SB 105. Do pass as amended. SB 28. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 252. Do pass as amended. SR 86. Do pass as amended. HB 212. Do pass. HR 174. Do pass. HR 258. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 200. Do pass. HB 62. Do pass. HB 187. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman 270 JOURNAL OF THE SENATE Mr. President: The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 58. Do pass by substitute. SB 117. Do pass. SB 217. Do pass. SR 64. Do pass. HB 178. Do pass by substitute. HB 329. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 63. Do pass. SR 48. Do pass. SR 62. Do pass. SR 9. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman The following bills and resolutions were read the second time: SB 26 SB 208 SB 27 SR 37 SB 159 HB 98 SB 199 HB 123 SB 201 HB 188 SB 205 HR 47 The President called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Not answering was Senator Thompson. Joy Hill, daughter of Sergeant at Arms, Matthew Hill, sang a gospel song. Senator James of the 35th introduced the chaplain of the day, Reverend Walter Kimbrough, minister of Cascade United Methodist Church, Atlanta, Georgia, who offered scrip ture reading and prayer. FEBRUARY 13, 1997 271 Senator Ray of the 48th introduced the doctor of the day, Dr. Larry Anderson, Lithonia, Georgia. The following resolutions were read and adopted: SR 186. By Senators Oliver of the 42nd, Henson of the 55th, Stokes of the 43rd and others: A resolution recognizing the contribution of America's Youth PASSPORT. SR 188. By Senator Ragan of the llth: A resolution commending Ms. Anne Rice. SR 189. By Senator Bowen of the 13th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Angie Ellis, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens. SR 190. By Senator Ralston of the 51st: A resolution honoring Barbara H. Talley. SR 191. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others: A resolution commending the Georgia County Welfare Association, Inc. SR 192. By Senators Gillis of the 20th, Harbison of the 15th, Turner of the 8th and Dean of the 31st: A resolution congratulating Alice Sharpe Blount on the occasion of her 90th birthday. SR 193. By Senator Bowen of the 13th: A resolution recognizing and commending Julie Ann Akins, 1997 Georgia Watermelon Queen. HR 281. By Representatives Irvin of the 45th, Birdsong of the 123rd, Crews of the 78th and Smith of the 175th: A resolution declaring February, 1997, to be "Reserve Officers Association Month". Senator James of the 35th introduced a group representing African American Entre preneurs, commended by SR 40, adopted previously. Senator Hooks of the 14th introduced Johnny L. Dodson, Recipient of 1996 Georgia Occupational Award of Leadership award, commended by SR 68, adopted previously. The following resolution was read and adopted: SR 187. By Senator Taylor of the 12th: A resolution commending the 1996 Terrell Academy football team and inviting the team and its coaches to appear before the Senate. Senator Taylor of the 12th introduced Terrell Academy Football Team. 272 JOURNAL OF THE SENATE Senator Cagle of the 49th introduced a group representing the Hall County Leadership. Senator Marable of the 52nd introduced a group representing the Georgia County Wel fare Association, commended by SR 191, adopted previously. SENATE RULES CALENDAR Thursday, February 13, 1997 SIXTEENTH LEGISLATIVE DAY SB 158 Sexual Offenses -- seizure of motor vehicle used in prostitution (Judy--26th) SB 18 Juvenile Rehabilitation Camp -- commission of certain acts (SubstituteXJudy-- 36th) SB 176 Day-Care, Group-Care Facility -- prohibit certain employment, residence (Substitute)(Amendment)(S Judy--56th) SB 131 Public Funds -- bonds, pledges of securities by depositories (Substitute)(B&FI-- 8th) SB 110 DUI--additional fines allocated by Brain and Spinal Injury Trust Fund (Judy-- 22nd) SR 144 CA: DUI--additional fees allocated to Spinal Injury Trust Fund (Judy--22nd) SB 132 Felony Trial of Juvenile--superior court jurisdiction (SubstituteXJudy--44th) SB 196 Used Motor Vehicle--certain disclosure to person purchasing, leasing (C Aff-- 37th) SB 218 Fair Business Practices Act--consumer reporting agencies (Substitute) (F&PU--16th) SB 134 County Law Libraries--funding for codification of county ordinances (Substi tuteXJudy--42nd) SB 166 Self-Insurers Guaranty Trust Fund-- levy of penalties, fines (Amend ment XI&L--29th) SB 116 Transportation--designated travel lanes for certain vehicles (AmendmentXTrans--33rd) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements rela tive to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions. FEBRUARY 13, 1997 273 The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Cagle Griffin Johnson of 2nd Oliver Perdue On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 18. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that juveniles found to have committed certain acts may be ordered to be incarcerated in juvenile rehabilitation camps; to provide that upon a second and subsequent such find ing, the juvenile shall be ordered incarcerated in such a camp. The Senate Judiciary Committee offered the following substitute to SB 18: A BILL To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that juveniles found to have committed certain acts shall be ordered to be incarcerated in juvenile rehabilitation camps; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for the development and implementation of juvenile rehabilitation camps; 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. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting immediately following Code Section 15-11-37 a new Code section to read as follows: 274 JOURNAL OF THE SENATE "15-11-37.1. (a) The provisions of this Code section shall be applicable to juveniles found to have com mitted any of the following violations which, if committed by an adult, would constitute a felony: (1) Aggravated assault in violation of Code Section 16-5-21; (2) Aggravated battery in violation of Code Section 16-5-24; (3) Kidnapping in violation of Code Section 16-5-40; (4) Hijacking a motor vehicle in violation of Code Section 16-5-44.1; (5) Child molestation in violation of Code Section 16-6-4; (6) Burglary in violation of Code Section 16-7-1; (7) Criminal damage to property in the first degree in violation of Code Section 16-7-22; (8) Criminal damage to property in the second degree in violation of Code Section 16-723; (9) Vandalism to a place of worship in violation of Code Section 16-7-26; (10) Arson in the first degree in violation of Code Section 17-7-60; (11) Arson in the second degree in violation of Code Section 16-7-61; (12) Theft by taking in violation of Code Section 16-8-2; (13) Entering an automobile or other motor vehicle with the intent to commit a theft or felony in violation of Code Section 16-8-18; (14) Robbery in violation of Code Section 16-8-40; (15) Armed robbery, if not committed with a firearm, in violation of Code Section 16-841; (16) Any violation of Part 3 of Article 4 of Title 16, relating to the carrying and posses sion of a firearm; (17) Any violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Sub stances Act'; and (18) As provided in paragraphs (3) and (4) of subsection (b) of this Code section only, those offenses listed in subparagraph (A) of paragraph (2) of subsection (b) of Code Section 15-11-5. (b)(l) Any time a juvenile aged ten through 16 years has been found to have committed the offenses of aggravated assault, aggravated battery, kidnapping, hijacking a motor vehicle, aggravated child molestation, armed robbery if not committed with a firearm, or any violation of Part 3 of Article 4 of Title 16, relating to the carrying and possession of a firearm, and the court does not order restrictive custody for the commission of a designated felony act, the court shall on the first and each subsequent such finding order the juvenile to be incarcerated in a juvenile rehabilitation camp established pur suant to Article 2 of Chapter 4A of Title 49 for a period not less than six months, and such order shall not be probated. (2) Any time a juvenile aged ten through 16 years has been found to have committed any offense listed in subsection (a) of this Code section other than an offense listed in paragraph (1) of this subsection, the court may on the first such finding and shall on the second and each subsequent such finding order the juvenile to be incarcerated in a juvenile rehabilitation camp established pursuant to Article 2 of Chapter 4A of Title 49 for a period not less than six months, and such order shall not be probated. (3) Any time a juvenile has been found to have committed an offense in listed in subparagraph (A) of paragraph (2) of subsection (b) of Code Section 15-11-5 and such juve nile is between the ages of ten and 12 years or is transferred from the jurisdiction of the superior court to the jurisdiction of the juvenile court, the court shall on the first and each subsequent such finding order the juvenile to be incarcerated in a juvenile FEBRUARY 13, 1997 275 rehabilitation camp established pursuant to Article 2 of Chapter 4A of Title 49 for a period not less than six months, and such order shall not be probated. (4) The provisions of this subsection shall not apply to a superior court with regard to the offenses over which such court has exclusive jurisdiction as provided in subparagraph (b)(2)(A) of Code Section 15-11-5; provided, however, that the superior court may, in its sound discretion, sentence a juvenile adjudicated guilty of such violations to be incarcerated in a juvenile rehabilitation camp established pursuant to Article 2 of Chapter 4A of Title 49 for a period not less than six months." SECTION 2. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by designating the existing portion of such chapter as Article 1 and by inserting at the end thereof the following: "ARTICLE 2 49-4A-30. As used in this chapter, the term: (1) 'Camp' means a juvenile rehabilitation camp established pursuant to Code Section 42-13-4. (2) 'Commissioner' means the commissioner of children and youth services. (3) 'Department' means the Department of Children and Youth Services. (4) 'Trainee' means a juvenile offender incarcerated in a camp. 49-4A-31. The department shall have the authority and responsibility to develop, construct, equip, and staff throughout the state juvenile rehabilitation training camps designed to punish and rehabilitate juvenile offenders aged ten through 16 years. The program shall have three main components: body, mind, and spirit. The body will be improved through rigor ous physical training and work schedules, the mind will be improved through educational offerings which include remedial instruction designed to enable the trainee to compete aca demically when he or she is returned to the public schools or, where appropriate, through instruction leading to a general educational development (GED) equivalency diploma and vocational training. The spirit will be strengthened through the self-confidence that natu rally flows from facing tough situations and succeeding, from a sense of self-discipline born from forced discipline and work, and from the availability of voluntary religious counseling. The department shall provide post-incarceration services, to reinforce the lessons learned by the trainee once he or she returns to the home environment. Where practical, an of fender shall be incarcerated in a camp outside of the geographic area of his or her home. Trainees shall not be allowed to have visitors, and telephone communication shall be lim ited. Such camps shall include, as a minimum, the following: (1) Trainees shall be issued uniforms and will be given a short, uniform haircut; (2) Trainees shall be given a military regimen, including drill training and physical training; (3) Trainees shall be given educational and vocational instruction with the goal of re turning to the public schools with sufficient foundation to succeed academically; (4) Trainees shall be required to perform significant work details every day except Sun days; and (5) Every moment of every day of a trainee's life in the camp shall be regimented. 49-4A-32. The commissioner shall develop a plan for implementing the provisions of this chapter and shall submit such report to the presiding officer of each chamber of the General Assembly and to the Governor not later than January 1, 1998." 276 JOURNAL OF THE SENATE SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated, this Act shall become effective upon its approval by the Governor or upon its be coming 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 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brown of 26th Brush Griffin Johnson of 2nd Stokes Thomas of 10th Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 176. By Senators Price of the 56th, Oliver of the 42nd, Johnson of the 1st and others: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to prohibit certain persons from residing at or being domiciled or employed at any place, including, but not limited to, any private residence, day-care center, family day-care home, group-care facility, or group day-care home. The Senate Special Judiciary Committee offered the following substitute to SB 176: A BILL To be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to make it unlawful for the operator of a facility which provides care for certain children to have any person reside at, be domiciled at, or be employed at such a FEBRUARY 13, 1997 277 facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to any of certain serious crimes; to define certain terms; to provide a penalty; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide that no center nor the operator thereof shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to a specified offense or allow any such person to reside or be domiciled at such center; to provide that the Department of Human Resources is author ized to deny the issuance of or to revoke any permit or license issued to any such center violating such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, is amended by adding, following Code Section 16-12-1, a new Code Section 16-12-1.1 to read as follows: "16-12-1.1. (a) As used in this Code section the term: (1) 'Facility' means any day-care center, family day-care home, group-care facility, group day-care home, or similar facility at which any child who is not a member of an operator's family is received for pay for supervision and care, without transfer of legal custody, for fewer than 24 hours per day. (2) 'Operator' means any person who applies for or holds a permit or license to operate a facility. (b) It shall be unlawful for any operator of a facility to have any person reside at, be domiciled at, or be employed at any such facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to: (1) A violation of Code Section 16-4-1, relating to criminal attempt, when the crime attempted is any of the crimes specified in paragraphs (2) through (10) of this subsection; (2) A violation of Code Section 16-5-23.1, relating to battery, when the victim at the time of such offense was a minor; (3) A violation of any provision of Chapter 6 of this title, relating to sexual offenses, when the victim at the time of such offense was a minor; (4) A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; (5) A violation of Code Section 16-5-1, relating to murder; (6) A violation of Code Section 16-5-2, relating to voluntary manslaughter; (7) A violation of Code Section 16-6-2, relating to aggravated sodomy; (8) A violation of Code Section 16-6-3, relating to rape; (9) A violation of Code Section 16-6-22.2. relating to aggravated sexual battery; or (10) A violation of Code Section 16-8-41, relating to armed robbery, if committed with a firearm. (c) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor." 278 JOURNAL OF THE SENATE SECTION 2. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by adding, following Code Sec tion 49-5-65, a new Code Section 49-5-65.1 to read as follows: "49-5-65.1. No center nor the operator thereof shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Sec tion 16-12-1.1 or allow any such person to reside or be domiciled at such center in viola tion of Code Section 16-12-1.1. The department is authorized to deny the issuance of or to revoke any permit or license issued to any center violating the provisions of this Code section." SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Price of the 56th offered the following amendment: Amend the Senate Committee on Special Judiciary substitute to SB 176 by adding on line 5 of page 1 between the word "to" and the word "have" the word "knowlingly." By adding on line 8 of page 1 between the word "to" the word "any" the following: "or has been adjudicated a delinquent for" By adding at the end of line 5 of page 2 following the word "to" the word "knowlingly" By adding on line 8 of page 2 between the work "to" and the colon the following: "or has been adjudicated a delinquent for" By striking from line 33 of page 2 the following: "(a)", and inserting in lieu thereof the following: "(b)" On the adoption of the amendment, the yeas were 38, nays 0, and the Price amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land FEBRUARY 13, 1997 279 Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Brush and Henson. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. At 12:35 P.M., the President announced that the Senate would stand in recess until 2:00 P.M. Senator Perdue of the 18th, President Pro Tempore, called the Senate to order at 2:00 P.M. Senator Ralston of the 51st moved that Senator Thomas of the 54th be excused from the Senate due to illness. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Thomas was excused. The Calendar was resumed. SB 131. By Senators Turner of the 8th, Cheeks of the 23rd, Lamutt of the 21st and others: A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to the accounting for public funds, so as to provide definitions of new terms; to revise provisions relative to bonds or pledges of securities by deposito ries; to provide for the pooling of collateral for qualifying depositories; to provide for the determination of amounts of collateral. The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 131: A BILL To be entitled an Act to amend Chapter 8 of Title 45 of the Official Code of Georgia Anno tated, relating to the accounting for public funds, so as to provide definitions of new terms; to revise provisions relative to bonds or pledges of securities by depositories; to provide for the preservation of the existing dedicated method of securing deposits of public funds and for an additional method of pooling of collateral for qualifying depositories; to provide for the determination of amounts of collateral; to provide for custodian agreements; to provide for substitutions of collateral and notification relative to such substitutions; to provide for certain additional powers of the director; to provide for limited liability for public officials relating to collateralization of public funds by the dedicated or pooled method; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to the accounting for public funds, is amended by striking in its entirety Code Section 45-8-1, relating to definitions, and inserting in its place a new Code Section 45-8-1 to read as follows: 280 JOURNAL OF THE SENATE "45-8-1. As used in this chapter, the term: (1) 'Collecting officer' means any person who is either generally or specifically elected, appointed, or employed, in whole or in part, to collect any tax, revenue, or other mon eys on behalf of the state or any of its political subdivisions or on behalf of any board, commission, bureau, or department thereof. The term shall not mean any state, mu nicipality, or county tax collector or revenue agent pursuant to Title 48. (2) 'County authority' means the judge of the probate court or the board of county com missioners or other tribunal, body, or officer having jurisdiction over the fiscal affairs of the county. (3) 'Custodian' means the director of the Office of Treasury and Fiscal Services or any bank, savings association, or trust company that: (A) Is organized and existing under the laws of this state, any other state, or the United States; (B) Has executed all forms required under this chapter or any rule adopted under this chapter; (C) Agrees to be subject to the jurisdiction of the courts of this state or of courts of the United States which are located within this state for the purpose of any litigation arising out of this chapter; and (D) Has been approved by the director to act as a custodian; and which holds a pool of collateral for public deposits established by a depository pur suant to Code Section 45-8-13. (4) 'Daily pool balance' means the daily balance of deposits of public funds held by a depository which balance is secured by the pooled method as specified in paragraph (2) oT subsection (b) of Code Section 45-8-13. Insured deposits and deposits of public funds for which no collateral is required under subsection (b) or (d) of Code Section 45-8-12 or special deposits and operating funds for which collateral has been duly waived pursu ant to subsection (b) of Code Section 45-8-11 or paragraph (3) of Code Section 50-17-53 snail be excluded from the balance of deposits of public funds for purposes of determin ing the daily pool balance. (5) 'Default' includes, without limitation, the failure or refusal of a public depository to pay any check or warrant drawn upon sufficient and collected funds by any public de positor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such deposi tory from making payments of deposit liabilities; or the appointment of a receiver for such depository? (6) 'Depository' means any bank designated, named, or appointed from time to time: (A) By the State Depository Board as qualified to serve as a depository of state funds pursuant to Code Section 50-17-50; (B) By county authorities or others as depositories for county and other public funds pursuant to Code Section 45-8-14; or (C) By collecting officers and officers holding public funds as a depository for public funds pursuant to Code Section 45-8-fL (7) 'Director' means the director of the Office of Treasury and Fiscal Services. (3) (8) 'Officer to hold public funds' means not only the director of the Office of Treasury ancTFiscal Services, municipality or county treasurers, the State School Superinten dent, municipality or county school superintendents, and treasurers of school districts, but also every other person, by whatever name or title called, who shall be either gen erally or specially elected, appointed, or employed with the duty, in whole or in part, to receive, hold, or disburse any public money or revenue on behalf of the state or any of FEBRUARY 13, 1997 281 its political subdivisions or on behalf of any board, commission, bureau, or department. (4) (9) 'Proper authority" means the officer, board, commission, or other tribunal or body"having the jurisdiction to act in the particular matter. (5) (10) 'Public body' means not only the state, municipalities, counties, school districts, drainage districts, and other districts created for special purposes, but also every other political subdivision of the state and every board, bureau, commission, and department of the state or any subdivision thereof, as the context may require. (6) (11) 'State authority' means the officer or officers or board, bureau, commission, or other person or persons who, in their official capacity, shall have, according to the laws of this state, the duty or jurisdiction to act on behalf of the state in the particular matter." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 45-8-13, relating to deposit of securities by banks or depositories, and inserting in its place a new Code section to read as follows: "45-8-13. (a) Any bank depository in this state is authorized to give such bond or to secure deposits oFpublic funds by deposits of securities, whether the securities are owned by the bank with depository into which the public funds are deposited or are owned by another bank, and the proper authorities are authorized to make contracts with depositories as to inter est or compensation of the depository. (b) Depositories may secure deposits of public funds using the dedicated method or the pooled method as enumerated in this subsection: (1) Under the dedicated method, a depository shall secure the deposits of each of its public depositors separately. It is intended that the dedicated method is the method permitted under Code Section 45-8-12 and that this method will not be affected by this subsection; or (2) Under the pooled method, a depository shall secure deposits of public funds of pub lic bodies which have deposits with it through a pool of collateral established by the ctepository with a custodian for the benefit of public bodies having deposits with such depository as set forth in Code Section 45-8-13.1. If a depository elects the pooled method, it may use the pooled method with some public depositors and the dedicated method with other public depositors. (c) No depository shall be required to use the pooled method. However, any depository that offers the pooled method shall also offer the dedicated method." SECTION 3. Said chapter is further amended by adding immediately following Code Section 45-8-13, relating to deposit of securities by banks or depositories, a new Code section to read as follows: "45-8-13.1. (a) Only depositories which have met the qualifications imposed by this Code section may use the pooled method. If a depository elects the pooled method, it shall notify the direc tor in writing of its desire to utilize the pooled method and the proposed effective date thereof and provide to the director executed copies of the custodial agreement, resolution, and other agreements and data as may be required by the director. Upon meeting the qualifications of this Code section, the director shall issue a certificate of qualification, and such bank or trust company shall become a depository permitted to use the pooled method. 282 JOURNAL OF THE SENATE (b) The aggregate of the market value of the securities pledged to secure a pool of public funds shall be not less than 110 percent of the daily pool balance. (c)(l) A depository may not retain any deposit of public funds which is required to be secured unless, within ten days thereafter or such shorter period as has been agreed upon by the depository and the public depositors secured by the pool, it has deposited for the benefit of the pool eligible collateral equal to its required collateral pursuant to this Code Section. (2) For reporting purposes, each depository using the pooled method shall determine the market value of its collateral. Each depository shall provide such monthly reports to the director as the director shall require. (3) A depository may not substitute or withdraw collateral previously pledged as part of a pool without the prior approval of the director. The director shall grant such ap proval if: (A) In the case of substitution of collateral, the market value of the substituted col lateral is equal to or greater than the market value of the collateral withdrawn; and (B) In the case of withdrawal of collateral: (i) The depository certifies in writing that such withdrawal will not reduce its col lateral below its required collateral; and (ii) This certification is substantiated by a statement of the depository's current daily pool balance that indicates that after withdrawal such deposits will continue to be secured to the full extent required by law. (d) The director shall be authorized to delegate to any bank, savings association, trust company, or other qualified firm, corporation, or association which is authorized to transact business in the State of Georgia such of its rights and responsibilities with respect to the pooled method as the director deems appropriate including, without limi tation, the right to approve or disapprove any substitutions or withdrawals permitted under this Code section. Fees and expenses of the bank, savings association, trust company, or other qualified firm, corporation, or association to which the director dele gates its rights and responsibilities under this subsection shall be paid by the deposito ries using the pooled method. (e) The director, upon a default by a depository using the pooled method, shall request immediate delivery of such part of the pooled, pledged collateral as may be needed to hold the director or any public depositor harmless from losses incurred by the default. The director shall have full discretion as to the amounts and securities to be delivered. The director shall sell as much of the collateral as is needed to provide cash to cover the amount of the default and expenses resulting therefrom. From the proceeds of the sale of such collateral, the director shall pay any amounts owing to public depositors who participated in the pooled fund of the defaulting depository. Public depositors whose deposits are secured by a pledging pool of a defaulting depository shall look solely to the assets of such pledging pool and to the assets of the defaulting depository and shall have no claim, ex contractu or otherwise, against the state, other deposito ries, or the assets of pledging pools created by other depositories. (f) In addition to all of the rights provided to the director in this chapter, the director shall have the following powers: (1) To adopt such rules and prescribe such forms as may be necessary to accomplish the purposes of this chapter; (2) To decline, accept, or reduce the reported value of collateral, as circumstances may require, in order to ensure the pledging of sufficient marketable collateral to meet the purposes of this chapter; (3) To suspend or disqualify any custodian or depository that has violated any provi sion of this chapter or any rule adopted pursuant to this chapter; FEBRUARY 13, 1997 283 (4) To require depositories to furnish detailed monthly reports of public deposits held by depositors' names, addresses, amounts, and any additional information requested by the director; (5) To confirm deposits of public funds to the extent possible under current law; and (6) To monitor and confirm as often as deemed necessary by the director the pledged collateral held by third-party custodians. (g) Neither the provisions of this Act nor the exercise of any right or duty by the direc tor authorized or permitted by Code Section 45-8-13 or 45-8-13.1 shall be construed as a waiver of sovereign immunity." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 45-8-17, relating to liability of public authorities or members thereof for official actions, and substituting in lieu thereof a new Code section to read as follows: No proper authority, including the director, nor any member of a board or tribunal con stituting such a proper authority shall, where acting in good faith, incur any liability by reason of designating any depository, permitting deposits of public funds to be collateralized by the direct method or the pooled method, administering or regulating the pooled method, or taking any other official action required of such proper authority under this chapter." SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon the signature of the Governor or upon becoming law without such signature. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 10th Thompson Turner Tysinger Walker 284 JOURNAL OF THE SENATE Those not voting were Senators: Abernathy Griffin Johnson of 2nd Perdue (presiding) Taylor Thomas of 54th (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 110. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and distribution of fines and forfeitures, so as to author ize additional penalty assessments for violations involving driving under the in fluence of alcohol or drugs and for the allocation of such additional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Clay Johnson of 2nd Perdue (presiding) Ray Thomas of 54th (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 144. By Senators Walker of the 22nd and Stokes of the 43rd: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, to meet the costs of care and rehabilitative FEBRUARY 13, 1997 285 services for certain citizens of this state with brain or spinal cord injuries; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section LX, Paragraph VI of the Constitution is amended by adding at the end thereof the following: "(k) The General Assembly is authorized to provide by general law for additional penal ties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority 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 provide for additional penalties for ( ) NO offenses involving driving under the influence of alcohol or drugs and provide for their allocation to the Brain and Spinal Injury Trust Fund for care and rehabilitation purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat 286 JOURNAL OF THE SENATE Tanksley Taylor Thomas of 10th Thompson Turner Those not voting were Senators: Abernathy Clay Dean Johnson of 2nd Johnson of 1st Tysinger Walker Perdue (presiding) Thomas of 54th (excused) On the adoption of the resolution the yeas were 49, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 132. By Senators Starr of the 44th and Oliver of the 42nd: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the superior courts shall have exclusive jurisdiction over the trial of certain felony offenses involving juveniles; to provide for bail for juveniles who commit certain felony offenses; to provide that designated felonies are not subject to informal adjust ment without the consent of the district attorney. The Senate Judiciary Committee offered the following substitute to SB 132: A BILL To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the superior courts shall have exclusive jurisdiction over the trial of certain felony offenses involving juveniles; to provide for bail for juveniles who commit certain felony offenses; to provide that designated felonies are not subject to informal adjustment without notification to the district attorney; to provide for additional felony offenses to be considered designated felo nies; to provide for the use of certain juvenile records in subsequent criminal proceedings; to provide that district attorneys, the accused, and superior court judges shall have access to such records and may use such records in the same manner as adult records; to increase the supervision fees in juvenile court; to provide for the limited disclosure of certain juve nile court records of delinquency cases; to change the conditions under which law enforce ment records relating to juveniles shall be kept separate; to change the provisions relating to the inspection of juvenile records by law enforcement officers, school, and other officials; to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to the offense of battery, so as to change the penalties for battery on teachers and other school personnel; to amend Code Section 16-10-52, relating to escape, so as to provide for escape by juvenile offenders; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Juvenile Justice Act of 1997." SECTION 2. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (2) of subsection (b) of Code Section 15-11-5, relating to the jurisdiction of juvenile and superior court, and inserting in lieu thereof the following: FEBRUARY 13, 1997 287 "(2)(A) The superior court shall have exclusive jurisdiction over any mallei concerning the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses: (i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.I) The granting of bail or pre-trial release of a juvenile charged with an offense enu mCoedreatSedecitnionsu1b7-p6a-1r.--ag--r--ap--h--(--A--) --of--t--h--is--p--a--ra--g--ra--p--h--s--ha--ll--b--e--g--o--v--er--ne--d--b--y--t--he----pr--o--vi--si--o--ns--o--f (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subpara graph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-1137. (C) Before indictment, the district attorney may, after investigation and for extraordi nary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immedi ately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 1511-37. (D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this para graph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate." SECTION 3. Said article is further amended by inserting after subsection (c) of Code Section 15-11-14, relating to informal adjustment of certain juvenile cases, a new subsection (d) to read as follows: "(d) If a child is alleged to have committed a designated felony act as defined in Code Section 15-11-37, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative." 288 JOURNAL OF THE SENATE SECTION 4. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felonies in juvenile court, and inserting in lieu thereof the following: "(2) 'Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 1611-132 if committed by a person 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, or battery in violation of Code Section 16-523.1 if the victim is a teacher or other school personnel, 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; (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 (vii) Any other act which, if done by an adult, would be a felony, if the juvenile com mitting the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; or (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the juvenile involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a viola tion of Code Section 16-7-85 or 16-7-87; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursu ant to subparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the supe rior 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:; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-897 relating to theft, if the property which was the subject of the theft was a motor vehicle." SECTION 5. Code Section 15-11-38 of the Official Code of Georgia Annotated, relating to the nature and effect of adjudication in juvenile courts, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a pro ceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be FEBRUARY 13, 1997 289 available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records." SECTION 6. Said article is further amended by striking subsection (b) of Code Section 15-11-56.1, relat ing to supervision fees in juvenile courts, and inserting in lieu thereof the following: "(b) The juvenile court may order each delinquent or unruly child who receives supervi sion under paragraph (2) of subsection (a) of Code Section 15-11-14, paragraph (2) 01 (5) of subsection (a) of Code Section 15-11-35, or Code Section 15-11-36 to pay: (1) An initial court supervision user's fee of not less than $0.00 $10.00 nor more than $100.00 $200.00; and (2) A court supervision user's fee of not less than $1.00 $2.00 nor more than $15.00 $30.00 for each month that the child receives supervision" to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and condi tions as shall assure that the funds for the payment are from moneys earned by the juvenile. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previ ously performed by said treasurer, who shall deposit the moneys into a county supple mental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in this subsection to juvenile offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services." SECTION 7. Said article is further amended by striking Code Section 15-11-58, relating to inspection of court files and records, in its entirety and inserting in lieu thereof the following: "15-11-58. (a) Except in cases arising under Code Section 15-11-49, and subject to the requirements oTsubsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the excep tion of any complaint, petition, and order from any case that was open to the public pursuant to subsection (c.l) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the 290 JOURNAL OF THE SENATE Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. (b) Notwithstanding any other provision of law, the complaint, petition, order of adjudi cation, and order of disposition in any delinquency case in which the child has been adju dicated to be delinquent for a violation of the criminal laws of this state shall be disclosed upon request of counsel for the state and the accused for use preliminarily to or in con junction with a subsequent juvenile or criminal proceeding in a court of record." SECTION 8. Said article is further amended by striking Code Section 15-11-59, relating to juvenile law enforcement records, in its entirety and inserting in lieu thereof the following: "15-11-59. (a) fcaw Except as provided in Code Section 15-11-58, law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.l) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be dis closed to the public. (c) Willi the uuiiaunt uf Lhe cumt, inspection Inspection of the records and files is permit ted by: (1) A juvenile court having the child before it in any proceeding; (2) Counsel for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom the child is committed; (4) Law enforcement officers of ulhui juiisdictiuns this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding; (6) Officials of penal institutions and other penal facilities to which the child is commit ted; or (7) A parole board in considering the child's parole or discharge or in exercising super vision over the child:; or (8) Any school superintendent, principal, assistant principal, school guidance coun selor, school social worker, school psychologist certified under Chapter 2 of Title 20, or school law enforcement officer appointed pursuant to Chapter 2, 3, or 8 of Title 20. (d) The court shall allow authorized representatives of the Department of Children and Youth Services, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles." SECTION 9. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to the offense of battery, is amended by inserting at the end thereof a new subsection (h) to read as follows: "(h) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both." FEBRUARY 13, 1997 291 SECTION 10. Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "16-10-52. (a) A person commits the offense of escape when he or she: (1) Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; (2) Being in lawful custody or lawful confinement prior to conviction, intentionally es capes from such custody or confinement; or (3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, intentionally escapes from lawful custody or from any place of lawful confinement; (4) Being in lawful custody or lawful confinement prior to adjudication, intentionally escapes from such custody or confinement; or (9) (5) Intentionally fails to return as instructed to lawful custody or lawful confine ment or to any residential facility operated by the Georgia Department of Corrections after having been released on the condition that he or she will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he or she did not intentionally fail to return. (a.l) Revocation of probation for conduct in violation of any provision of subsection (a) of this Code section shall not preclude an independent criminal prosecution under this Code section based on the same conduct. (b) A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years." SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 12. The provisions of this Act shall not affect or abate the status of a crime or delinquent act or of any such act or omission which occurred prior to the effective date of this Act, nor shall the prosecution of such crime or delinquent act be abated as a result of the provisions of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 292 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thompson Tysinger Walker Voting in the negative was Senator Fort. Those not voting were Senators: Abernathy Griffin Harbison James Johnson of 2nd Perdue (presiding) Stokes Thomas of 10th Thomas of 54th (excused) Turner On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 196. By Senators Clay of the 37th and Lamutt of the 21st: 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 require certain disclosures of information to any person or entity purchasing or leasing a motor vehicle from a used motor vehicle dealer; to require the maintenance of certain records and provide for the inspec tion thereof. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray FEBRUARY 13, 1997 293 Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brush Johnson of 2nd Perdue (presiding) Thomas of 54th (excused) Walker On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 218. By Senators Land of the 16th, Walker of the 22nd and Johnson of the 1st: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change certain provisions regarding consumer reporting agencies; to provide that cer tain violations of federal law shall also constitute unfair or deceptive acts or practices; to delete certain definitions; to provide for enforcement; to provide for limitations on damages and actions. The Senate Finance and Public Utilities Committee offered the following substitute to SB 218: 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, the "Fair Business Practices Act of 1975," so as to change cer tain provisions regarding consumer reporting agencies; to provide that certain violations of federal law shall also constitute unfair or deceptive acts or practices; to delete certain defi nitions; to provide for enforcement; to provide for limitations on damages and actions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by striking paragraphs (2.2) and (2.3) of subsection (a) of Code Section 10-1-392, relating to definitions, which read as follows: "(2.2) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit stand ing, 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 eligibility 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 information on consumers for the purpose of furnishing consumer reports to third parties.", 294 JOURNAL OF THE SENATE and inserting in their place new paragraphs (2.2) and (2.3) to read as follows: "(2.2) Reserved. (2.3) Reserved." SECTION 2. Said part is further amended by striking paragraph (29) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices, which reads as follows: "(29) With respect to any consumer reporting agency: (A) Any person who knowingly and willfully obtains information relative to a consumer 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 person not authorized to receive that information shall be guilty of a misdemeanor; and (C) Each consumer reporting agency which compiles and maintains files on consumers on a nation-wide basis shall furnish to any consumer who has provided appropriate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge; or", and inserting in its place a new paragraph (29) to read as follows: "(29) Any violation of 15 U.S.C. Sections 1681 through 1681u and any violation of regula tions prescribed thereunder; provided, however, that nothing in this part shall apply to actions or transactions which are specifically authorized under such federal statutes or regulations. The provisions of this paragraph are explicitly intended to supplement the provisions of the federal Consumer Credit Reporting Reform Act of 1996, 15 U.S.C. 1681. (B) The administrator is designated to act on behalf of the state under 15 U.S.C. 1681s(c); provided, however, that any penalties or damages imposed under this part shall not ex ceed the penalties or damages available to state enforcement agencies in 15 U.S.C. Sec tions 1681 through 1681u. (C) Notwithstanding any other provision in this part, no person may bring a private ac tion under this part for a violation of this paragraph unless such person has: (i) First waived the right to bring a private action under 15 U.S.C. Sections 1681 through 1681u; and (ii) Never brought nor has pending a private action under 15 U.S.C. Sections 1681 through 1681u for the violation; or". SECTION 3. This act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean FEBRUARY 13, 1997 295 Egan Fort Gillis Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Clay Glanton Harbison Johnson of 2nd Perdue (presiding) Taylor Thomas of 54th (excused) On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 134. By Senators Oliver of the 42nd, Starr of the 44th and Clay of the 37th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for funding for codification of county ordinances; to provide for a maximum cost for each action or case. The Senate Judiciary Committee offered the following substitute to SB 134: A BILL To be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Anno tated, relating to county law libraries, so as to change the provisions relating to the mem bership of the boards of trustees of county law libraries; to provide for the establishment and maintenance of county ordinance codes; to provide for funding for codification of county ordinances; to provide for a maximum cost for each action or case; to provide for collection of costs in certain cases in magistrate court; to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, so as to repeal Code Section 15-10-86, relating to law library fees in magistrate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking in its entirety Code Section 36-15-1, relating to the board of trustees of the county law library, and inserting in lieu thereof a new Code section to read as follows: "36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chiefjudge of the superior court of the circuit in which the county is located, the judge of the probate court, the senior judge of the state court, if any, the clerk of the superior court, and two practicing attorneys of the county. The practicing attorneys shall be se lected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chiefjudge of the superior court shall be chaiimai'i chairperson of 296 JOURNAL OF THE SENATE the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board." SECTION 2. Said Chapter is further amended by striking in its entirety subsection (a) of Code Section 36-15-7, relating to funding of county law libraries, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, sup plies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian, and for the purchase or leasing of computer related legal research equipment and programs, and, upon request of the county gov erning authority, for the establishment and maintenance of the codification of county ordinances." SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-15-9, relating to funding of county law libraries, and inserting in lieu thereof a new subsection (a) to read as follows: " For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00 in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, magistrate, and any other courts of record, except county recorders' courts or municipal courts, provided that no sums may be charged and collected in magistrate court for criminal or quasi-criminal actions or cases unless otherwise provided by local law. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of es tablishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county gov erning authority. The county ordinance code provided for in subsection (a) of Code Sec tion 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made." SECTION 4. Said chapter is further amended by inserting at the end of Code Section 36-15-9, relating to funding of county law libraries, a new subsection (g) to read as follows: "(g) In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit may direct that the fees authorized by this Code section be charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. The clerk of each and every court in such counties in which costs are collected for the purpose of FEBRUARY 13, 1997 297 carrying out the provisions of this subsection shall remit the same to the county gov erning authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed before any other disbursement or distribution of such fines or forfeitures is made." SECTION 5. Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, is amended by striking Code Section 15-10-86, relating to law library fees in magistrate court, which reads as follows: "15-10-86. Law library fees shall not be charged unless otherwise provided by local law.", and inserting in lieu thereof the following: "15-10-86. Reserved." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Oliver of the 42nd offered the following amendment: Amend the committee substitute to SB 134 by striking in their entirety lines 8 through 13 of page 1 and inserting in lieu thereof the following: "case; to provide an effective date; to repeal conflicting". By striking in their entirety lines 34 through 38 of page 2 and inserting in lieu thereof the following: "probate, and any other courts of record, except county recorders' courts or municipal courts. The amount". By striking in their entirety lines 35 to 37 of page 3 and inserting in lieu thereof the following: "first day of the month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal". By striking in their entirety lines 1 through 12 of page 4. By renumbering Sections 6 and 7 as Sections 5 and 6, respectively. On the adoption of the amendment the yeas were 38, nays 0, and the Oliver amend ment to the committee substitute was adopted. Senator Land of the 16th offered the following amendment: Amend the Committee Substitute to SB 134 by inserting on p. 2, line 17 after "authority" and before the "," the following: "and consent of the chairperson of the board of trustees of the county law library" On the adoption of the amendment, the yeas were 43, nays 0, and the Land amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. 298 JOURNAL OF THE SENATE 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 Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Egan Johnson of 2nd Perdue (presiding) Starr Thomas of 54th (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. SB 166. By Senator Langford of the 29th: A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to author ize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penal ties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund. The Senate Committee on Insurance and Labor offered the following amendment: Amend SB 166 by striking on line 15 of page 3 the word "from" and inserting in lieu thereof the word "of. On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton FEBRUARY 13, 1997 299 Gochenour Griffin Guhl Harbison Henson Hill Hooks Hugging James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Johnson of 2nd Perdue (presiding) Thomas of 54th (excused) On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 116. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation so as to change provisions relating to designa tion and use of travel lanes; to provide for the use of certain designated vehicle lanes by motor vehicles propelled with alternative fuel; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to pres tige license plates and special plates for certain persons and vehicles. The Senate Transportation Committee offered the following amendment: Amend SB 116 by striking from line 27 of page 3 and line 8 on page 4 the following word: "registration", and by inserting in lieu thereof in each place the following phrase: "highway user". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor 300 JOURNAL OF THE SENATE Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Broun of 46th Egan Hill Johnson of 2nd Perdue (presiding) Thomas of 54th (excused) Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Cheeks of the 23rd moved that the following bill of the Senate, having been read the third time on January 31, 1997 and placed on the Table, be taken from the Table: SB 8. By Senator Cheeks of the 23rd: A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances generally, so as to provide that sport shooting ranges com plying with existing law shall not be deemed nuisances as a result of changed circumstances; to limit rights of action against such ranges under certain cir cumstances; to provide for definitions. On the motion, the yeas were 28, nays 15; the motion prevailed, and SB 8 was taken from the Table and continued upon its passage. Senators Egan of the 40th and Oliver the 42nd offered the following amendment: Amend SB 8 by adding Section 4 as follows: "This law shall not apply in any county with population, according to the 1990 census, over 25,000." On the adoption of the amendment, the yeas were 12, nays 26, and the Egan, Oliver amendment to SB 8 was lost. Senator Land of the 16th offered the following amendment: Amend SB 8 by striking on p.2, line 23 in its entirety and inserting the following: "shall be applied retroactively to prohibit conduct at a" and striking on p.2, beginning on line 24 with "shall" through "operation" on line 25 and inserting in its place the following: "which conduct was lawful and being engaged in" Senator Land of the 16th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Land amendment to SB 8 was withdrawn. Senators Cheeks of the 23rd and Land of the 16th offered the following amendment: Amend SB 8 by striking lines 23 through 25 of page 2 which read as follows: "subsequent to the date of commencement of operation of a sport shooting range shall be applicable to any range which commenced operation prior to the adoption or", and inserting in lieu thereof the following: "shall be applied retroactively to prohibit conduct at a sport shooting range, which con duct was lawful and being engaged in prior to the adoption or". 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. FEBRUARY 13, 1997 301 On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Guhl Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Taylor Thompson Turner Tysinger Those voting in the negative were Senators: Brown of 26th Egan Fort Griffin Harbison Henson James Oliver Starr Stokes Tanksley Thomas of 10th Walker Those not voting were Senators: Broun of 46th Hill Johnson of 2nd Perdue (presiding) Thomas of 54th (excused) On the passage of the bill, the yeas were 38, nays 13. The bill, having received the requisite constitutional majority, was passed as amended. Senator Walker of the 22nd moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 3:35 P.M. the President announced the Senate adjourned. 302 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 14, 1997 Seventeenth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President The House has passed by the requisite constitutional majority the following bills of the House: HB 461. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Commerce," so as to annex certain property into the corporate limits of said municipality. HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. HB 241. By Representatives Smyre of the 136th, Skipper of the 137th, Buck of the 135th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresi dent member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall constitute taxable income. HB 183. By Representatives Randall of the 127th, Crews of the 78th, Murphy of the 18th, and others: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indict ed for a crime and subsequently released without charge or not prosecuted shall be entitled to have any criminal records relative to such case purged. FEBRUARY 14, 1997 303 HB 105. By Representatives Jones of the 71st, Walker of the 141st, Skipper of the 137th and others: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that it shall be unlawful for any judge or prosecuting attorney to publish a book or article for remuneration relating to any criminal prosecution until such prosecution is re solved. HB 274. By Representative Childers of the 13th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions. HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and others: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the divi dend expressly so provides. HB 54. By Representative Barnes of the 33rd: A bill to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to the use of county law library funds, so as to authorize the board of trustees of a county law library to grant excess county law library funds to char itable tax exempt organizations which provide legal representation for low-in come people. HB 71. By Representatives Murphy of the 18th and Shanahan of the 10th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objec tion to such calls to the Georgia Public Service Commission. The House has adopted by the requisite constitutional majority the following resolu tion of the Senate: SR 43. By Senator Cagle of the 49th: A resolution to extend the life of and change the reporting date for the Gainesville-Hall County Task Force on Governmental Unification created by SR 578 in 1996. 304 JOURNAL OF THE SENATE The following bills were introduced, read the first time and referred to committees: SB 267. By Senators Clay of the 37th, Johnson of the 1st, Ray of the 48th and others: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," so as to pro vide for the establishment of a social assistance register; to provide for the list ing in such register of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives. Referred to Committee on Health and Human Services. SB 268. By Senators Clay of the 37th, Johnson of the 1st, Cagle of the 49th and others: A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to prohibit the use of state funds for the mailing of certain information and materials by an elected constitutional state officer within a certain period prior to a primary or election at which such person is a candidate; to provide for ex ceptions; to provide for a definition; to provide for a penalty. Referred to Committee on Ethics. SB 269. By Senators Thompson of the 33rd and Roberts of the 30th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change the definition of the term "corporation" to provide that infor mation concerning the location of gas pipes and other underground utility facili ties which is given by a utility to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such facilities and accurate to within 18 inches measured vertically from the topmost edge of such utility facilities. Referred to Committee on Finance and Public Utilities. SB 270. By Senators Oliver of the 42nd, Langford of the 29th and Marable of the 52nd: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relating to notice of and enforcement of tax executions; to provide for notice to owners of mortgages and security deeds; to delete provisions relating to requiring such owners to furnish lists of properties in order to receive notice; to change provisions relating to en forcement rights of transferees of tax executions. Referred to Committee on Judiciary. SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement bene fits shall be separated without the approval of the commission. Referred to Committee on State and Local Governmental Operations (General). FEBRUARY 14, 1997 305 SB 272. By Senators Johnson of the 1st, Thompson of the 33rd and Taylor of the 12th: 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 provisions applicable to vehicle length limitations. Referred to Committee on Transportation. SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the en closed space at any polling place; to provide what shall constitute proper identi fication; to provide for an alternative procedure for certification of identification. Referred to Committee on Ethics. SB 274. By Senators Henson of the 55th, Burton of the 5th, Stokes of the 43rd and others: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to limit the terms of certain contracts for lease, use, or operation of the project. Referred to Committee on Economic Development, Tourism and Cultural Affairs. SB 275. By Senators Gochenour of the 27th and Langford of the 29th: A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issu ance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes; to provide for applica bility. Referred to Committee on Consumer Affairs. SB 276. By Senators Land of the 16th, Ralston of the 51st and Ray of the 48th: A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provisions relating to the time of filing and the contents of such affidavit and the practices and procedures related thereto. Referred to Committee on Judiciary. SB 277. By Senators Taylor of the 12th, Kemp of the 3rd, Brown of the 26th and others: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide an exception to certain provisions re lating to crediting of service as a member of the General Assembly; to provide that a member of the Teachers Retirement System of Georgia on leave without pay status to attend a session of the General Assembly as a member of the General Assembly shall pay to such retirement system the employer and em ployee contribution. Referred to Committee on Retirement. 306 JOURNAL OF THE SENATE SB 278. By Senators Kemp of the 3rd, Thompson of the 33rd, Clay of the 37th and Griffin of the 25th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions. Referred to Committee on Youth, Aging and Human Ecology. SB 279. By Senators Hill of the 4th, Johnson of the 1st, Perdue of the 18th, Thompson of the 33rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings Account and Trust Act"; to provide for a short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts and medi cal care savings accounts; to provide for the maximum amount that may be de posited in a medical care savings account. Referred to Committee on Insurance and Labor. SB 280. By Senators Langford of the 29th, Dean of the 31st and Abernathy of the 38th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to insurance; to change certain provisions relating to consent of an insured to an insurance contract; to change certain provisions relating to required provisions in group life insurance policies; to define a certain term. Referred to Committee on Insurance and Labor. SR 194. By Senator Gochenour of the 27th: A resolution urging reform of the governing statutes and operation of the Food and Drug Administration to ensure that health care products can be brought to the market as quickly as possible while preserving the safety of all Americans. Referred to Committee on Health and Human Services. SR 195. By Senators Griffin of the 25th, Ragan of the llth, Streat of the 19th and Middletonofthe 50th: A resolution creating the Georgia Dairy Production Senate Study Committee. Referred to Committee on Rules. SR 196. By Senators Johnson of the 2nd, Johnson of the 1st, Perdue of the 18th and Kemp of the 3rd: A resolution authorizing the granting of a nonexclusive easement to extend cer tain utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia. Referred to Committee on Finance and Public Utilities. SR 197. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others: A resolution urging the Plant Protection and Quarantine section of the United States Department of Agriculture to eliminate the planned use of a quarantine in an attempt to control the fungal disease of wheat known as Karnal Bunt. Referred to Committee on Agriculture. FEBRUARY 14, 1997 307 SR 200. By Senators Kemp of the 3rd, Ralston of the 51st, Land of the 16th and others: A resolution proposing an amendment to the Constitution so as to provide for the use of juries of six persons in all civil trials; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. The following bills were read the first time and referred to committees: HB 54. By Representative Barnes of the 33rd: A bill to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to the use of county law library funds, so as to authorize the board of trustees of a county law library to grant excess county law library funds to char itable tax exempt organizations which provide legal representation for low-in come people. Referred to Judiciary Committee. HB 71. By Representative Murphy of the 18th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objec tion to such calls to the Georgia Public Service Commission. Referred to Consumer Affairs Committee. HB 105. By Representatives Jones of the 71st, Walker of the 141st, Skipper of the 137th and others: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that it shall be unlawful for any judge or prosecuting attorney to publish a book or article for remuneration relating to any criminal prosecution until such prosecution is re solved. Referred to Special Judiciary Committee. HB 183. By Representatives Randall of the 127th, Crews of the 78th, Murphy of the 18th and others: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indict ed for a crime and subsequently released without charge or not prosecuted shall be entitled to have any criminal records relative to such case purged. Referred to Judiciary Committee. HB 241. By Representatives Smyre of the 136th, Skipper of the 137th, Buck of the 135th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresi dent member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall constitute taxable income. Referred to Finance and Public Utilities Committee. 308 JOURNAL OF THE SENATE HB 274. By Representative Childers of the 13th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions. Referred to Health and Human Services Committee. HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and Davis of the 60th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasure shares unless the resolution declaring the divi dend expressly so provides. Referred to Science, Technology and Industry Committee. HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. Referred to Banking and Financial Institutions Committee. HB 461. By Representative Tolbert of the 25th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Commerce," so as to annex certain property into the corporate limits of said municipality. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 34. Do pass by substitute. Respectfully submitted, Senator Hooks of the 14th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 68. Do pass. SB 99. Do pass by substitute. SB 138. Do pass by substitute. SB 139. Do pass. Respectfully submitted, Senator Middleton of the 50th District, Chairman FEBRUARY 14, 1997 309 Mr. President: The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 78. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 57. Do pass by substitute. SB 43. Do pass. SB 30. Do pass as amended. SR 159. Do pass. HB 208. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 28 SB 104 SB 214 SR 63 SR 166 HB 187 SB 52 SB 105 SB 217 SR 64 HB 62 HB 212 SB 58 SB 117 SB 252 SR 86 HB 172 HB 329 SB 62 SB 127 SR 9 SR 143 HB 173 HB 426 SB 67 SB 155 SR 48 SR 145 HB 174 HR 174 SB 90 SB 200 SR 62 SR 165 HB 178 HR 258 Senator Perdue of the 18th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not answering were Senators: Abernathy Clay Lamutt Perdue (presiding) Taylor Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. 310 JOURNAL OF THE SENATE Senator Brush of the 24th introduced the chaplain of the day, Reverend Ron Drawdy, pastor of the Second Baptist Church, Thomson, Georgia, who offered scripture reading and prayer. Senator Dean of the 31st introduced Ray Beck, commended by SR 154, adopted previ ously, who addressed the Senate briefly. Senator Dean of the 31st introduced Ms. Terry Ramey, commended by SR 155, adopted previously, who addressed the Senate briefly. Senator Ragan of the llth introduced Ms. Anne Rice, commended by SR 188, adopted previously. Senator Gochenour of the 27th introduced the doctor of the day, Dr. Hugh Smisson. The following resolutions were read and adopted: SR 198. By Senator Ray of the 48th: A resolution recognizing and commending Gwinnett's Fallen Heroes Memorial Committee, Inc. SR 199. By Senator Ray of the 48th: A resolution commending Heath Haynes. SR 201. By Senator Perdue of the 18th: A resolution commending Ms. Frances V. Annis and wishing her happiness in her retirement. Senator Langford of the 29th moved that the following bill be withdrawn from the Insurance and Labor Committee and committed to the Appropriations Committee: HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chap ter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law,". On the motion, the yeas were 33, nays 0; the motion prevailed and HB 213 was with drawn from the Insurance and Labor Committee and committed to the Appropriations Committee. Senator Langford of the 29th moved that the following bill be withdrawn from the Judiciary Committee and committed to the State and Local Governmental Operations (General) Committee: SB 261. By Senators Harbison of the 15th, Oliver of the 42nd and Thomas of the 10th: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the rights, benefits, purposes, and powers of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority and to subject the directors thereof to certain restrictions involving conflicts of inter est; to provide for statutory construction. On the motion, the yeas were 32, nays 0; the motion prevailed and SB 261 was with drawn from the Judiciary Committee and committed to the State and Local Governmental Operations (General) Committee. Senator Boshears of the 6th moved that Senator Gochenour of the 27th be excused. FEBRUARY 14, 1997 311 On the motion, the yeas were 34, nays 0, and Senator Gochenour was excused. SENATE RULES CALENDAR Friday, February 14, 1997 SEVENTEENTH LEGISLATIVE DAY SR 125 Hancock County -- conveyance of certain state owned property (F&PU--25th) SR 130 Chatham County -- conveyance of certain state property (F&PU--1st) SR 148 Burke County -- conveyance of certain state property (F&PU--22nd) HR 139 Bibb County; convey property (F&PU--26th) Reichert--126th SB 26 Petitions for Legitimation -- jurisdiction, juvenile court (Substitute) (Judy-- 42nd) SB 120 Department of Transportation -- increase amount for executing negotiated con tracts (Trans--33rd) SB 205 Simple Battery of Pregnant Woman -- misdemeanor of high nature (S Judy-- 37th) SB 14 Gaming Equipment -- manufacturing, selling, transporting (ST&I--41st) SR 37 CA: Board of Education -- members from congressional districts elected by General Assembly (SubstituteXEd--52nd) SB 159 Abuse of Vulnerable Adult -- warrantless arrests (Amendment) (Judy--16th) SB 80 Drug Dealer Liability Act -- enact (Judy--12th) SB 208 Controlled Substances -- regulation of phenylpropanolamine, ephedrine (Sub stitute )(S Judy--17th) SB 27 Adoption -- following order terminating parental rights (SubstituteXJudy-- 42nd) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SR 125. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Hancock County, Georgia. The report of the committee, which was favorable to the adoption of the resolution was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts 312 JOURNAL OF THE SENATE Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Those not voting were Senators: Brush Gochenour (excused) Middleton Perdue (presiding) Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Tanksley On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 130. By Senator Johnson of the 1st: A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Brush Gochenour (excused) Middleton Oliver Perdue (presiding) Thomas of 10th On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. FEBRUARY 14, 1997 313 SR 148. By Senator Walker of the 22nd: A resolution authorizing the conveyance of certain state owned real property located in Burke County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brush Gochenour (excused) Griffin Perdue (presiding) Price of 28th On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 139. By Representative Reichert of the 126th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Wiggins Associates and the acceptance of certain real property owned by Wiggins Associates located in Bibb County, Georgia, in consideration therefor. Senate Sponsor: Senator Brown of the 26th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp 314 JOURNAL OF THE SENATE Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brush Egan Gochenour (excused) Perdue (presiding) Roberts Scott Walker On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President assumed the Chair. SB 26. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for jurisdiction in the juvenile court for petitions for legitimation; to pro vide for transfer to the superior court for jury trials regarding visitation or sup port if requested by either parent. The Senate Judiciary Committee offered the following substitute to SB 26: A BILL To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to change provisions relating to the jurisdiction for termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; to provide for exclusive jurisdiction in the juvenile court for terminations and concurrent jurisdiction for termina tions in connection with adoption proceedings; to provide for concurrent jurisdiction in the juvenile court and superior court for petitions for legitimation; to provide for a jury trial regarding support if a demand for such is properly filed by either parent; to provide for admittance of the general public to support hearings; to provide for public inspection of files and records in legitimation cases; to provide for permanent records of legitimation cases; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-5, relating to the jurisdiction of the juvenile court, by striking in its entirety subsection (a), inserting in lieu thereof a new subsection (a), and inserting a new subsection to be designated subsection (e) to read as follows: "(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code sec tion, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child: (A) Who is alleged to be delinquent; FEBRUARY 14, 1997 315 (B) Who is alleged to be unruly; (C) Who is alleged to be deprived; (D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or (F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of com pleting, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or (2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law; (B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state; (C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have exclusive concurrent jurisdiction to terminate the legal parent-child rela tionship and the rights of the biological father who is not the legal father of the child; or (D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion." "(e) Concurrent jurisdiction as to legitimation petitions. (1) The juvenile court shall have concurrent jurisdiction to hear any legitimation peti tion transferred to the juvenile court by proper order of the superior court? (2) The juvenile court shall have jurisdiction to hear any legitimation petition filed pursuant to Code Section 19-7-22 as to a child with respect to whom a proceeding is pending in the juvenile court at the time the legitimation petition is filed. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, after a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial?* SECTION 2. Said article is further amended by striking in its entirety subsection (c.l) of Code Section 15-11-28, relating to hearings, and inserting in lieu thereof the following: "(c.l) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37; (2) An adjudicatory hearing involving an allegation of delinquency brought in the in terest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence re lated to matters of deprivation; or (3) Any child support hearings, whether or not associated with a legitimation petition filed pursuant to subsection (f) of Code Section 19-7-22; or (4) At the court's discretion, any dispositional hearing involving any proceeding under this article." 316 JOURNAL OF THE SENATE SECTION 3. Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court flies and records, and inserting in lieu thereof the following: "15-11-58. (cl/ JljXCGpt iH CJlStiS firiSlliJ^ illicit;i* CvOuG o&CtlOli J_ij--L_L-*19, ctliil SUuJtiCt to Lilt; i'cvj_u.il*Glllt;,LilB uTsubsectiuii (d) uf CuJe Secliuii 15-11-33 ami Cude Secliou 15-11-01, and with the excep tion uf any complaint, peliUun, and urdei fiom any case that was open Lu Hie public pursuant tu subsection (c.l) uf Code SeuLiuii 15-11-28, as provided in subsection (b) of this Code Section, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. (b) Subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Sec tion 15-11-61, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-49 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (c.l) of Code Section 15-11-28. The general public shall be allowed to inspect court flies and records for proceedings involving a legitimation petition filed pursuant to subsection (f) of Code Section 19-7-22. (c)(l) The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. (2) The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter con cerning that student, including but not limited to records of that child's controlled sub stance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by con tempt any violation of those conditions. (d) The judge shall permit authorized representatives of the Department of Children and Youth Services. The Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court." SECTION 4. Said article is further amended by striking in its entirety subsection (c) of Code Section 1511-65, relating to juvenile court as a court of inquiry and court of record, and warrants, and inserting in lieu thereof the following: "(c) Records. Subject to the earlier sealing of certain records pursuant to Code Section 15-11-61, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child until ten years after the last entry was made. Thereafter, the court may destroy such records, except that records of cases where orders were entered permanently depriving a parent of the custody of a child and records of cases involving a petition for legitimation of a child filed pursuant to Code Section 19-7-22 shall be preserved permanently. The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein and shall make social records consisting of records of investigation and treatment and other confidential information." FEBRUARY 14, 1997 317 SECTION 5. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation, and inserting in its place the following: "19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning tKe superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption peti tion is filed for legitimation of the child. (b) The petition shall set forth the name, age and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. (c) Upon the presentation and filing of the petition, the court may pass an order declaring tKe child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) A legitimation petition may be filed in the juvenile court of the county of the peti tioner's residence or, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-5, in the child's county of residence in which an action is pending? (e) Iii addition, Except as provided by subsection (f) of this Code section the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial." SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 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 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue 318 JOURNAL OF THE SENATE Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Brush and Gochenour (excused). On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 120. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to con tract, so as to provide for an increase in the amount for which the department may execute a negotiated contract. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Sentors Brush and Gochenour (excused). On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 205. By Senators Clay of the 37th and Johnson of the 1st: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, so as to provide that simple battery committed against a woman who is pregnant at the time of the offense shall be a misde meanor of a high and aggravated nature. FEBRUARY 14, 1997 319 Senators Clay of the 37th and Ray of the 48th offered the following amendment: Amend SB 205 by adding on line 5 after the world "nature"; the following: "to amend Code Section 16-5-23.1 of the OCGA, relating to battery, so as to provide that battery against a woman who is pregnant at the time of the offense shall be a misde meanor of a high and aggravated nature;" By inserting between lines 19 and 20 the following: "Section 2" Code Section 16-5-23.1 of the OCGA relating to battery, is amended by adding a new subsection (h) as follows: "(h) Any person who commits the offense of battery against a woman who is pregnant at the time of the offense shall, upon conviction thereof, be pun ished for a misdemeanor of a high and aggravated nature" By redesigning Section 2 and 3 as Section 3 and 4 respectively On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Brush Gochenour (excused) On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 14. By Senator Tysinger of the 41st: A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to authorize manufacturing, processing, selling, possessing, and transporting gaming equipment, devices, and other materials for use in jurisdictions where those equipment and devices are legal. The report of the committee, which was favorable to the passage of the bill, was agreed to. 320 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 Cheeks Crotts Egan Gillis Griffin Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Oliver Price of 56th Ragan Ralston Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Dean Fort Glanton Guhl Marable Middleton Price of 28th Ray Starr Those not voting were Senators: Abernathy Brush Cagle Clay Gochenour (excused) James Madden Perdue On the passage of the bill, the yeas were 39, nays 9. The bill, having received the requisite constitutional majority, was passed. SR 37. By Senators Marable of the 52nd, Dean of the 31st, Starr of the 44th and others A RESOLUTION Proposing an amendment to the Constitution so as to provide that the member of the State Board of Education from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced wholly or partly within such congressional district; to provide for procedures for elections and filling vacancies; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section II, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows: "(a) There shall be a State Board of Education composed of as many members as there are congressional districts in the state. The member of the board from each congres sional district shall be elected by a majority vote of the members of the House of Repre sentatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The members of the board in office on June 30, 1997, shall serve out the remainder of their respective terms. The General Assembly shall provide by law for the procedure for the election of members and for filling vacancies on the board. Members shall serve for terms of seven years and until their successors are elected and qualified." FEBRUARY 14, 1997 321 SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that each member of the ( ) NO State Board of Education from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced wholly or partly within such congres sional district?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Education Committee offered the following substitute to SR 37: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the member of the State Board of Education from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced wholly or partly within such congressional district; to provide for staggered terms of office; to provide for procedures for elections and filling vacancies; to provide for the submission of this amendment for ratification or rejection; to provide for a statement of intent; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly recognizes the public-spirited agreement of those new members of the State Board of Education appointed by the governor in 1996, subject to confirmation by the Senate, to hold office for two years, rather than the seven-year term provided by the Constitution; which agreement makes possible an orderly transition to a new method of selection of members of the board in 1999 without excessive disruption of the expectations of those presently serving. SECTION 2. Article VIII, Section II, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows: "(a) There shall be a State Board of Education composed of as many members as there are congressional districts in the state. The member of the board from each congres sional district shall be elected by a majority vote of the members of the House of Repre sentatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The members of the board in office on June 30, 1997, shall serve uul tlm remainder of iheii lespecLive teiuib until such time as their successors are elected and qualified. An election shall be held in 1999 to fill all positions on the board. Those members elected in 1999 shall serve for terms of two years and until their successors are elected and qualified, in the case of members of said board whose congressional districts were even-numbered on the date of their election, and four years and until their successors are elected and qualified, in the case of members of said board whose congressional districts were odd-numbered on the date of their election. Subsequently, all members shall be elected for terms of four years and until their succes sors are elected and qualified. The General Assembly shall otherwise provide by law for 322 JOURNAL OF THE SENATE the procedure for the election of members and for filling vacancies on the board. Mem- uci'o olifcill sd vc lui tt;i illsOl scv t!iivtiiii &cinijuntil LlieiisuCCcoBui B (d) of Code Section 19-8-26." SECTION 4. Said chapter is further amended by striking in its entirety subsection (k) of Code Section 19-8-5, relating to surrender or termination of parental rights where adoption by an unre lated third party is planned, and inserting in its place the following: "(k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender, ullnjiwibe, exujpt in ca&es uf excusable neglect,. If the petition is not filed within the time period specified by this subsection or if the proceedings resulting from the petition are not concluded with an order granting the petition, the surrender shall operate in favor of the child-placing agency designated in the surrender of rights, if any, unless said agency declines to accept the child for place ment for adoption or no child-placing agency is designated in the surrender of rights, in which cases the surrender shall operate in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. The court may waive the 60 day time period for filing the petition for excusable neglect." SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) and paragraph (2) of subsection (e) of Code Section 19-8-7, relating to adoption by a relative, and inserting in their place the following: "(a) Except as otherwise authorized in this Gude section chapter, a child who has any living parent or guardian may be adopted by a relative who is related by blood or mar riage to the child as a grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surren dered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child." "(e)(2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (f) (d) of Code Section 19-8-26." SECTION 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-8-10, relating to instances when surrender or termination of parental rights is not re quired as a prerequisite to filing a petition for adoption, and inserting in its place the following: FEBRUARY 14, 1997 329 "(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where the court determines by clear and convincing evidence that the: (1) That child Child has been abandoned by that parent; (2) That parent Parent cannot be found after a diligent search has been made; or (3) That paieiit Parent is insane or otherwise incapacitated from surrendering such rights;^ (4) Parent who does not have physical custody of the child has, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, significantly failed to communicate with the child in a meaningful, supportive manner; or (5) Parent has failed to exercise proper parental care or control due to misconduct or Inability, as set out in paragraph (2), (3) or (4) of subsection (b) of Code Section 15-1181, and the court is of the opinion that the adoption is in the best interests of that child." SECTION 7. Said chapter is further amended in Code Section 19-8-11, relating to petitions to terminate parental rights, by striking in its entirety paragraph (3) of subsection (a) and inserting in its place the following: "(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where the court determines by clear and convincing evidence that the: (A) The child Child has been abandoned by that parent; (B) That parent Parent of the child cannot be found after a diligent search has been made; (C) That parent Parent is insane or otherwise incapacitated from surrendering such rights; or (D) That parent Parent does not have physical custody of the child and, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed to communicate with the child in a meaning ful, supportive, parental manner; or (E) Parent has failed to exercise proper parental care or control due to misconduct or Inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-1181, and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child." SECTION 8. Said chapter is further amended in Code Section 19-8-12, relating to notice to and termina tion of the rights of biological fathers and legitimation by biological fathers, by striking in their entirety subsection (a), the introductory language of subsection (b), and subsection (d) and inserting in their place the following: "(a) If there is a biological father who is not the legal father of a child and the identity and location of such biological father are known to petitioner or petitioner's attorney and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified by registered or certified mail, return receipt requested, at his last known address, that the legal mother of the 330 JOURNAL OF THE SENATE child has surrendered her parental rights to the child, had her parental rights termi nated, has consented to the child's adoption by her spouse, or is a party to a proceeding to terminate her parental rights, and such notice shall be deemed to have been received on the date of delivery shown on the return receipt." "(b) If there is a biological father who is not the legal father of the child and the identity or location of such biological father is not known to petitioner or petitioner's attorney and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 then:" "(d) If the A biological father who is not the legal father dues not file a lugiliumliim peti- Liun anil ^ive iiulnjc ciS Ic^uneu in BuuoeuLiLm (u) ul tlilS (Juuc oediuii willim 30 iltija iiimi Ilia ic^d^jt ui Llic nuLiuc jjiuviucil lui ill ouuot^Liuii (,l/ ui (L)} ul tins vjujt: oculiuii ux, il aiLc;i filing the petition be fails tu piubeculu it Lu final judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the adoption and is not entitled to receive fur ther notice of the adoption if within 30 days from his receipt of the notice provided for in subsection (a) or (b) of this Code section: (1) He does not file a legitimation petition and give notice as required in subsection (c) of this Code Section; (2) He files a legitimation petition which is subsequently dismissed for failure to prose cute; or (3) He files a legitimation petition and the action is concluded without a court order declaring a finding that he is the legal father of the child." SECTION 9. Said chapter is further amended in Code Section 19-8-24, relating to unlawful advertise ments and inducements, by striking in its entirety subsection (a) and inserting in its place the following: "(a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to: (1) Advertise, whether in a periodical, by television, by radio, or by any other public medium m by any piivalu muaiis, including letteis, ciiculais, handbills, and Dial blaUjmeuls, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or (2) Directly or indirectly hold out inducements to parents to part with their children: ; or (3) Directly or indirectly solicit or accept any inducements to part with his, her, or their children or children in his, her, their, or its custody. As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medi cal expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child." SECTION 10. Said chapter is further amended in Code Section 19-8-26, relating to execution, forms for execution, and withdrawal of surrender of parental rights, by striking subsections (b), (c), (d), (f) and (h) and inserting in their places new subsections to read as follows: "(b) The femiendei uf lights by a biulugical falhei who is nut the legal falhei puisuaiit tu paiagiaph (2) uf bubfeectiuii (e) uf Code Oucliun 19-8-4 shall cunfuim substantially tu the lulluWlllK lullll. FEBRUARY 14, 1997 331 SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER: iliis IS tu.1 iiripOi'Lailt legal uOcumelit ciiiu. b_y si^liing it ,yuu ai'e s urreiiu.tJnllg' Sill ui yuui ri^liL, LiLlc, ctiiCl dcii-ill t/0 triiti dllld rQGntirKJtl ilt:i't;.i.H, SO ciS to ictujllttiLt; Lllc Cliiiu H jjlfctcdiitJirt lOi" ciu.ujjLIUII. Yuii Erfe to reCcive a Cupy ui tins uuCiUllditi ctlid tfS eXpiciiIlKCi uclOW littvc tlic light tu withdiaw yum sunuiidei williiii ten da^b fium the dale .yum sign it. I, Hie imdm slgnuJ, biological falliei ufa (male) (female) diilJ, bum (iiisui I name uf diilJ) lu (infeert^ -iianig Ol ii'iOtiTSr) On (lllSci't birtiiCifcitc Ol Ciiilu), ueiiig suliuitOuS tn3t SaiCiXIlllu silOuiu: I'cCtJiVc tlic ucHellLtt S-iiu. fck.CiV~clIltdgt;S OI a. gOOQ lluiilc, tu tilt; tJiitl Liiiil/ (slic) (.lit;) illdj' UK Ilttcu. lOi" tll& leCJU.il 611it;nLci Ol llI6^~COll.feeiil/ LU LIIIB SU.l'l'SllCf.til*. I, tll^ Uliuei'Ml^iitJU., uu XleFcOy J5Ui'i*tfIlC!.eln tif6 Ciiilu. XO ^iiiStJTX H3.1116 OI CliiJ of Human Renuuiues, aa applicable) and prumisu nut tu mUjiferu in lliu man- ci^eiiicii L ui Lllc^ Ciiilu in imy rccJpeCt Wll&tt;Vt;i*, cmCl, lii CuilSluei'titlOn 01 tile OciitilltS ^u.dl"fl.ij.~ teed by (mseit name uf cliild-placiiig agnnu^ ur DepaiUiieuL uf Ilumait Resouict!S, as tliilJ Iieinin aameJ, it being my wish, intent, auj puipusu Lu ibliiiquisli absulutel^ all cunUul uvei the cliilJ. r U.i'tiidriliOi'e , 1 llci'tjOy a.^iLt;c tlictL tilt; (iiijsci'L uttiiit; ul clill Ol llUilitiii IvcSULU'Cticfj S.S S.jjJllCciijltV IHy of this Jucuuieiil and that I imdeibtdiiil I may uul,y withdraw lliih buuendui by giviug wiilteii notice, deliveied in ptiibuii ui mailcu \jy icgislcicu mciil, tu (iiiscit iicunt; and autiicsa ul t;a^;li pciauii lu wliuui auiicii- ocC Li Lively Ut?giiillliig wiLli tilt: tlct^y liiiiiicuititcl^ Ivjlluwilif^ Llic LlctLc lici cul, liuw c v i falls uu a Oatuiday, Sunday, ui legal holiday then Lhe labt da^ uii wliidi the h'uiieiidei may bb withdrawn shall be the aexl daji Qial ia nut a Batuiday, Sunday, 01 legal holiday, ami I imdeistand that U may NOT bb williJiawn tlmiuallei. L1 \il L.QCJL 111U11, 1 llClCU^ CCI'tll^y tllclt J. litlVC lluL UCCll OLIUJCCLKLI Lu 111^ tlLlltJSa Ui UinlliC ^JlCJCj" au.it! in the exucuLiun uf this suirendei documenL and do MO fna;l,y and vuluutaiil)'. Witness my hand and seal tliib day uf , --: (SEAL) (Diulugical fathei) Unofficial wiliiebs Nutaiy public Reserved." "(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements: (1) The affidavit shall set forth: (A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The identity and last known address of any spouse or former spouse; (F) The identity, last known address, and relationship of the biological father to her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire; (G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support (including or medical care) during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and (H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, 336 JOURNAL OF THE SENATE grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and (2) The affidavit shall conform substantially to the following form: MOTHER'S AFFIDAVIT NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its fa ther's rights properly determined. Yuu have the light nut to disclose the name and ad dress uf the biuloglcal fathei uf your child, however, should yuu decline lu piuvide such infui matiun, If you decline to disclose the name and address of the biological father of your child, understand that you may be required to appear in court to explain your re fusal or and that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child. STATE OF GEORGIA COUNTY OF ______ Personally appeared before me, the undersigned officer duly authorized to administer oaths, _____________, who, after having been sworn, deposes and says as follows: That my name is _____________. That I am the mother of a (male) (female) child born (insert name of child) in the State of ______, County of ______ on (insert birthdate of child). That I am ______ years of age, having been born in the State of ______, County of That my social security account number is_______. That my marital status is at the time of the conception and at the time of the birth of my child was (check the status and complete the appropriate information): ( ) Single, never having been married. () Separated but not legally divorced; the name of my spouse is _____________; his last known address is _____________; we were married in the State of ______, County of on ; we have been separated since ; we last had sexual relations on ______. () Divorced; the name of my previous spouse is _____________; we were married in the State of ______, County of ______ on ; his last known address is __ ___; divorce granted in the State of , County of ______ on () Legally married; the name of my spouse is ______; we were married in the State of __ ___, County of ______ on ______; and his last known address is ( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse is _____________; his address is ; the date and place our relationship began is (insert date, county, statel ( ) Widowed; the name of my deceased spouse is _____________; we were mar ried in the State of ______, County of ______on ______; and he died on ______ in the County of ____, State of That the name and last kiiuwn addiess of the biological father of my child is (complete appropriate response): Known to me and is (insert name); Known to me but I expressly decline to identify him or piuvide his addmsa because ; or FEBRUARY 14, 1997 337 Unknown to me because (explain in detail) That the last known address of the biological father of my child is (complete appropriate response): Known to me and is (insert last known address); Known to me but I expressly decline to provide his address because_________; or Unknown to me because (explain in detail) That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so: (A) The percentage of my American Indian blood is________percent. (B) My relatives with American Indian blood are: (Insert names, addresses, and dates of birth, if applicable). (C) I (am) (am not) currently registered as a member with an American Indian tribal registry! (D) I (have) (have not ever) been registered with an American Indian tribal registry. (E) I (am) (am not) a member of an American Indian tribe. If so, the name of the tribe (F) I (am) (am not) registered with an American Indian tribal registry. If so, the Amer ican Indian tribal registry is: and my registration or identifica tion number is: (G) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is: and the name of the corresponding American Indian tribe is: (H) A member of my family (is) (is not) registered with an American Indian tribal regis try. If so, the name of each such family member is: and the name of the corresponding American Indian tribal registry is: and their cof^ responding registration or identifcation numbers are: T That to the best of my knowledge, the biological father (was) (was not) of American In dian heritage. If so: (A) The percentage of his American Indian blood is_______percent. (B) His relatives with American Indian blood are: (Insert names, addresses, and dates of birth, if applicable). (C) He (is) (is not) currently registered as a member with an American Indian tribal registry. 338 JOURNAL OF THE SENATE (D) He (has) (has not ever) been registered with an American Indian tribal registry. (E) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe (F) He (is) (is not) registered with an American Indian tribal registry. If so, the Ameri can Indian tribal registry is: and his registration or identifica tion number is: That the date of birth of the biological father (was_______,19 ) or (is not known to me). That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so: (A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard). (B) His rank is______________. (C) His duty station is _____________. If applicable, please provide any additional available information regarding his mili tary service. That the child's biological father of my child, whether or not identified herein (strike each inappropriate phrase): (Was) (Was not) married to me at the time the child was conceived or was born, and his ^mleiiiily (lias) (lia nut) been UIBJJIUVCU uy a liiiiil palcinil.y uiuci \ji a Cutlil; (Did) (Did not) marry me after the child was born and recognize the child as his own; ciiiu Ins jcitc;iiiit.y (.lido/ (liari iiuL} ucdi uiS^iluvtru Uy ex luitl ^jaLciiiit^ uiut^i ul a uuUi L; (Has) (Has not) been determined to be the child's father by a final paternity order of a court; and (Has) (Has not) legitimated the child by a final court order. Thai the biological fathm uf my child (stake the iiiappi upi iate phrase). (Has) (Has not) lived with the child; (Has) (Has not) contributed to its support; (Has) (Has not) provided for my support (including or medical care) during my preg nancy or hospitalization for the birth of the child; an3 (Has) (Has not) made any attempt to legitimate the child. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption: _____________. That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing. Sworn to and subscribed before me this ___________ day of , Notary public" (Mother) FEBRUARY 14, 1997 339 SECTION 11. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended in Code Section 49-5-12, relating to licensing and inspection of child welfare agencies and child care facilities, by striking in its entirety sub section (q) and inserting in its place the following: "(q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adop tion or place such a child, either temporarily or permanently , in a home other than the home of the child's relatives without having been licensed and commissioned by the de partment. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to: (1) Adopt a child or children from receiving or accepting a child or children in the indi vidual's home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that indi vidual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Chapter 8 of Title 19 or corresponding provisions of another state's adoption stat utes; or (3) Either adopt a child or children or have that individual's child or children placed for adoption from receiving information from a properly licensed attorney concerning op tions available, including, without limitation, information regarding potential adoption resources?' SECTION 12. (a) This Act shall become effective on January 1, 1998. (b) The provisions of this Act shall apply to petitions for adoption filed on or after January 1, 1998, except that each surrender of rights filed pursuant to a petition filed on or after January 1, 1998, shall be effective if such surrender of rights complies with the provisions of law in effect before January 1, 1998, or the provisions of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd 340 JOURNAL OF THE SENATE Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Gochenour (excused) Perdue (presiding) Ragan Streat Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. At 12:12 P.M., Senator Marable of the 52nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M. on Monday, February 17, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. MONDAY, FEBRUARY 17, 1997 341 Senate Chamber, Atlanta, Georgia Monday, February 17, 1997 Eighteenth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of Friday, February 14, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 540. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene County. HB 217. By Representatives Royal of the 164th, Bates of the 179th and Stancil of the 16th: A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to provide that certain provisions authorizing local annexation or deannexation shall not affect the authority of the General Assembly to annex or deannex by local Act. HB 417. By Representative Jamieson of the 22nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to purchasing or retrofitting certain sin gle-family homes with accessibility features. SB 144. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by hotels and motels, so as to provide that in-room service of alcoholic beverages shall include service to own ers, lessors, and tenants of condominium units and commercial space located in the same building as one or more hotel rooms in certain circumstances. HB 248. By Representative Burkhalter of the 41st: A bill to amend Code Section 16-7-42 of the Official Code of Georgia Annotated, relating to definitions regarding littering, so as to include cigarette butts as lit ter. HB 347. By Representatives Crawford of the 129th and Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to state courts of counties, so as to change the jurisdiction of state courts of counties; to provide for state court jurisdiction over possession of one ounce or less of marijuana. 342 JOURNAL OF THE SENATE HB 185. By Representatives Skipper of the 137th, Royal of the 164th, Jamieson of the 22nd and others: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to revise comprehensively certain provisions regarding the selling and transferring of tax executions in lot blocks. The House has adopted by the requisite constitutional majority the following resolu tion of the House: HR 298. By Representatives Williams of the 63rd, Ladd of the 59th and Parham of the 122nd: A resolution commending Brook Run. The following bills were introduced, read the first time and referred to committees: SB 281. By Senator Abernathy of the 38th: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to the landlord and tenant relationship in general, so as to require disclosure of the names, addresses, and telephone numbers of the own ers and managers of rental real property to members of the public. Referred to Committee on Judiciary. SB 282. By Senators Clay of the 37th, Ray of the 48th and Egan of the 40th: A bill to amend Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to clarify the findings and intent of the General Assembly that the provisions of said Act apply to interrelated patterns of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury to others. Referred to Committee on Special Judiciary. SB 283. By Senators Boshears of the 6th, Scott of the 36th, Henson of the 55th and others: A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, and Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide or change penalties for certain threats to the integrity of judicial and administra tive proceedings. Referred to Committee on Insurance and Labor. SR 202. By Senators James of the 35th, Price of the 56th, Thomas of the 54th and Fort of the 39th: A resolution commending the Georgia Society of Ophthalmology and recognizing that ophthalmologists are the physicians best trained to treat diabetic eye dis ease. Referred to Committee on Health and Human Services. MONDAY, FEBRUARY 17, 1997 343 SR 203. By Senators Perdue of the 18th, Clay of the 37th and Oliver of the 42nd: A resolution urging the Clinton administration to support the application of the Republic of China on Taiwan for membership in the United Nations. Referred to Committee on Interstate Cooperation. SR 205. By Senator Thomas of the 10th: A resolution urging the President and Congress of the United States to support the admission of the Republic of Poland to the North Atlantic Treaty Organiza tion. Referred to Committee on Interstate Cooperation. The following bills were read the first time and referred to committees: HB 185. By Representatives Skipper of the 137th, Royal of the 164th, Jamieson of the 22nd and Buck of the 135th: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to revise comprehensively certain provisions regarding the selling and transferring of tax executions in lot blocks. Referred to Finance and Public Utilities Committee. HB 217. By Representatives Royal of the 164th, Bates of the 179th and Stancil of the 16th: A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to provide that certain provisions authorizing local annexation or deannexation shall not affect the authority of the General Assembly to annex or deannex by local Act. Referred to State and Local Governmental Operations (General) Committee. HB 248. By Representative Burkhalter of the 41st: A bill to amend Code Section 16-7-42 of the Official Code of Georgia Annotated, relating to definitions regarding littering, so as to include cigarette butts as lit ter. Referred to Natural Resources Committee. HB 347. By Representatives Crawford of the 129th and Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to state courts of counties, so as to change the jurisdiction of state courts of counties; to provide for state court jurisdiction over possession of one ounce or less of marijuana. Referred to Judiciary Committee. HB 417. By Representative Jamieson of the 22nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to purchasing or retrofitting certain sin gle-family homes with accessibility features. Referred to Youth, Aging and Human Ecology Committee. 344 JOURNAL OF THE SENATE HB 540. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene County. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 91. Do pass by substitute. Respectfully submitted, Senator Middleton of the 50th 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 10. Do pass. HB 448. Do pass. HB 411. Do pass. HB 457. Do pass. HB 412. Do pass. HB 432. Do pass. HB 436. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 30 SB 138 SB 43 SB 139 SB 57 SR 159 SB 68 HB 34 SB 78 HB 208 SB 99 The President called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker MONDAY, FEBRUARY 17, 1997 345 Those not answering were Senators: Abernathy Balfour Johnson of 2nd Tanksley The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Cheeks of the 23rd introduced Allison Jones, commended by SR 173, adopted previously, who sang inspirational songs. Senator Cheeks of the 23rd introduced the chaplain of the day, Reverend Robert Daniel, of Augusta, Georgia, who offered scripture reading and prayer. Senator Harbison of the 15th introduced a group from Alpha Kappa Alpha Sorority and Lucretia Payton-Stewart, the Regional Director, commended by SR 158, adopted previ ously. Lucretia Payton-Stewart addressed the Senate briefly. Senator Roberts of the 30th introduced the doctor of the day, Dr. Raymond Fowler of Douglas County. Senator Fort of the 39th moved that the following bill be withdrawn from the Finance and Public Utilities Committee and committed to the State and Local Governmental Oper ations (General) Committee: SB 264. By Senator Fort of the 39th: A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxes, so as to provide that referendums on the adoption of such taxes shall be conducted in conjunction with a general election; to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use taxes, so as to provide that referendums on the adoption of such taxes shall be conducted in conjunction with a general election. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 264 was with drawn from the Finance and Public Utilities Committee and committed to the State and Local Governmental Operations (General) Committee. Senator Tysinger of the 41st moved that the following bill be withdrawn from the Sci ence, Technology and Industry Committee and committed to the Special Judiciary Committee: HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and Davis of the 60th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the divi dend expressly so provides. On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 294 was with drawn from the Science, Technology and Industry Committee and committed to the Special Judiciary Committee. Senator Bowen of the 13th introduced the Tift County High School Ladies Softball Team, commended by SR 120, adopted previously. 346 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 204. By Senator Thomas of the 10th: A resolution recognizing and commending the Georgia Nursing Home Associa tion Education and Research Foundation. SR 207. By Senator Cagle of the 49th: A resolution congratulating Leslie Norman Smee. SR 208. By Senators Gillis of the 20th, Broun of the 46th, Turner of the 8th and others: A resolution recognizing and commending Frank H. Herrington. SENATE RULES CALENDAR Monday, February 17, 1997 EIGHTEENTH LEGISLATIVE DAY SB 200 Peace Officer, Prosecutor Training Fund--disbursement of funds (Pub Saf-- 37th) SB 81 Administrative Procedure Act--agency formulation of rules (SubstituteXSLGO--G-- 12th) SB 175 Mortgages--home equity lines of credit (Substitute)(B&FI--8th) SB 199 Forgery--penalty for sale of false identification to minor (S Judy--37th) SB 111 Retail Liquor License Applicant--residency requirements (SubstituteXC Aff-- 33rd) SB 62 Adult Bookstore, Theatre--distance from church, school, college (Substitute) (C Aff--35th) SB 67 Crimes Against Family Members Act of 1997--provide (Substitute) (Judy-- 12th) SB 155 Insurance--provisions on discount for drug-free workplace (Substitute) (I&L-- 12th) SB 173 Bomb Technician--training, EMT support of disposal operations (Pub Saf-- 44th) SB 184 Durable Power of Attorney for Health--appointment of guardian (Substitute) (S Judy--48th) /si Scott of the 36th, Chairman Senate Rules Committee MONDAY, FEBRUARY 17, 1997 347 The following general bills were read the third time and put upon their passage: SB 200. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Glanton Land Starr On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Perdue of the 18th assumed the Chair. SB 81. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Proce dure Act," so as to provide that an agency shall consider the least costly alterna tive which complies with the statutory directive in formulating a rule; to author ize agencies to grant variances and waivers from compliance with rules. The State and Local Governmental Operations Committee offered the following substi tute to SB 81: A BILL To be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Proce dure Act," so as to provide that an agency shall consider the least costly alternative which complies with the statutory directive in formulating certain rules; to authorize agencies to 348 JOURNAL OF THE SENATE grant variances and waivers from compliance with certain rules under restricted circum stances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Administrative Procedure Act," is amended in Code Sec tion 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of rules, by striking "and" at the end of paragraph (2) of subsection (a), by striking the period at the end of subparagraph (a)(3)(D) and inserting in its place "; and", and by adding a new paragraph immediately following paragraph (3) to read as follows: "(4) In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any person which costs could be re duced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule." SECTION 2. Said article is further amended by adding after Code Section 50-13-9, relating to petitions for and responses to rule changes, a new Code Section 50-13-9.1 to read as follows: "50-13-9.1. (a) The General Assembly finds and declares that the strict application of rules can lead to unreasonable, uneconomical, and unintended results in particular instances. The General Assembly further declares that it is appropriate in such cases to adopt a procedure for agencies to provide relief to persons subject to regulation. (b) As used in this Code section, the term: (1) 'Substantial hardship' means a significant, unique, and demonstrable economic, tech nological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business. (2) "Variance' means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. (3) 'Waiver' means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule. (c) Except as provided in subsection (g), an agency is authorized to grant a variance or waiver to a rule when a person subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other spe cific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. (d) Except as provided in subsection (g), a person who is subject to regulation by an agency rule may file a petition with that agency requesting a variance or waiver from the agency's rule. In addition to any other requirements which may be imposed by the agency, each petition shall specify: (1) The rule from which a variance or waiver is requested; (2) The type of action requested; (3) The specific facts that would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet; and (4) The reason why the variance or waiver requested would serve the purpose of the underlying statute. MONDAY, FEBRUARY 17, 1997 349 (e) The agency subject to the provisions of subsections (c) and (d) of this Code section shall grant or deny a petition for variance or waiver in writing within 60 days of the receipt of the petition. Such agency's decision to grant or deny a petition shall be final and not sub ject to judicial review. (f) Nothing in this Code section shall authorize an agency to grant variances or waivers to any statutes. This Code section does not supersede and is cumulative of any other variance or waiver provisions in other statutes or rules. (g) This Code section shall not apply, and no variance or waiver shall be sought or author ized, when: (1) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program; (2) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities; or (3) The granting of a waiver or variance would be harmful to the public health, safety, or welfare." SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Clay of the 37th offered the following amendment: Amend the committee substitute to SB 81 by adding at page 2, line 29, after the period following the word "person" add the following: "A register of all such variances and waivers shall be maintained by the Department granting the waiver or variance and shall be updated upon each grant of waiver or vari ance and be made available, upon request, to members of the public. On the adoption of the amendment, the yeas were 46, nays 0, and the Clay amendment to the committee substitute was adopted. Senator Clay of the 37th offered the following amendment: Amend the committee substitute to SB 81 by adding after the word "the" and before the word "public" on line 24, page 3, the word "environment." On the adoption of the amendment, Senator Taylor of the 12th called for the yeas and nays. The call was sustained and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Cagle Cheeks Clay Crotts Egan Fort Guhl James Lamutt Land Oliver Price of 28th Ray Stokes Those voting in the negative were Senators: Abernathy Balfour Bowen Broun of 46th Brown of 26th Brush Burton Dean Gillis Glanton Gochenour Griffin 350 JOURNAL OF THE SENATE Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Langford Madden Marable Middleton Price of 56th Ragan Ralston Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Johnson of the 2nd and Perdue (presiding). On the adoption of the amendment, the yeas were 16, nays 38, and the Clay amend ment #2 to the committee substitute was lost. Senator Boshears of the 6th offered the following amendment: Amend the committee substitute to SB 81 by following the word "waiver" on page 2, line 27, add the following: "and to all other persons affected by the rule being varied or waived". On the adoption of the amendment, the yeas were 18, nays 30, and the Boshears amendment to the committee substitute was lost. Senators Langford of the 29th and Land of the 16th offered the following amendment: Amend the committee substitute to SB 81 by adding on page 3, on line 25: "(4) any agency rule or regulation has been adopted or promulgated in order to imple ment or promote Code Section 12-5-30.2." On the adoption of the amendment, Senator Taylor of the 12th 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 Boshears Brush Burton Cagle Clay Crotts Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thompson Tysinger Those voting in the negative were Senators: Abernathy Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Kemp Middleton Ragan Starr Taylor Thomas of 10th Turner Walker Not voting was Senator Perdue (presiding). MONDAY, FEBRUAEY 17, 1997 351 On the adoption of the amendment, the yeas were 31, nays 24, and the Langford, Land amendment to the committee substitute was adopted. Senator Egan of the 40th offered the following amendment: Amend the Committee Substitute to SB 81 by striking Section 2 and renumbering Sections 3 and 4 to become Sections 2 and 3. On the adoption of the amendment, the yeas were 7, nays 33, and the Egan amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Cagle Egan Fort James Ralston Stokes Tanksley Tysinger Those not voting were Senators: Abernathy Oliver Perdue (presiding) On the passage of the bill, the yeas were 45, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and adopted: SR 206. By Senator Oliver of the 42nd: A resolution recognizing and commending Phil Niekro on being elected to the National Baseball Hall of Fame. Senator Oliver of the 42nd introduced Phil Neikro, commended by SR 206, who ad dressed the Senate briefly. The Calendar was resumed. The President resumed the Chair. 352 JOURNAL OF THE SENATE SB 175. By Senators Turner of the 8th, Thompson of the 33rd, Dean of the 31st and others: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be sub ject to certain limitations. The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 175: A BILL To be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be subject to certain limitations; 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. Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking Code Section 4414-1, relating to operation of "open-end clauses" in mortgages or deeds to secure debt; and inserting in lieu thereof a new Code section to read as follows: "44-14-1. (a) As used in this Code section, the term 'original party' means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mort gage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term 'original party,' as used in this Code section, shall also include, without limitation, any bank, trust company, or other corporation, whether or ganized and existing under the laws of the United States or this state, into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be converted. (b) The operation of 'open-end' clauses contained in real estate mortgages or deeds con veying realty as security for a debt, which clauses provide that, in addition to securing the debt named or described in the instrument, such instruments or the property thereby conveyed shall also secure any other debt or obligation that may be or become owing by the mortgagor or grantor, is limited to other debts or obligations arising ex contractu, as distinguished from those arising ex delicto, belween the original parties to the security insti umeut. and, notwithstanding any of the above, shall work for the benefit of the origi nal party and any initial or subsequent assignee to which the deed or mortgage and the home equity line of credit agreement or similar contract secured thereby is assigned. Accordingly, all advances or disbursements made to the borrower pursuant to an openend clause by the original party and any initial subsequent assignees shall be fully se cured by the realty conveyed by such mortgage or deed." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, 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. MONDAY, FEBRUARY 17, 1997 353 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:40 P.M., the President announced the Senate adjourned. 354 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 18, 1997 Nineteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: SB 221. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the mem bers of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provi sions relating to the compensation of the members of the board of commission ers. SB 233. By Senator Griffin of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magis trate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam County. HB 151. By Representatives Buck of the 135th, Skipper of the 137th, Jamieson of the 22nd and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enter prises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties. HB 308. By Representatives Royal of the 164th, Hudson of the 156th and Reaves of the 178th: A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change the publication schedule of an official directory of certain public officers and officials; to change certain provi sions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Indus try. TUESDAY, FEBRUARY 18, 1997 355 HB 415. By Representatives Ehrhart of the 36th, Westmorland of the 104th, Powell of the 23rd and others: A bill to amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. HB 413. By Representative Barnes of the 33rd: 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 it is unlaw ful knowingly to disclose the location of a family violence shelter. HB 506. By Representatives McKinney of the 51st, Walker of the 141st, Franklin of the 39th and others: A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felo ny if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults. HB 397. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training. HB 399. By Representatives Jenkins of the 110th, Randall of the 127th, Barnes of the 33rd and others: A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to judgments, so as to provide that actual damages arising out of a criminal act shall be designated as criminal restitution. The House has adopted by the requisite constitutional majority the following resolu tion of the House: HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins Park way". 356 JOURNAL OF THE SENATE The following bills were introduced, read the first time and referred to committees: SB 284. By Senator Perdue of the 18th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to transfer certain centralized rec ord-keeping and certification functions relating to notaries public from the Sec retary of State to the Georgia Superior Court Clerks' Cooperative Authority; to provide for the transfer of certain fees to the Georgia Superior Court Clerks' Cooperative Authority. Referred to Committee on State and Local Governmental Operations (General). SB 285. By Senator Egan of the 40th: A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal. Referred to Committee on State and Local Governmental Operations. SB 286. By Senator Egan of the 40th: A bill to provide a homestead exemption from all City of Atlanta School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and auto matic repeal. Referred to Committee on State and Local Governmental Operations. SB 287. By Senator Streat of the 19th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to deregulate the practice of nail care and es thetics but require the regulation of facilities in which such practice occurs; to deregulate schools of nail care and esthetics; to change the provisions relating to definitions and the composition of the State Board of Cosmetology; to require registration as a master cosmetologist in order to practice cosmetology. Referred to Committee on State and Local Governmental Operations (General). SB 288. By Senator Price of the 56th: A bill to amend an Act providing a new charter for the City of Berkeley Lake, as amended, so as to change the corporate limits of the city. Referred to Committee on State and Local Governmental Operations. SR 209. By Senators Blitch of the 7th and Boshears of the 6th: A resolution recognizing and commending the plastics industry in Georgia, the American Plastics Council, the Society of the Plastics Industry, the Georgia Plastics Industry Council, and Image Industries. Referred to Committee on Natural Resources. TUESDAY, FEBRUARY 18, 1997 357 The following bills were read the first time and referred to committees: HB 151. By Representatives Buck of the 135th, Skipper of the 137th, Jamieson of the 22nd and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enter prises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties. Referred to Finance and Public Utilities Committee. HB 308. By Representatives Royal of the 164th, Hudson of the 156th and Reaves of the 178th: A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change the publication schedule of an official directory of certain public officers and officials; to change certain provi sions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Indus try. Referred to State and Local Governmental Operations (General) Committee. HB 397. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training. Referred to Public Safety Committee. HB 399. By Representatives Jenkins of the 110th, Randall of the 127th, Barnes of the 33rd and others: A bill to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to judgments, so as to provide that actual damages arising out of a criminal act shall be designated as criminal restitution. Referred to Special Judiciary Committee. HB 413. By Representative Barnes of the 33rd: 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 it is unlaw ful knowingly to disclose the location of a family violence shelter. Referred to Judiciary Committee. 358 JOURNAL OF THE SENATE HB 415. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Powell of the 23rd and Jones of the 71st: A bill to amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Referred to Science, Technology and Industry Committee. HB 506. By Representatives McRinney of the 51st, Walker of the 141st, Franklin of the 39th and others: A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felo ny if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults. Referred to Judiciary Committee. HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins Park way". Referred to Transportation Committee. HR 298. By Representatives Williams of the 63rd, Ladd of the 59th and DeLoach of the 172nd: A resolution commending Brook Run institution for outstanding service and urging continued support for its funding. Referred to Health and Human Services Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 59. Do pass by substitute. SB 280. Do pass. HB 97. Do pass by substitute. Respectfully submitted, Senator Langford of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 206. Do pass. SB 230. Do pass. TUESDAY, FEBRUARY 18, 1997 359 SB 231. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 247. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 250. Do pass by substitute. Respectfully submitted, Senator Blitch of the 7th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 265. Do pass. HB 249. Do pass. HB 291. Do pass. HB 298. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman The following bill was read the second time: SB 91 Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan 360 JOURNAL OF THE SENATE Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not answering were Senators: Langford Perdue (presiding) Thomas of 10th Walker Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Cagle of the 49th introduced the chaplain of the day, Pastor Robbie Foster, pastor of Hopewell Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer. The following communication was received by the Secretary: Please include in the record, that even though I missed roll call, I was in attendance on Tuesday, February 18, 1997. /s/ Steve Langford, 29th District Senator Turner of the 8th moved that the following bill be withdrawn from the Bank ing and Financial Institutions Committee and committed to the Finance and Public Utili ties Committee. HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 424 was with drawn from the Banking and Financial Institutions Committee and committed to the Fi nance and Public Utilities Committee. Senator Hill of the 4th introduced Dr. Curtis Hames, commended by SR 81, adopted previously, who addressed the Senate briefly. The following resolutions were read and adopted: SR 210. By Senator Kemp of the 3rd: A resolution commending Sergeant Harold Woods. SR 212. By Senator Price of the 56th: A resolution commending Bradley K. Albritton. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Tuesday, February 18, 1997 NINETEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) TUESDAY, FEBRUARY 18, 1997 361 SB 10 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Amends an Act entitled "An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson -mayor and ten members," as amended, so as to provide that membership of boards, commissions, committees, panels, authorities, or other entities shall be appointed by such governing authority without the recommendation of the Richmond County delegation to the General Assembly. HB 411 Middleton, 50th STEPHENS COUNTY Provides a homestead exemption from certain Stephens County ad valorem tax es for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. HB 412 Middleton, 50th STEPHENS COUNTY Provides a homestead exemption from certain Stephens County ad valorem tax es for county purposes in the amount of $12,000.00 of the assessed value of the homestead residents of that county. HB 432 Lamutt, 21st Thompson, 33rd Tanksley, 32nd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. HB 436 Blitch, 7th COOK COUNTY Amends an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairperson and members of the board of com missioners. HB 448 Ragan, llth MILLER COUNTY Amends an Act changing the method of selecting the members of the board of education of Miller County, so as to provide for staggered terms of office. 362 JOURNAL OF THE SENATE HB 457 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. 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 Bowen Broun of 46th Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Price of 28th Price of 56th Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Blitch Boshears Brown of 26th Brush Cagle Madden Perdue (presiding) Ragan Ralston On the passage of the local bills, the yeas were 47, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. HR 47 Kaufmann, James A., Jr., M.D.; authorize portrait in Medical Aid Station (Rules--36th) Murphy--18th SENATE RULES CALENDAR Tuesday, February 18, 1997 NINETEENTH LEGISLATIVE DAY SB 199 Forgery--penalty for sale of false identification to minor (Amendments) (S Judy--37th) SB 111 Retail Liquor License Applicant--residency requirements (Substitute) (C Aff-- 33rd) TUESDAY, FEBRUARY 18, 1997 363 SB 62 Adult Bookstore, Theatre -- distance from church, school, college (Substitute) (C Aff--35th) SB 67 Crimes Against Family Members Act of 1997--provide (Substitute) (Judy-- 12th) SB 155 Insurance--provisions on discount for drug-free workplace (Substitute) (I&L-- 12th) SB 173 Bomb Technician -- training, EMT support of disposal operations (Amendment) (Pub Saf--44th) SB 184 Durable Power of Attorney for Health -- appointment of guardian (Substitute) (S Judy--48th) HB 34 Supplemental appropriations; FY 1996-97 (Substitute) (Approp-- 14th) Murphy-- 18th HB 188 Counties and municipalities; certain acts; change effective date (Judy--10th) Royal-- 164th SB 138 Hospitals--no staff privilege denial on basis of certain licenses (Substitute) (H&HS-- 22nd) SB 214 Chiropractors--provide for certain treatment, referrals (Amendment) (C Aff-- 6th) SB 121 Speed Limits--construction sites (Trans--33rd) SB 118 Rail Passenger Authority Law--redefine project (Trans--33rd) SB 28 Child Support--petition terminating biological father's rights (Substitute) SB 57 Privatization of State Institution Operations -- certain notice (Substitute) (SLGO-G-- 25th) SB 105 Sex Offender Registration--redefine criminal offense against minor (Amend ment) (Judy-- 12th) SB 78 Court of Appeals--change number of judges (Judy--42nd) SB 117 Indemnification of Highway Employees--when death, disability (S Judy--33rd) SB 68 Georgia Youthbuild Program Act--provide (H&HS--55th) SB 30 Local Volunteer Fire Departments--may form nonprofit corporation (Amend ment) (SLGO-G--6th) SB 58 Fatherhood Responsibility Act--provide (Substitute) (S Judy--6th) SB 90 Victim Compensation, Crimes Committed Outside State--eligibility (Judy-- 12th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee 364 JOURNAL OF THE SENATE The following resolution was read the third time and put upon its adoption: HR 47. By Representatives Murphy of the 18th, Lee of the 94th, Connell of the 115th and others: A resolution authorizing the hanging of a portrait of James A. Kaufmann, M.D. On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President introduced Dr. James Kaufmann, commended by HR 47, and Senator Scott of the 36th unveiled the portrait of Dr. Kaufmann. Dr. Kaufmann addressed the Senate briefly. The following general bills were read the third time and put upon their passage: SB 199. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to increase the penalty for sale or distribution of a false identification document to a minor. Senators Cagle of the 49th, Ray of the 48th, Ralston of the 51st and others offered the following amendment: Amend SB 199 by inserting at the end of line 4 the following: "to make it unlawful for any person to knowingly possess with intent to defraud or deceive a. false identification document;" Further, by striking lines 24 through 26 in their entirety and inserting in lieu thereof the following: "(b)(l) It shall be unlawful for any person to knowingly possess with intent to defraud or deceive, manufacture, sell, or distribute a false identification document." On the adoption of the amendment, the yeas were 32, nays 1, and the Cagle, et al. amendment to SB 199 was adopted. Senators Crotts of the 17th and Clay of the 37th offered the following amendment: Amend SB 199 by adding preceding the semicolon on line 4 of page 1 the following: "or an illegal alien". By adding following the word "minor" on line 5 of page 2 the following: "or an illegal alien". On the adoption of the amendment, the yeas were 37, nays 2, and the Crotts, Clay amendment to SB 199 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt TUESDAY, FEBRUARY 18, 1997 365 Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Voting in the negative was Thomas of the 10th. Not voting were Senators Clay and Perdue (presiding). On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. Senator Scott of the 36th introduced the doctor of the day, Dr. Robert Kaufmann. The President assumed the Chair. 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 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term absentee elector; to provide that an elector may choose to vote by absentee ballot without giving a reason for such choice. The following bill was read the first time and referred to committee: HB 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term absentee elector; to provide that an elector may choose to vote by absentee ballot without giving a reason for such choice. Referred to State and Local Governmental Operations (General) Committee. The Calendar was resumed. SB 111. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits deal er's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located. The Senate Consumer Affairs Committee offered the following substitute to SB 111: A BILL To be entitled an Act to amend Code Section 3-4-23 of the Official Code of Georgia Anno tated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax 366 JOURNAL OF THE SENATE stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No retail dealer's license or tax stamps for distilled spirits shall be sold to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the a county or munic ipality where distilled spirits may be legally sold under this chapter. A"ny applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipal ity where distilled spirits may be legally sold may reside anywhere within such county in which the municipality is located." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Dean Glanton Perdue Starr Those not voting were Senators: Johnson of 2nd Price of 28th Ragan TUESDAY, FEBRUARY 18, 1997 367 On the passage of the bill, the yeas were 49, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. SB 62. By Senator James of the 35th: A bill to amend Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to prohibit the location of an adult bookstore or adult movie house within 200 yards of a school building, school grounds, college campus, or church build ing; to provide for applicability. The Senate Consumer Affairs Committee offered the following substitute to SB 62: A BILL To be entitled an Act to amend Code Section 36-60-3 of the Official Code of Georgia Anno tated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to define certain terms; to prohibit the location of an adult bookstore or adult movie house within 1,000 feet of a school building, school grounds, college campus, or church building; to provide for applicability; to authorize more stringent local restrictions; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, is amended by striking said Code sec tion in its entirety and inserting in lieu thereof the following: "36-60-3. (a) As used in this Code section, the term: (1) 'Adult bookstore' means any commercial establishment whose inventory of goods is composed of at least 50 percent in which is ufftued fui sale any bouk of books, pam phlets, magazines, or other printed ui publication, film publications, films, or other medium media which depicts depict sexually explicit nudity or sexual conduct. (2) 'Adult movie house' means any movie theater which on a regular, continuing basis shows films rated 'X' by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis socalled 'adult films' depicting sexual conduct. (4) (3) 'Sexual conduct' means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breast which, to the average person, apply ing contemporary community standards, taken as a whole, predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sex. (9) (4) 'Sexually explicit nudity' 'Nudity' means Uie allowing uf a state of undress so as to expose the human male or female genitals or pubic area with less than a full opaque covering or the depiction of covered or uncovered male genitals in a discernibly turgid state which, to the average person, applying contemporary community standards, taken as a whole, predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sexl (b) The governing authority of each county and municipal corporation is authorized to enact, for their respective jurisdictions, ordinances which shall have the effect of restrict ing the operation of adult bookstores and adult movie houses to areas zoned for commer cial or industrial purposes; provided, however, that no adult bookstore or adult movie house shall be located within 1,000 feet of any school building, school grounds, college 368 JOURNAL OF THE SENATE campus, or church building. As used in this subsection, the term 'school building* shall apply only to public or private school buildings. The distance requirement provided in this subsection for adult bookstores and adult movie houses shall not apply to said loca tions which hold lawful permits or business licenses and are operating on July 1, 1997. Nothing in this Code section shall be construed so as to prohibit the adoption by the governing authority of any county or municipality of restrictions relating to the location of adult bookstores and adult movie houses which are more stringent than the require ments of this Code section. (c) Any person, firm, or corporation violating any ordinance enacted pursuant to subsec tion (b) of this Code section shall be guilty of a misdemeanor. Each day of operation in violation shall be deemed a separate offense." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Blitch and Johnson of the 2nd. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 67. By Senators Taylor of the 12th, Brown of the 26th and Oliver of the 42nd: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1997"; to define the offense of family violence assault; to provide penalties for such offense; to define the offense of TUESDAY, FEBRUARY 18, 1997 369 family violence aggravated assault; to provide penalties for such offense; to de fine the offense of family violence simple battery; to provide a penalty for such offense; to provide for minimum periods of imprisonment for certain offenses. The Senate Judiciary Committee offered the following substitute to SB 67: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1997"; to define the offense of family violence as sault; to provide penalties for such offense; to provide a specific penalty for the offense of simple assault against a person who is 65 years of age or older; to define the offense of family violence aggravated assault; to provide penalties for such offense; to define the of fense of family violence simple battery; to provide a penalty for such offense; to change the penalty provisions relating to the offense of family violence battery; to provide a specific penalty for the offense of battery against a person who is 65 years of age or older; to define the offense of family violence aggravated battery; to provide penalties for such offense; to provide for minimum periods of imprisonment for certain offenses; to provide that certain sentences of imprisonment shall not be suspended, stayed, probated, deferred, or withheld; 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 "Crimes Against Family Members Act of 1997." SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by striking Code Section 16-5-20, relating to the crime of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows: "16-5-20. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsecliuii subsections (c), (d), and (e) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and ag gravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence assault. Any person who commits the offense of family violence assault shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. 370 JOURNAL OF THE SENATE (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature?* SECTION 3. Said article is further amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c), (d), (e), (f), (g), and (h), and (i) of this Code section, a person convicted of the offense of aggravated assault shall be punished by im prisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace of ficer while the peace 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. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards 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 perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code Section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon con viction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living TUESDAY, FEBRUARY 18, 1997 371 in the same household, then such offense shall constitute the offense of family violence aggravated assault. Any person who commits the offense of family violence aggravated assault shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows! (1) Upon a first conviction of family violence aggravated assault, the defendant shall receive a minimum sentence of imprisonment of ten days which shall not be sus pended, stayed, probated, deferred, or withheld; (2) Upon a second conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld; and (3) Upon a third or subsequent conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of impris owinthmheeldn."t--o--f--o--n--e --y--ea--r--w--h--ic--h----sh--a--ll--n--o--t --be----su--s--pe--n--d--ed--, --s--ta--ye--d--, --p--ro--b--at--ed--,--d--e--fe--rr--ed--,--o--r SECTION 4. Said article is further amended by striking in its entirety Code Section 16-5-23, relating to simple battery, and inserting in lieu thereof a new Code Section 16-5-23 to read as follows: "16-5-23. (a) A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another. (b) Except as otherwise provided in subsections (c), (d), arrd (e), and (f) of this Code sec tion, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and ag gravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggra vated nature. (f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence simple battery and shall be punished for a misdemeanor of a high and aggravated nature, and shall be subject to a minimum mandatory period of imprisonment as follows: (1) Upon a first conviction of family violence simple battery, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be suspended^ stayed, probated, deferred, or withheld; (2) Upon a second conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 15 days which shall not be suspended, stayed, probated, deferred, or withheld; and 372 JOURNAL OF THE SENATE (3) For a third or subsequent conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprison ment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld." SECTION 5. Said article is further amended by striking Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows: "16-5-23.1. (a) A person commits the offense of battery when he or she intentionally causes substan tial physical harm or visible bodily harm to another. (b) As used in this Code section, the term Visible bodily harm' means bodily harm capa ble of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections (d), (e), (f), and (g), and (h) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, how ever, that it is within the authority and discretion of the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there ex ists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defend ant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection. (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same house hold, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor of a high and aggravated nature and shall be subject to a minimum sentence of imprisonment of ten days which shall not be suspended, stayed, probated, deferred, or withheld; and. (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; provided, however, that the defendant shall be subject to a minimum sentence of imprisonment of 60 days for a second conviction and one year for a third or subsequent conviction which minimum periods of imprisonment shall not be suspended, stayed, probated, deferred, or with held. In no event shall this subsection ffl be applicable to reasonable corporal punish ment administered by parent to child. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated TUESDAY, FEBRUARY 18, 1997 373 nature. For purposes of this Code section 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature." SECTION 6. Said article is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows: "16-5-24. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by render ing a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c), (d), (e), (f), ami (g) and (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace of ficer while the 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. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e)(l) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Stan dards 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 perform ance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of sub section (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence aggravated battery. Any person who commits the offense of family violence aggravated battery shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years and shall be subject to a minimum mandatory period of imprison ment as follows: 374 JOURNAL OF THE SENATE (1) Upon a first conviction of family violence aggravated battery, the defendant shall Feceive a minimum sentence of imprisonment of one year which shall not be sus pended, stayed, probated, deferred, or withheld; and (2) Upon a second or subsequent conviction of family violence aggravated battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of five years which shall not be suspended, stayed, probated, deferred, or withheld." SECTION 7. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Ray of the 48th, Price of the 56th, Cagle of the 49th and Glanton of the 34th offered the following amendment: Amend the committee substitute to SB 67 by adding at the end of line 14, page 6 the following sentence: "In no event shall this subsection be applicable to reasonable corporal punishment ad ministered by parent to child." On the adoption of the amendment, the yeas were 35, nays 0, and the Ray, et al. amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy James Johnson of 2nd Thomas of 10th On the passage of the bill, the yeas were 52, nays50. TUESDAY, FEBRUARY 18, 1997 375 The bill, having received the requisite constitutional majority, was passed by substitute. HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal year 1996-1997. Senate Sponsor: Senator Hooks of the 14th. The Senate Committee on Appropriations Offered the Following Substitute to H.B. 34: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 $10,500,000,000 (ex cluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly .................................. $26,278,571 Personal Services--Staff ....................................... $13,982,258 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.............................. $145,980 Per Diem, Fees and Contracts--Elected Officials ................... $2,394,925 Photography..................................................... $90,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$26,278,571 State Funds Budgeted ........................................ .$26,278,571 376 JOURNAL OF THE SENATE Senate Functional Budgets Total Funds Senate and Research Office $ 4,107,790 Lt. Governor's Office $ 658,038 Secretary of the Senate's Office $ 1,191,350 Total $ 5,957,178 State Funds 4,107,790 658,038 1,191,350 5,957,178 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 2,152,611 Legislative Budget Office 1,006,538 Ancillary Activities 1,401,672 Budgetary Responsibility Oversight Committee 377,153 Total 7,719,579 State Funds 2,781,605 2,152,611 1,006,538 1,401,672 377,153 7,719,579 For compensation, expenses, mileage, allowance, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than 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 TUESDAY, FEBRUARY 18, 1997 377 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 ............................... $20,625,494 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 ............................................. $1,579,000 Telecommunications ............................................. $162,148 Total Funds Budgeted ......................................... $20,625,494 State Funds Budgeted ......................................... $20,625,494 PART II. JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch .................................... $85,838,558 Personal Services .............................................$12,314,773 Other Operating .............................................. $70,476,312 Prosecuting Attorney's Council................................... $2,325,110 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 ......................................... $87,472,799 State Funds Budgeted ........................................ .$85,838,558 Judicial Branch Functional Budgets Total Funds Supreme Court $ 6,641,102 Court of Appeals $ 8,004,049 Superior Court--Judges $ 35,735,637 Superior Court--District Attorneys $ 27,798,196 Juvenile Court $ 1,093,172 Institute of Continuing Judicial Education $ 758,378 Judicial Council $ 2,026,094 Judicial Qualifications Commission $ 168,197 Indigent Defense Council $ 3,000,000 Georgia Courts Automation Commission $ 1,998,906 Georgia Office of Dispute Resolution $ 249,068 Total $ 87,472,799 State Funds $ 6,015,631 $ 7,954,049 $ 35,667,637 $ 26,907,426 $ 1,093,172 $ 758,378 $ 2,026,094 $ 168,197 $ 3,000,000 $ 1,998,906 $ 249,068 $ 85,838,558 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services .............. .$42,126,890 Personal Services ............................................. $50,932,252 Regular Operating Expenses ................................... $13,051,106 378 JOURNAL OF THE SENATE Travel ......................................................... $434,831 Motor Vehicle Purchases ......................................... $696,459 Equipment .................................................... $1,608,195 Computer Charges ............................................ $11,737,692 Real Estate Rentals ............................................ $3,586,862 Telecommunications ............................................ $4,134,175 Per Diem, Fees and Contracts ................................... $3,036,876 Rents and Maintenance Expense ................................ $11,796,710 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 ........................................... .$60,183,280 Radio Billings .................................................. $929,406 Materials for Resale ........................................... $21,000,000 Public Safety Officers Indemnity Fund............................. $550,000 Health Planning Review Board Operations .......................... $85,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$187,959,787 State Funds Budgeted ......................................... $42,126,890 Departmental Functional Budgets Total Funds Executive Administration $ 2,440,977 Departmental Administration $ 2,232,092 Statewide Systems $ 12,701,985 Space Management $ 530,934 Procurement Administration $ 3,061,819 General Services $ 683,232 Central Supply Services $ 20,919,779 Data Processing Services $ 47,343,191 Motor Vehicle Services $ 4,627,673 Communication Services $ 76,288,305 Printing Services $ 3,363,509 Surplus Property $ 2,691,230 Mail and Courier Services $ 1,309,330 Risk Management $ 4,344,516 State Properties Commission $ 668,788 Distance Learning and Telemedicine $ 0 Office of the Treasury $ 1,092,425 State Office of Administrative Hearings $ 3,660,002 Total $ 187,959,787 B. Budget Unit: Georgia Building Authority Personal Services ....................... Regular Operating Expenses ............. Travel ................................. Motor Vehicle Purchases ................. State Funds $ 1,662,773 $ 2,100,905 $ 9,727,188 $ 530,934 $ 3,061,819 $ 0 $ 0 $ 14,069,599 $ 0 $ 5,850,000 $ 0 $ 0 $ 0 $ 550,000 $ 668,788 $ 0 $ 519,051 $ 3,385,833 $ 42,126,890 ............ $0 $22,260,369 $13,236,589 ....... $12,000 ...... $268.000 TUESDAY, FEBRUARY 18, 1997 379 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 Facility 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 ......................... .$37,694,271 Personal Services ............................................ .$31,819,304 Regular Operating Expenses .................................... $4,514,508 Travel ........................................................ $1,074,894 Motor Vehicle Purchases ......................................... $692,227 Equipment ..................................................... $439,750 Computer Charges .............................................. $550,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $992,587 Market Bulletin Postage ........................................ $1,046,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,750,466 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,719,702 Veterinary Fees ................................................. $312,000 Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $662,431 Payments to Georgia Development Authority ............................. $0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ............................ $350,000 Capital Outlay........................................................ $0 Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ......................................... $49,425,929 380 JOURNAL OF THE SENATE State Funds Budgeted ......................................... $37,694,271 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,520,089 $ 7,739,089 Animal Industry $ 16,000,489 $ 12,868,354 Marketing $ 6,687,636 $ 3,012,636 Internal Administration $ 5,837,509 $ 5,650,009 Fuel and Measures $ 3,449,263 $ 3,319,563 Consumer Protection Field Forces $ 8,348,840 $ 5,104,620 Seed Technology $ 582,103 $ 0 Total $ 49,425,929 $ 37,694,271 B. Budget Unit: Georgia Agrirama Development Authority .................... $0 Personal Services ............................................... $934,037 Regular Operating Expenses ..................................... $178,872 Travel ........................................................... $4,650 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $3,060 Computer Charges ................................................ $2,000 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,757 Per Diem, Fees and Contracts ...................................... $7,225 Capital Outlay.................................................. $145,367 Goods for Resale ................................................ $107,050 Total Funds Budgeted .......................................... $1,390,018 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 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 ......... .$149,407,187 Personal Services ............................................ .$95,045,696 Regular Operating Expenses .................................... $9,486,811 Travel ......................................................... $939,357 Motor Vehicle Purchases ......................................... $185,788 Equipment ..................................................... $465,630 Computer Charges .............................................. $346,436 Real Estate Rentals ............................................ $1,690,885 Telecommunications ............................................ $1,010,824 Per Diem, Fees and Contracts ................................... $5,743,294 Utilities ....................................................... $2,959,577 Institutional Repairs and Maintenance ............................ $509,559 TUESDAY, FEBRUARY 18, 1997 381 Grants to County-Owned Detention Centers ....................... $3,615,495 Service Benefits for Children ................................... $17,682,980 Purchase of Service Contracts .................................. $15,481,530 Capital Outlay ........................................................ $0 Total Funds Budgeted ....................................... .$155,163,862 State Funds Budgeted ....................................... .$149,407,187 Departmental Functional Budgets Total Funds Regional Youth Development Centers $ 31,841,613 Bill Ireland YDC $ 15,900,486 Augusta State YDC $ 10,897,401 Lorenzo Benn YDC $ 6,538,420 Macon State YDC $ 5,564,824 Wrightsville YDC $ 14,855,196 YDC Purchased Services $ 14,593,530 Court Services $ 19,219,077 Day Centers $ 496,745 Group Homes $ 1,043,480 CYS Purchased Services $ 20,068,552 Law Enforcement Office $ 1,650,835 Assessment and Classification $ 591,587 Multi-Service Centers $ 3,886,910 Youth Services Administration $ 8,015,206 Total $ 155,163,862 State Funds $ 29,863,052 $ 15,123,043 $ 10,234,969 $ 6,223,039 $ 5,228,227 $ 14,519,944 $ 14,306,280 $ 19,072,273 $ 496,745 $ 1,043,480 $ 19,241,597 $ 1,650,835 $ 591,587 $ 3,796,910 $ 8,015,206 $ 149,407,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $47,037,552 Personal Services ............................................. $13,169,863 Regular Operating Expenses .................................... $1,615,940 Travel ......................................................... $342,534 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $96,673 Real Estate Rentals ............................................ $1,102,988 Per Diem, Fees and Contracts ................................... $1,257,446 Computer Charges .............................................. $387,197 Telecommunications ............................................. $344,452 Capitol Felony Expenses ................................................ 0 Contracts for Regional Planning and Development ................. $2,167,374 Local Assistance Grants ....................................... $23,566,971 Appalachian Regional Commission Assessment ..................... $112,439 Community Development Block Grants--Federal ................. $30,000,000 Payment to Georgia Environmental Facilities Authority ............ $2,407,584 Payment to Georgia Housing and Finance Authority ............... $2,814,244 ARC-Revolving Loan Fund ............................................. $0 Local Development Fund ......................................... $650,000 Payments to Music Hall of Fame Authority ........................ $965,278 Payment to State Housing Trust Fund. ........................... $4,625,000 Payments to Sports Hall of Fame ................................. $281,541 Regional Economic Business Assistance Grants .................... $6,650,000 Local Government Efficiency Grant Program ....................... $500,000 382 JOURNAL OF THE SENATE State Commission on National and Community Service .............. $214,856 EZ/EC Administration ........................................... $209,499 EZ/EC Grants ........................................................ $0 Business Flood Disaster Recovery Program............................... $0 Targeted Regional Assistance Program .................................. $0 Administrative Cost Allocation.......................................... $0 Total Funds Budgeted ........................................ .$93,481,879 State Funds Budgeted ........................................ .$47,037,552 Departmental Functional Budgets Total Funds Executive Division $ 1,053,363 Research and Information Division $ 2,896,369 Planning and Management Division $ 4,481,067 Business and Financial Assistance Division $ 39,376,604 Housing and Finance Division $ 4,005,987 Accounting, Audits and Administration Division $ 38,077,792 Rental Assistance Division $ 3,590,697 Total $ 93,481,879 State Funds $ 546,906 $ 2,448,142 $ 4,276,254 $ 7,828,061 $ 0 $ 31,938,189 $ 0 $ 47,037,552 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation .......... $674,907,443 Personal Services ............................................$474,541,615 Regular Operating Expenses .................................. .$59,315,330 Travel ........................................................ $2,139,094 Motor Vehicle Purchases ........................................ $4,348,384 Equipment .................................................... $5,221,705 Computer Charges ............................................. $6,078,360 Real Estate Rentals ............................................ $6,008,776 Telecommunications ............................................ $7,505,873 Per Diem, Fees and Contracts .................................. $12,797,324 Capital Outlay........................................................ $0 Utilities..................................................... .$20,659,455 Court Costs ................................................... $1,200,000 County Subsidy ...............................................$16,856,950 County Subsidy for Jails ........................................ $3,343,750 County Workcamp Construction Grants.................................. $0 Central Repair Fund ........................................... $1,127,250 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,500,000 Health Services Purchases ..................................... $65,495,930 Payments to MAG for Health Care Certification ..................... $63,420 University of Georgia--College of Veterinary Medicine Contracts .................................................... $366,244 Minor Construction Fund ....................................... $1,029,000 Total Funds Budgeted ....................................... .$695,495,320 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ........................................ $674,907,443 TUESDAY, FEBRUARY 18, 1997 383 Departmental Functional Budgets Total Funds State Funds Executive Operations $ 14,977,276 $ 14,620,276 Administration $ 88,195,813 $ 84,886,738 Human Resources $ 12,358,510 $ 12,358,510 Field Probation $ 59,672,669 $ 59,192,669 Facilities $ 520,291,052 $ 503,849,250 Total $ 695,495,320 $ 674,907,443 B. Budget Unit: Board of Pardons and Paroles ....................... $43,308,314 Personal Services ............................................. $33,766,363 Regular Operating Expenses .................................... $1,615,677 Travel ......................................................... $547,000 Motor Vehicle Purchases ......................................... $228,000 Equipment ..................................................... $191,424 Computer Charges .............................................. $291,200 Real Estate Rentals ............................................ $2,785,000 Telecommunications ............................................. $930,000 Per Diem, Fees and Contracts ................................... $2,278,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ......................................... $43,308,314 State Funds Budgeted ......................................... $43,308,314 Section 10. Department of Defense. Budget Unit: Department of Defense............................... $4,230,851 Personal Services .............................................. $9,090,415 Regular Operating Expenses .................................... $6,198,797 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 ........................................ .$15,881,777 State Funds Budgeted .......................................... $4,230,851 Departmental Functional Budgets Total Funds Office of the Adjutant General $ 1,281,075 Georgia Air National Guard $ 5,316,273 Georgia Army National Guard $ 9,284,429 Total $ 15,881,777 State Funds $ 1,241,926 $ 618,360 $ 2,370,565 $ 4,230,851 Section 11. State Board of Education Department of Education A. Budget Unit: Department of Education ........................ $4,110,954,076 Operations: Personal Services .............................................$33,455,602 Regular Operating Expenses .................................... $5,226,647 Travel ......................................................... $967,224 Motor Vehicle Purchases .......................................... $57,592 Equipment ..................................................... $117,371 384 JOURNAL OF THE SENATE Computer Charges ............................................. $7,526,554 Real Estate Rentals ............................................ $1,309,614 Telecommunications ............................................ $1,109,107 Per Diem, Fees and Contracts .................................. $17,511,784 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.................................. $91,618,777 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....................................... .$78,838,661 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 ............................... $2,210,804 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......................................... $3,500,000 Counselors .................................................... $7,580,313 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 Salaries and Travel of Public Librarians ................................. $0 Public Library Materials ............................................... $0 Talking Book Centers. ................................................. $0 Public Library M & O ................................................. $0 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 TUESDAY, FEBRUARY 18, 1997 385 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 ............................................ $3,300,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $55,000 Technology Specialist.......................................... $15,289,138 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,606,982,339 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $4,110,954,076 Departmental Functional Budgets Total Funds State Funds State Administration $ 9,979,858 $ 8,522,164 Student Learning Assessment $ 16,560,416 $ 12,494,463 Governor's Honors Program $ 1,216,892 $ 1,139,303 Quality and School Support $ 4,752,496 $ 4,752,496 Federal Programs $ 6,005,977 $ 717,685 Technology $ 11,784,145 $ 10,710,449 Professional Practices $ 1,099,461 $ 1,099,461 Local Programs $ 4,539,138,572 $ 4,056,048,225 Georgia Academy for the Blind $ 5,396,840 $ 5,143,455 Georgia School for the Deaf $ 4,999,826 $ 4,770,730 Atlanta Area School for the Deaf $ 5,044,718 $ 4,771,163 Office of School Readiness $ 1,003,138 $ 784,482 Total $ 4,606,982,339 $ 4,110,954,076 B. Budget Unit: Lottery for Education ............................ .$351,931,780 Pre-Kindergarten for 4-year-olds .............................. .$204,982,285 Applied Technology Labs ........................................ $3,650,000 Assistive Technology .................................................. $0 Alternative Programs ........................................... $1,100,000 Educational Technology Centers ........................................ $0 Distant Learning--Satellite Dishes................................ $250,000 Model Technology Schools .............................................. $0 Capital Outlay.............................................. .$108,797,885 Post Secondary Options ......................................... $3,310,000 386 JOURNAL OF THE SENATE Learning Logic Sites................................................... $0 Financial and Management Equipment ........................... $2,736,950 Computers in the Classroom $27,104,660 Total Funds Budgeted ....................................... .$351,931,780 Lottery Funds Budgeted ..................................... .$351,931,780 Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System............................... $0 Personal Services .............................................. $1,969,849 Regular Operating Expenses ..................................... $301,000 Travel .......................................................... $18,000 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $13,220 Computer Charges .............................................. $554,222 Real Estate Rentals ............................................. $306,040 Telecommunications .............................................. $38,362 Per Diem, Fees and Contracts ................................... $1,313,358 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,514,051 State Funds Budgeted ................................................. $0 Section 13. Forestry Commission. Budget Unit: Forestry Commission ............................... $35,585,086 Personal Services ............................................ .$29,287,269 Regular Operating Expenses .................................... $5,693,751 Travel ......................................................... $159,937 Motor Vehicle Purchases ........................................ $1,032,785 Equipment .................................................... $1,599,619 Computer Charges .............................................. $310,500 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts ................................... $1,094,798 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 ......................................... $40,491,781 State Funds Budgeted ......................................... $35,585,086 Departmental Functional Budgets Total Funds Reforestation $ 1,843,044 Field Services $ 34,669,238 General Administration and Support $ 3,979,499 Total $ 40,491,781 State Funds $ 52,726 $ 31,721,016 $ 3,811,344 $ 35,585,086 Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...................... $46,922,957 Personal Services .............................................$35,571,860 Regular Operating Expenses .................................... $4,283,612 Travel ......................................................... $448,187 Motor Vehicle Purchases ......................................... $476,558 Equipment ..................................................... $606,640 Computer Charges .............................................. $610,837 Real Estate Rentals ............................................ $2,063,325 Telecommunications ............................................ $1,082,166 TUESDAY, FEBRUARY 18, 1997 387 Per Diem, Fees and Contracts ................................... $1,295,772 Evidence Purchased ............................................. $484,000 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $46,922,957 State Funds Budgeted ......................................... $46,922,957 Departmental Functional Budgets Total Funds Administration $ 3,777,831 Investigative $ 24,512,684 Georgia Crime Information Center $ 7,965,488 Forensic Sciences $ 10,666,954 Total $ 46,922,957 State Funds $ 3,777,831 $ 24,512,684 $ 7,965,488 $ 10,666,954 $ 46,922,957 Section 15. Office of the Governor. A. Budget Unit: Office of the Governor ............................ . .$32,339,333 Personal Services ............................................. $15,246,726 Regular Operating Expenses ..................................... $954,076 Travel ......................................................... $266,239 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $63,776 Computer Charges .............................................. $582,757 Real Estate Rentals ............................................ $1,002,683 Telecommunications ............................................. $455,681 Per Diem, Fees and Contracts ................................... $4,306,578 Cost of Operations ............................................. $3,432,344 Mansion Allowance ............................................... $40,000 Governor's Emergency Fund ..................................... $5,185,678 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,850,000 Art Grants of Non-State Funds ................................... $214,000 Humanities Grant--State Funds .................................. $150,000 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,477,500 Georgia Crime Victims Assistance Program ........................ $100,000 Grants to Local Systems ......................................... $684,400 Grants--Local EMA ............................................ $1,085,968 Grants--Other........................................................ $0 Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ......................................... $39,614,381 State Funds Budgeted ......................................... $32,339,333 Departmental Functional Budgets Total Funds Governor's Office $ 8,823,022 Office of Equal Opportunity $ 981,413 Office of Planning and Budget $ 7,687,160 Council for the Arts $ 4,996,782 Office of Consumer Affairs $ 3,251,629 Georgia Information Technology Policy Council $ 342,373 Criminal Justice Coordinating Council $ 1,230,166 Children and Youth Coordinating Council $ 2,206,223 State Funds $ 8,823,022 $ 823,413 $ 7,587,160 $ 4,420,782 $ 3,251,629 $ 342,373 $ 290,847 $ 531,223 388 JOURNAL OF THE SENATE 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 $ 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 $ 39,614,381 $ 32,339,333 Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations ......................... .$693,449,243 1. General Administration and Support Budget: Personal Services ............................................. $52,458,594 Regular Operating Expenses .................................... $2,156,126 Travel ........................................................ $1,332,131 Motor Vehicle Purchases ........................................ $1,647,558 Equipment ...................................................... $89,753 Real Estate Rentals ............................................ $4,818,586 Per Diem, Fees and Contracts ................................... $5,470,346 Computer Charges ............................................. $1,282,446 Telecommunications ............................................. $726,204 Special Purpose Contracts........................................ $284,000 Service Benefits for Children ................................... $46,986,389 Purchase of Service Contracts .................................. $37,751,222 Institutional Repairs and Maintenance ............................. $73,440 Postage ........................................................ $996,644 Payments to DMA--Community Care ........................... $17,982,073 Grants to County DFACS--Operations ............................ $797,890 Total Funds Budgeted ........................................ $174,853,402 Indirect DOAS Services Funding .................................. $412,600 State Funds Budgeted ....................................... .$108,659,217 Departmental Functional Budgets Total Funds Commissioner's Office $ 960,368 Budget Administration $ 1,255,065 Children's Community Based Initiative $ 5,119,250 Troubled Children's Placements $ 46,986,389 Technology and Support $ 21,446,210 Facilities Management $ 5,480,691 Regulatory Services--Program Direction and Support $ 877,102 Child Care Licensing $ 2,739,981 Health Care Facilities Regulation $ 9,960,897 Fraud and Abuse $ 6,265,864 Financial Services $ 6,178,684 Auditing Services $ 1,845,416 Personnel Administration $ 1,824,319 Indirect Cost $ 0 Policy and Government Services $ 1,031,559 State Funds $ 960,368 $ 1,255,065 $ 4,744,250 $ 33,835,726 $ 19,803,056 $ 4,226,695 $ 867,102 $ 2,739,981 $ 4,226,414 $ 2,306,430 $ 5,978,684 $ 1,845,416 $ 1,824,319 $ (8,595,811) $ 1,031,559 TUESDAY, FEBRUARY 18, 1997 389 Aging Services 59,481,999 29,943,161 State Health Planning Agency 1,695,639 1,615,639 DD Council 1,703,969 51,163 Total 174,853,402 108,659,217 2. Public Health Budget: Personal Services .............................................$52,696,147 Regular Operating Expenses ................................... $75,353,339 Travel ......................................................... $917,803 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $501,177 Real Estate Rentals ............................................ $1,425,278 Per Diem, Fees and Contracts ................................... $4,230,123 Computer Charges ............................................. $1,654,043 Telecommunications ............................................ $1,242,790 Special Purpose Contracts........................................ $580,732 Purchase of Service Contracts .................................. $12,913,517 Grant-In-Aid to Counties..................................... .$129,551,212 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $116,797 Medical Benefits ............................................... $4,462,872 Total Funds Budgeted ........................................ $285,680,330 Indirect DOAS Service Funding................................... $549,718 State Funds Budgeted ....................................... .$154,468,438 Departmental Functional Budgets Total Funds District Health Administration 12,957,348 Newborn Follow-Up Care 1,415,696 Oral Health 1,526,075 Stroke and Heart Attack Prevention 2,302,385 Sickle Cell, Vision and Hearing 4,221,570 High-Risk Pregnant Women and Infants 5,359,085 Sexually Transmitted Diseases 2,246,333 Family Planning 10,898,670 Women, Infants and Children Nutrition 83,023,436 Grant in Aid to Counties 66,525,208 Children's Medical Services 13,332,554 Emergency Health 3,240,976 Primary Health Care 1,782,019 Epidemiology 578,695 Immunization 1,009,244 Community Tuberculosis Control 6,040,468 Family Health Management 925,227 Infant and Child Health 1,189,590 Maternal Health--Perinatal 2,455,855 Chronic Disease 474,068 Diabetes 556,495 Cancer Control 4,851,648 State Funds 12,827,673 1,200,865 1,203,900 1,189,773 3,822,751 5,212,085 310,879 5,744,320 0 65,486,672 6,556,247 1,892,263 1,683,117 425,913 0 4,643,502 751,792 516,528 1,045,487 474,068 556,495 4,851,648 390 JOURNAL OF THE SENATE Director's Office $ 1,253,612 $ 1,001,257 Injury Control $ 426,906 $ 216,973 Health Program Management $ 1,968,815 $ 1,920,136 Vital Records $ 1,956,452 $ 1,718,713 Health Services Research $ 2,707,960 $ 2,485,142 Environmental Health $ 1,204,242 $ 692,369 Laboratory Services $ 6,241,647 $ 5,971,647 Community Care $ 2,422,503 $ 915,861 Community Health Management $ 164,148 $ 164,148 AIDS $ 9,856,546 $ 5,107,508 Vaccines $ 8,898,597 $ 0 Drug and Clinic Supplies $ 3,250,000 $ 2,493,380 Adolescent Health $ 5,384,079 $ 2,135,951 Public Health--Planning Councils $ 174,591 $ 157,094 Early Intervention $ 12,857,587 $ 10,627,999 Public Health--Division Indirect Cost $ 0 $ (1,535,718) Total $ 285,680,330 $ 154,468,438 3. Rehabilitation Services Budget: Personal Services ............................................ .$76,346,922 Regular Operating Expenses ................................... $12,437,994 Travel ........................................................ $1,183,228 Motor Vehicle Purchases .......................................... $83,000 Equipment ..................................................... $743,880 Real Estate Rentals ............................................ $4,816,685 Per Diem, Fees and Contracts ................................... $7,743,204 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 ................................. $13,558,200 Institutional Repairs and Maintenance ............................ $215,000 Utilities ........................................................ $937,269 Postage ........................................................ $811,902 Total Funds Budgeted ........................................ $149,460,000 Indirect DOAS Service Funding................................... $100,000 State Funds Budgeted ......................................... $23,941,510 Departmental Functional Budgets Total Funds Vocational Rehabilitation Services $ 53,085,521 Independent Living $ 919,558 Employment Services $ 516,005 Community Facilities $ 10,335,560 State Rehabilitation Facilities $ 5,450,404 Diversified Industries of Georgia $ 809,166 Program Direction and Support $ 4,377,562 Grants Management $ 714,540 State Funds $ 10,576,505 $ 607,201 $ 516,005 $ 3,780,710 $ 807,636 $ 0 $ 1,348,865 $ 714,540 TUESDAY, FEBRUARY 18, 1997 391 Disability Adjudication 35,629,124 0 Georgia Factory for Blind 12,614,904 900,703 Roosevelt Warm Springs Institute 25,007,656 4,689,345 Total 149,460,000 23,941,510 4. P'amily and Children Services Budget: Personal Services ............................................. $47,464,566 Regular Operating Expenses .................................... $4,742,042 Travel ........................................................ $1,167,632 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $400,080 Real Estate Rentals ............................................ $3,519,841 Per Diem, Fees and Contracts .................................. $19,572,831 Computer Charges ............................................ $36,180,458 Telecommunications ........................................... $10,892,881 Children's Trust Fund .......................................... $2,342,103 Cash Benefits................................................$381,519,171 Special Purpose Contracts....................................... $6,344,858 Service Benefits for Children ................................. .$213,277,671 Purchase of Service Contracts .................................. $16,547,235 Postage .......................................................$4,425,956 Grants to County DFACS--Operations ........................ .$297,156,396 Total Funds Budgeted ...................................... $1,045,553,721 Indirect DOAS Services Funding ................................. $2,565,582 State Funds Budgeted ....................................... .$406,380,078 Departmental Functional Budgets Total Funds Director's Office $ 552,343 Social Services $ 4,361,986 Administrative Support $ 6,264,527 Quality Assurance $ 4,002,531 Community Services $ 11,093,303 Field Management $ 1,108,604 Human Resources Management $ 3,433,097 Public Assistance $ 38,918,690 Employment Services $ 1,502,428 Child Support Recovery $ 66,523,060 AFDC Payments $ 369,680,051 SSI--Supplemental Benefits $ 100 Refugee Programs $ 2,799,420 Energy Benefits $ 9,893,600 County DFACS Operations--Eligibility $ 113,420,564 County DFACS Operations--Social Services $ 91,858,619 Food Stamp Issuance $ 3,190,752 County DFACS Operations--Homemakers Services $ 8,435,211 County DFACS Operations--Joint and Administration $ 64,162,611 State Funds $ 552,343 $ 3,834,883 $ 5,225,131 $ 4,002,531 $ 480,299 $ 1,108,604 $ 2,541,080 $ 21,238,750 $ 1,502,428 $ 6,436,670 $ 129,154,366 $ 100 $ 0 $ 0 $ 57,132,316 $ 35,606,623 $ 0 $ 2,586,800 $ 32,819,247 392 JOURNAL OF THE SENATE County DFACS Operations--Employability Program 19,279,391 $ 8,017,486 Employability Benefits 28,974,424 $ 13,350,649 Legal Services 3,190,503 $ 2,420,990 Family Foster Care 29,784,476 $ 16,550,750 Institutional Foster Care 9,618,969 $ 6,313,935 Specialized Foster Care 5,161,293 $ 4,248,383 Adoption Supplement 12,468,472 $ 9,374,838 Prevention of Foster Care 11,544,785 $ 7,408,642 Day Care 118,685,892 $ 38,886,937 Outreach--Contracts 0$ 0 Special Projects 3,301,916 $ 2,205,709 Children's Trust Fund 2,342,103 $ 2,342,103 Indirect Cost 0 $ (8,962,515) Total 1,045,553,721 $ 406,380,078 Budget Unit Object Classes: Personal Services ............................................ $228,966,229 Regular Operating Expenses .................................. .$94,689,501 Travel ........................................................$4,600,794 Motor Vehicle Purchases ........................................ $1,730,558 Equipment .................................................... $1,734,890 Real Estate Rentals ........................................... $14,580,390 Per Diem, Fees and Contracts .................................. $37,016,504 Computer Charges ............................................ $41,574,921 Telecommunications ........................................... $14,559,009 Case Services ................................................. $25,722,363 Children's Trust Fund .......................................... $2,342,103 Cash Benefits................................................$381,519,171 Special Purpose Contracts....................................... $7,914,835 Service Benefits for Children ................................. .$260,264,060 Purchase of Service Contracts ................................. .$80,770,174 Grant-In-Aid to Counties..................................... .$129,551,212 Institutional Repairs and Maintenance ............................ $322,940 Utilities........................................................ $937,269 Postage .......................................................$6,351,299 Payments to DMA-Community Care ............................. $17,982,073 Grants to County DFACS--Operations ......................... $297,954,286 Medical Benefits ............................................... $4,462,872 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ............................................... $497,426,262 Personal Services ........................................... .$343,487,615 Operating Expenses ........................................... $58,254,638 Motor Vehicle Equipment Purchases .............................. $769,533 Utilities...................................................... $11,531,274 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$273,564,129 Total Funds Budgeted ....................................... .$689,734,979 Indirect DOAS Services Funding ................................. $2,404,100 State Funds Budgeted ....................................... .$497,426,262 TUESDAY, FEBRUARY 18, 1997 393 Departmental Functional Budgets Total Funds Southwestern State Hospital $ 39,911,914 Brook Run $ 30,235,826 Georgia Mental Health Institute $ 23,415,883 Georgia Regional Hospital at Augusta $ 21,746,951 Northwest Regional Hospital at Rome $ 27,794,094 Georgia Regional Hospital at Atlanta $ 29,923,674 Central State Hospital $ 126,109,278 Georgia Regional Hospital at Savannah $ 19,880,233 Gracewood State School and Hospital $ 51,859,806 West Central Regional Hospital $ 19,995,464 Outdoor Therapeutic Programs $ 3,995,292 Metro Drug Abuse Centers $ 1,309,656 Community Mental Health Services $ 130,454,437 Community Mental Retardation Services $ 89,969,143 Community Substance Abuse Services $ 56,825,492 State Administration $ 10,971,780 Regional Administration $ 5,336,056 Total $ 689,734,979 State Funds $ 25,348,848 $ 13,397,712 $ 21,498,081 $ 19,860,059 $ 20,921,995 $ 25,368,683 $ 83,170,307 $ 18,198,912 $ 22,536,270 $ 17,209,225 $ 3,086,357 $ 1,162,131 $ 124,438,597 $ 57,513,998 $ 31,927,812 $ 7,092,450 $ 4,694,825 $ 497,426,262 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism........... $20,866,745 Personal Services .............................................. $9,721,978 Regular Operating Expenses .................................... $1,673,433 Travel ......................................................... $356,318 Motor Vehicle Purchases .......................................... $31,100 Equipment ..................................................... $100,375 Computer Charges .............................................. $142,000 Real Estate Rentals ............................................. $961,025 Telecommunications ............................................. $328,940 Per Diem, Fees and Contracts ................................... $1,140,712 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 ......................................... $21,122,745 State Funds Budgeted ......................................... $20,866,745 Administration Economic Development Trade Tourism Total Departmental Functional Budgets Total Funds $ 9,540,057 $ 4,487,057 $ 1,630,998 $ 5,464,633 $ 21,122,745 State Funds $ 9,540,057 $ 4,387,057 $ 1,630,998 $ 5,308,633 $ 20,866,745 394 JOURNAL OF THE SENATE Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,149,383 Personal Services ............................................. $13,493,200 Regular Operating Expenses ..................................... $768,314 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 ........................................ .$16,456,038 State Funds Budgeted ........................................ .$15,149,383 Departmental Functional Budgets Total Funds Internal Administration $ 4,396,908 Insurance Regulation $ 6,612,720 Industrial Loans Regulation $ 517,571 Fire Safety and Mobile Home Regulations $ 4,928,839 Total $ 16,456,038 State Funds $ 4,396,908 $ 6,612,720 $ 517,571 $ 3,622,184 $ 15,149,383 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 ............................................ .$11,874,661 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $179,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $31,350 TUESDAY, FEBRUARY 18, 1997 395 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 ........................................ .$14,130,547 State Funds Budgeted ......................................... $12,521,718 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services............................... $1,158,103,344 Personal Services .............................................$15,540,478 Regular Operating Expenses .................................... $5,994,250 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $39,500 Computer Charges ............................................ $24,169,000 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $475,000 Per Diem, Fees and Contracts .................................. $61,570,859 Medicaid Benefits, Penalties and Disallowances................ $3,243,802,230 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,353,317,597 State Funds Budgeted ...................................... $1,158,103,344 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,622,440 $ 811,217 Benefits, Penalties and Disallowances $3,243,802,230 $ 1,133,718,248 Systems Management $ 31,798,882 $ 10,220,495 Indemnity Chronic Care $ 1,455,058 $ 639,801 Maternal and Child Health $ 1,304,250 $ 463,423 Reimbursement Services $ 9,173,992 $ 3,815,280 Indemnity Acute Care $ 1,734,493 $ 806,076 Legal and Regulatory $ 5,434,450 $ 2,717,225 Managed Care $ 4,382,441 $ 1,934,951 General Administration $ 52,609,361 $ 2,976,628 Total $ 3,353,317,597 $ 1,158,103,344 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 ............................................. $450,146 396 JOURNAL OF THE SENATE 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................. $104,597,909 Personal Services ............................................ .$74,752,387 Regular Operating Expenses .................................. .$15,218,303 Travel ......................................................... $543,147 Motor Vehicle Purchases ........................................ $2,137,217 Equipment ................................................... .$2,455,943 Real Estate Rentals ............................................ $2,317,656 Per Diem, Fees and Contracts ................................... $3,536,651 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 .............................................. $1,218,810 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 TUESDAY, FEBRUARY 18, 1997 397 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 .................................. $17,900,013 Solid Waste Trust Fund ........................................ $5,396,990 Payments to Georgia Agricultural Exposition Authority............. $2,324,684 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $6,650 Total Funds Budgeted ........................................ $145,870,148 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 ....................................... .$104,597,909 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 5,993,660 $ 5,978,660 Program Support $ 2,784,017 $ 2,784,017 Historic Preservation $ 2,256,346 $ 1,766,346 Parks, Recreation and Historic Sites $ 43,157,084 $ 17,204,167 Coastal Resources $ 2,345,543 $ 2,220,825 Wildlife Resources $ 34,582,446 $ 29,678,025 Environmental Protection $ 53,646,814 $ 43,861,631 Pollution Prevention Program $ 1,104,238 $ 1,104,238 Total $ 145,870,148 $ 104,597,909 B. Budget Unit: Georgia Agricultural Exposition Authority .................... $0 Personal Services ..............................................$2,614,812 Regular Operating Expenses .................................... $1,958,978 Travel .......................................................... $24,959 Motor Vehicle Purchases .......................................... $30,000 Equipment ...................................................... $85,000 Computer Charges ............................................... $15,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $50,000 Per Diem, Fees and Contracts .................................... $695,000 Capital Outlay........................................................ $0 Total Funds Budgeted .......................................... $5,473,749 State Funds Budgeted ................................................. $0 Departmental Functional Budgets Total Funds Georgia Agricultural Exposition Authority $ 5,473,749 State Funds $ 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety ...................... .$101,276,644 1. Operations Budget: Personal Services ............................................. $61,356,590 Regular Operating Expenses .................................... $7,672,370 Travel ......................................................... $101,595 Motor Vehicle Purchases ........................................ $3,907,500 Equipment ..................................................... $542,054 398 JOURNAL OF THE SENATE 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 .................................................... $0 Total Funds Budgeted ......................................... $80,420,582 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $78,770,582 2. Driver Services Budget: Personal Services ............................................. $18,162,449 Regular Operating Expenses .................................... $1,232,457 Travel .......................................................... $57,181 Motor Vehicle Purchases ............................................... $0 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 .............................................. $303,651 State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ......................................... $22,506,062 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ......................................... $22,506,062 Departmental Functional Budgets Total Funds State Funds Administration $ 22,563,587 $ 21,063,587 Driver Services $ 22,506,062 $ 22,506,062 Field Operations $ 57,856,995 $ 57,706,995 Total $ 102,926,644 $ 101,276,644 B. Budget Unit: Units Attached for Administrative Purposes Only......................................................... . .$14,435,708 Attached Units Budget: Personal Services .............................................. $7,952,159 Regular Operating Expenses .................................... $2,550,274 Travel ......................................................... $103,800 Motor Vehicle Purchases .......................................... $29,443 Equipment ..................................................... $204,322 Computer Charges .............................................. $163,762 Real Estate Rentals ............................................. $154,497 Telecommunications ............................................. $175,746 Per Diem, Fees and Contracts .................................... $578,362 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants ................................. .$3,972,660 Capital Outlay........................................................ $0 Total Funds Budgeted ........................................ .$18,310,225 State Funds Budgeted ......................................... $14,435,708 TUESDAY, FEBRUARY 18, 1997 399 Departmental Functional Budgets Total Funds Office of Highway Safety $ 3,054,814 Georgia Peace Officers Standards and Training $ 1,444,682 Police Academy $ 1,166,853 Fire Academy $ 1,188,742 Georgia Firefighters Standards and Training Council $ 470,003 Georgia Public Safety Training Facility $ 10,985,131 Total $ 18,310,225 State Funds $ 330,297 $ 1,444,682 $ 1,076,853 $ 1,078,742 $ 470,003 $ 10,035,131 $ 14,435,708 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 ........................... $8,347,316 Personal Services ..............................................$7,101,209 Regular Operating Expenses ..................................... $607,205 Travel ......................................................... $225,530 Motor Vehicle Purchases .......................................... $18,000 Equipment ...................................................... $40,270 Computer Charges .............................................. $503,424 Real Estate Rentals ............................................. $324,420 Telecommunications ............................................. $153,298 Per Diem, Fees and Contracts ................................... $1,422,663 Total Funds Budgeted ......................................... $10,396,019 State Funds Budgeted .......................................... $8,347,316 Administration Transportation Utilities Total Departmental Functional Budgets Total Funds $ 1,972,568 $ 3,446,979 $ 4,976,472 $ 10,396,019 State Funds $ 1,972,568 $ 1,606,480 $ 4,768,268 $ 8,347,316 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................ $1,162,430,460 Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,240,831,469 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 Program ........................... $359,714 Forestry Research ............................................... $388,344 Research Consortium ........................................... $6,645,000 Capital Outlay......................................................... 0 Total Funds Budgeted ...................................... $1,915,501,241 400 JOURNAL OF THE SENATE 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 ...................................... $1,162,430,460 B. Budget Unit: Regents Central Office and Other Organized Activities...................................................... $175,126,490 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$274,341,727 Sponsored Operations ......................................... $69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$127,444,177 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 ................................... $14,826,489 Total Funds Budgeted ....................................... .$558,974,600 Departmental Income.................................................. $0 Sponsored Income ............................................ $109,767,000 Other Funds.................................................$273,525,410 Indirect DOAS Services Funding .................................. $555,700 State Funds Budgeted ....................................... .$175,126,490 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 $ 24,236,026 $ 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 24,236,026 TUESDAY, FEBRUARY 18, 1997 401 Georgia Radiation Therapy Center 3,044,746 0 Athens and Tifton Veterinary Laboratories 3,128,504 128,504 Regents Central Office 25,068,573 24,966,758 Total 558,974,600 175,126,490 C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $9,384,773 Operating Expenses ........................................... $14,825,274 Total Funds Budgeted ......................................... $24,210,047 Other Funds..................................................$24,210,047 State Funds Budgeted ................................................. $0 D. Budget Unit: Lottery for Education .............................. $78,254,000 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...................................... $48,254,000 Special Funding Initiatives ..................................... $10,100,000 Total Funds Budgeted ........................................ .$78,254,000 Lottery Funds Budgeted ....................................... $78,254,000 Section 28. Department of Revenue. Budget Unit: Department of Revenue ........................... .$106,998,485 Personal Services ............................................. $58,941,444 Regular Operating Expenses .................................... $5,434,457 Travel ........................................................ $1,366,540 Motor Vehicle Purchases ......................................... $251,386 Equipment ..................................................... $421,189 Computer Charges ............................................ $14,270,790 Real Estate Rentals ............................................ $2,855,447 Telecommunications ............................................ $2,867,510 Per Diem, Fees and Contracts ................................... $1,071,300 County Tax Officials/Retirement and PICA ........................ $3,422,795 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals .................................. $2,404,350 Postage .......................................................$3,721,810 Blueprint For Modernization ................................... $15,154,832 Total Funds Budgeted ....................................... .$112,183,850 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ....................................... .$106,998,485 Departmental Functional Budgets Total Funds Departmental Administration 6,986,179 Internal Administration 11,260,392 Electronic Data Processing 27,443,346 Field Services 16,294,072 Income Tax Unit 8,027,629 Motor Vehicle Unit 18,562,372 Central Audit Unit 7,959,879 Property Tax Unit 4,705,324 Sales Tax Unit 3,910,990 State Board of Equalization 43,700 State Funds 6,986,179 11,110,392 26,428,146 16,154,072 7,727,629 17,262,372 7,959,879 3,164,959 3,810,990 43,700 402 JOURNAL OF THE SENATE Taxpayer Accounting Alcohol and Tobacco Total $ 4,481,118 $ 2,508,849 $ 112,183,850 $ 3,841,318 $ 2,508,849 $ 106,998,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State.................................. $28,675,910 Personal Services ............................................. $17,914,428 Regular Operating Expenses .................................... $3,491,536 Travel ......................................................... $244,500 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 ................................... $1,410,856 Election Expenses ............................................... $485,000 Total Funds Budgeted ......................................... $29,775,775 State Funds Budgeted ......................................... $28,675,910 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,867,144 $ 3,837,144 Archives and Records $ 4,853,551 $ 4,778,551 Business Services and Regulation $ 4,518,188 $ 3,748,188 Elections and Campaign Disclosure $ 4,371,524 $ 4,351,524 Drugs and Narcotics $ 1,159,699 $ 1,159,699 State Ethics Commission $ 437,541 $ 382,676 State Examining Boards $ 10,446,875 $ 10,296,875 Holocaust Commission $ 121,253 $ 121,253 Total $ 29,775,775 $ 28,675,910 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 TUESDAY, FEBRUARY 18, 1997 403 Motor Vehicle Purchases .......................................... $25,322 Equipment ...................................................... $10,970 Computer Charges ............................................... $12,045 Real Estate Rentals .............................................. $91,563 Telecommunications .............................................. $20,773 Per Diem, Fees and Contracts .................................... $797,015 County Conservation Grants ..................................... $297,000 Total Funds Budgeted .......................................... $2,657,810 State Funds Budgeted .......................................... $2,122,473 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission ...................... .$32,732,855 Personal Services ............................................... $425,609 Regular Operating Expenses ...................................... $15,000 Travel .......................................................... $16,000 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $2,500 Computer Charges ............................................... $13,822 Real Estate Rentals .............................................. $45,600 Telecommunications .............................................. $12,000 Per Diem, Fees and Contracts ..................................... $25,000 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $3,292,641 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 ......................................... $32,732,855 State Funds Budgeted ......................................... $32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority $ 32,177,324 $ 32,177,324 Georgia Nonpublic Postsecondary Education Commission $ 555,531 $ 555,531 Total $ 32,732,855 $ 32,732,855 B. Budget Unit: Lottery for Education ............................ .$161,118,161 HOPE Financial Aid--Tuition ................................. .$75,213,784 HOPE Financial Aid--Books ................................... $21,277,807 HOPE Financial Aid--Fees .................................... $14,498,583 Tuition Equalization Grants .................................... $37,325,387 Georgia Military College Scholarship .............................. $567,000 LEPD Scholarship............................................... $235,600 Teacher Scholarships ......................................... .$10,000,000 Promise Scholarships ........................................... $2,000,000 Total Funds Budgeted ....................................... .$161,118,161 Lottery Funds Budgeted ...................................... $161,118,161 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ......................... $4,130,000 Personal Services ..............................................$4,895,407 Regular Operating Expenses ..................................... $423,900 Travel .......................................................... $20,500 404 JOURNAL OF THE SENATE Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $16,150 Computer Charges .............................................. $877,791 Real Estate Rentals ............................................. $475,958 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 ......................................... $11,356,706 State Funds Budgeted .......................................... $4,130,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ..... .$203,448,573 Personal Services .............................................. $5,454,771 Regular Operating Expenses ..................................... $615,390 Travel ......................................................... $162,380 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $188,350 Real Estate Rentals ............................................. $626,498 Per Diem, Fees and Contracts .................................... $776,588 Computer Charges .............................................. $909,404 Telecommunications ............................................. $126,005 Salaries and Travel of Public Librarians ......................... $13,646,649 Public Library Materials ........................................ $5,828,704 Talking Book Centers............................................ $974,478 Public Library Maintenance and Operation........................ $4,998,958 Capital Outlay.................................................. $256,000 Personal Services--Institutions ............................... .$139,925,275 Operating Expenses--Institutions ............................... $39,495,121 Area School Program ..........................................$19,950,378 Adult Literacy Grants ......................................... $18,490,140 Regents Program............................................... $3,390,682 Quick Start Program ........................................... $8,610,510 Total Funds Budgeted ........................................ $264,426,281 State Funds Budgeted ....................................... .$203,448,573 Departmental Functional Budgets Total Funds State Funds Administration $ 8,859,386 $ 5,760,736 Institutional Programs $ 255,566,895 $ 197,687,837 Total $ 264,426,281 $ 203,448,573 B. Budget Unit: Lottery for Education .............................. $88,765,507 Computer Laboratories and Satellite Dishes--Adult Literacy ..................................................... $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ........... .$43,111,349 Equipment--Technical Institutes .............................. .$38,859,158 Repairs and Renovations--Technical Institutes .................... $5,295,000 Assistive Technology Grants ...................................... $500,000 Total Funds Budgeted ......................................... $88,765,507 Lottery Funds Budgeted ....................................... $88,765,507 Section 34. Department of Transportation. Budget Unit: Department of Transportation ...................... $542,528,959 Personal Services ........................................... .$253,505,942 Regular Operating Expenses ................................... $57,020,469 Travel ........................................................ $1,970,840 TUESDAY, FEBRUARY 18, 1997 405 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $6,577,626 Computer Charges ............................................. $3,929,287 Real Estate Rentals ............................................ $1,337,073 Telecommunications ............................................ $2,743,320 Per Diem, Fees and Contracts .................................. $41,595,601 Capital Outlay.............................................. .$780,007,661 Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100 Capital Outlay--Airport Development ............................ $1,317,500 Mass Transit Grants ........................................... $9,933,053 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $700,000 Contracts with the Georgia Rail Passenger Authority................ $350,000 Total Funds Budgeted ...................................... $1,164,012,472 State Funds Budgeted ....................................... .$542,528,959 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds Planning and Construction $ 864,535,711 Maintenance and Betterments $ 241,935,601 Facilities and Equipment $ 14,076,201 Administration $ 24,775,579 Total $ 1,145,323,092 General Funds Budget Planning and Construction $ 1,281,803 Air Transportation $ 2,288,440 Inter-Modal Transfer Facilities $ 14,419,137 Harbor/Intra-Coastal Waterways Activities $ 700,000 Total $ 18,689,380 State Funds $ 265,475,477 $ 230,011,616 $ 13,516,201 $ 24,150,579 $ 533,153,873 $ 1,281,803 $ 1,865,103 $ 5,528,180 $ 700,000 $ 9,375,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service..................... .$20,328,189 Personal Services .............................................. $5,105,669 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 .................................. $13,896,381 Operating Expense/Payments to Medical College of Georgia ........ $7,595,980 Regular Operating Expenses for Projects and Insurance ............. $773,180 Total Funds Budgeted ......................................... $28,035,757 State Funds Budgeted ......................................... $20,328,189 Departmental Functional Budgets Total Funds Veterans Assistance $ 20,036,930 Veterans Nursing Home--Augusta $ 7,998,827 Total $ 28,035,757 State Funds $ 14,665,556 $ 5,662,633 $ 20,328,189 406 JOURNAL OF THE SENATE 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)................................. .$539,748,451 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $574,748,451 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) .................................... $45,985,160 Motor Fuel Tax Funds (New) .......................................... .$0 $45,985,160 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 Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 39. Provisions Relative to Section 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. TUESDAY, FEBRUARY 18, 1997 407 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 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 Worth County 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 Roof Repairs at the Bibb County Community Action Agency Equip/Operate Haralson County Recreational Facilities Renovate and Equip the Jerico Road Project in Atlanta Land Purchase at Historical Ezekiel Harris House Renovate and Equip the Historic Courthouse Extension of Water Lines Operation of the Augusta Task Force for the Homeless Construction of Lecture Hall Purchase Fire and Rescue Equipment Repairs and Additions to Brooks County Livestock Arena Renovation to the Fire Department and Community Center Equipment and Lighting at Recreational Fields Upgrade Water Mains Renovation and Restoration of Historic Railroad Depot Renovations and Repairs to Facilities Construction of a Softball Complex Amount $25,000 $10,000 $25,000 $25,000 $20,000 $40,000 $5,000 $15,000 $30,000 $50,000 $25,000 $12,500 $15,000 $50,000 $15,000 $50,000 $10,000 $25,000 $20,000 $25,000 $35,000 $25,000 408 JOURNAL OF THE SENATE Candler County City of Centerville Charlton County Chatham County Clinch County Board of Education Clayton County City of Cochran Gwinnett County Board of Education City of Columbus City of Columbus City of Commerce Crawford County Board of Education City of Columbus City of Columbus Crawford County Crisp County Board of Education Crisp County Board of Education DeKalb County City of Fort Oglethorpe City of Franklin Springs Franklin County Fulton County Board of Education Fulton County City of Garden City City of Girard Expansion of Visitors Center Construction of Fire Station Purchase Fire and Rescue Equipment and Paint Rescue Truck Replant Trees Between Bryanwood and Talahi Island on Route 80 Improvements and Equipment for Multi-purpose Building Clayton County Board of Education Prevention Plus Program Improvements to the Fire Station Lights and Handicapped Access for the Collins Hill High School Athletic Fields Purchase Equipment and Operate the Liberty Theatre Cultural Center Renovations to the Springer Opera House Renovations to the Civic Center Heating and Plumbing System Repairs for Education Gymnasium Operation of the Columbus Tourism Network Operation of the Play and Learn Together Program Improvements at the Crawford County Industrial Authority Park Equipment for Crisp County Board of Education Middle School Laboratory Lighting for Crisp County High School Softball Field Training at DeKalb United Child Care Association Construction of a Historical Museum Renovations to Wastewater Treatment Facility Design Franklin County/Hart County Airport Classrooms for Fulton County Board of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium $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 TUESDAY, FEBRUARY 18, 1997 409 City of Sardis 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 Improvements to City of Sardis 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 Renovation to Jeff Davis County Extension Service and Annex and Law Enforcement Center Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium 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 $7,500 $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 $10,500 410 JOURNAL OF THE SENATE Madison County 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 Provide for Infrastructure Study of Water and Sewer Systems Renovate Old Greenville Railroad Depot Creation of Recreation Department Renovations to Monroe Area Comprehensive High School Athletic Track Equipment and Operating Expenses for Columbus Community Center Operation of Combined Communities of Southeast Columbus Operation of MEN of Action Mentoring Program Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home Renovations to Oconee Regional Library Facility Purchase Fire Equipment To Repair Facilities Extension of Water Line to New Oglethorpe County Elementary School Planning and Restoration of Old Governor's Mansion For Operations of the Peach County Chamber of Commerce 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 $30,000 $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 TUESDAY, FEBRUARY 18, 1997 411 Gwinnett County Board of Education Construct Athletic Stadium at Shiloh High School in Gwinnett County Cobb County Board of Education Repairs, Construction and Equipment for South Cobb High School Gwinnett County Board of Education Recreation Equipment for Suwanee Elementary and Lanier Middle Schools City of Swainsboro 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 Valdosta City Schools Repairs to Valdosta City School System Facilities City ofVidalia Improvements to Flossie Hayes Park and Trippe Gymnasium 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 at Airport Clayton County Shrubbery, Trees and Concrete Pipes and Containers City of Bowersville Equipment for Repairs to Water System $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 $10,000 412 JOURNAL OF THE SENATE Gwinnett County Board of Education City of East Dublin City of Eastman Echols County Board of Education Emanuel County Fannin County City of Pelham City of Atlanta City of Tallapoosa City of Bremen City of Cave Spring Fulton County Bade 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 Improvements to Duluth High School Baseball Field Improve City of East Dublin Water System Construct and Equip Multi-purpose recreation Complex 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 Proparation 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 Landscaping along Fulton Industrial Boulevard at Interstate 20 Light 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 YWCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operation of Recreational Facilities Construction of Youth Athletic Complex $30,000 $50,000 $25,000 $6,000 $17,500 $30,000 $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 TUESDAY, FEBRUARY 18, 1997 413 Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County City of Cave Springs Lumpkin County Lumpkin County Board of Education Bleckley County City of Pelham City of Ellijay Fannin County Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Purchase Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks Operation of Crossroads Program for Georgia School for the Deaf Construction Veterans Park and Monument Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment $35,000 $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 $15,000 414 JOURNAL OF THE SENATE City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County 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 To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of 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 Lowdnes County High School To Construct Valdosta Historic Monument Equipment/Operations for City of Sardis Repairs to City Hall and City Van To Provide for Project SHARE For Operation of Georgia Mountain Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Restorations Operation of Juvenile Court Truancy Program Law Enforcement Radio Equipment Operation of Community-Based Organizations $75,000 $75,000 $50,000 $15,000 $50,000 $15,000 $15,000 $15,000 $25,000 $25,000 $25,000 $30,000 $25,000 $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 TUESDAY, FEBRUARY 18, 1997 415 Chatham County Chatham County Bibb County Houston County Development Authority Newton County City ofVidalia City of Lyons Wheeler County Fulton County Board of Education City of Adel City of Nashville Cook County Putnam County Greene County City of Eatonton City of Cochran City ofDuluth City of Duluth City of Eastman Augusta-Richmond County City of Kingston Ware County Board of Education Ware County Board of Education City of Waycross City of Port Wentworth Fulton County Development of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic Development and Site Preparation Renovations to Recreation Facilities Renovations to Recreation Facilities Renovations to Recreation Facilities Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary Roof Repairs to City Hall Replacement Lights for Berrien County Courthouse Grounds Construction of EMS Building Purchase Bleachers for Putnam County Recreation Authority Fencing for Greene County Regional Airport Renovations and Repairs to Recreation Complex Heating and Air Conditioning System for City Auditorium Construction of Ball Fields Construction of Pavilion Improvements/Equipment for Eastman-Dodge Recreation Facilities Operation of the Augusta Area Genealogical Society Equip and Renovate Recreation Facility Equipment for Baseball Field and Tennis Courts Improvements to Athletic Grounds at Manor Magnet School Area Tourism Promotion in Waycross and Ware and Pierce Counties Relocation of Ball Park Renovations to Williams-Payne House $20,000 $10,000 $2,000,000 $3,000,000 $7,100,000 $20,000 $20,000 $20,000 $15,000 $15,000 $20,000 $35,000 $15,000 $15,000 $15,000 $35,000 $20,000 $20,000 $25,000 $35,000 $25,000 $30,000 $10,000 $7,000 $25,000 $15,000 416 JOURNAL OF THE SENATE City of Hawkinsville Dooly County City of Valdosta Stewart County Quitman County City of Cuthbert City of Dawson Terrell County Columbia County Board of Education Columbia County Board of Commissioners City of Sycamore City of Warwick City of Leesburg Wilcox County Warren County Macon County Stephens County Stephens County Board of Education Jasper County Board of Education Jones County City of Grayson Screven County City of Sandersville Lincoln County Wilkes County Elbert County Board of Education Wayne County Long County Repairs to Library Purchase Land for Government Complex Expansions to Food Bank Purchase Transport Bus for StewartWebster Rural Health Service Repairs to Old Courthouse Renovations to Library Expansion and Improvements to Airport Facilities Planning and Design for Renovation of Courthouse Renovations to Football Stadium at Lakeside High School Construction of Fields for the Martinez-Evans County Little League Improvements to Water System Purchase Vehicle for Police Department Repair and Replace Sidewalks Relocation of School Bus Shop Equipment for DFACS Facility Construction of a Parking and Reading Park at the Macon County Library Study Commission for a Consolidation Feasibility Study Provide Health Services for the Stephens County School System Renovations to Washington Park Elementary School Repairs to Fire Station and Fire Truck Operation of Outdoor Facilities at the Senior Citizens Center Equipment for Community Services and Senior Citizens Center Repairs to the National Guard Armory Equipment for the Historical Society Renovations to Wilkes County Airport Renovations and Equipment for Falling Creek Elementary Courthouse Repairs Courthouse Repairs $15,000 $50,000 $40,000 $25,000 $20,000 $10,000 $25,000 $50,000 $20,000 $20,000 $20,000 $15,000 $12,000 $50,000 $25,000 $50,000 $15,000 $25,000 $40,000 $25,000 $62,000 $41,000 $50,000 $15,000 $25,000 $5,000 $30,000 $20,000 TUESDAY, FEBRUARY 18, 1997 417 Chatham County Baldwin County Baldwin County Baldwin County Truetlen County Board of Education City of Kite Emanuel County Chatham County City of Savannah City of Summerville Seminole County Board of Education Miller County Bibb County Bibb County City of Byron Crawford County Board of Education Dougherty County Gainesville Board of Education City of Doerun City of Sale City City of Funston Lanier County Board of Education Lowndes County City of Americus City of Chickamauga Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Council on Substance Abuse Operation of 2000 + Museum Downtown Developments Improvements to High School Athletic Complex Improvements to Recreation Complex Construction of Alternative Farmers Market Center Renovations to Coastal Heritage Society/Historic Railroad Shops Construction of Alternate Emergency Access Route Repairs to Sewage System Construction of Pavilion and Bleachers at Seminole County High School Purchase Fire Truck Operation of Harriett Tubman Museum Operation/Renovation of the Macon Little League Construction of Well and Water Tank for Byron Development Authority Improvements to Football Fields and Gymnasium Roof Repairs to Patrol Post Renovations to Gainesville High School Baseball Field Improvements to Walking Track, Tennis Courts and Field Complex Renovations to Community Center Purchase Fire Truck Construct and Equip Football Facility Purchase Land for Moody Air Force Base Construction of Firefighters Training Site Renovations to the Recreation Department Walking Track and Softball Facilities $40,000 $20,000 $10,000 $10,000 $20,000 $5,000 $25,000 $25,000 $25,000 $50,000 $10,000 $15,000 $50,000 $15,000 $50,000 $25,000 $46,000 $15,000 $12,500 $12,500 $20,000 $50,000 $75,000 $20,000 $10,000 418 JOURNAL OF THE SENATE Walker County Catoosa County City of Fort Oglethorpe Morgan County City of Atlanta Thomas County City of Woodbury Richmond County Board of Education Bibb County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Talbot County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Fulton County City of Cave Spring Bibb County City of Midway Clayton County City of Forest Park Renovation of Walker, Catoosa, Chatooga and Dade Family Violence Center Battered Women's Shelter Construct and Renovate Athletic Fields for Rock Spring Athletic Association Renovations to Downtown Projects Operation of the Northeast Georgia Wellness Program Operation of Juvenile Delinquency Prevention Operation of Murphy-Harps-Vashti Children's Home Purchase Land for Industrial Park Improvements to Equipment Room and Field House at Westside High School Preservation of the Hay House Operation of the Springer Opera House Operation of Two Thousand Opportunities Inc. Operation and Renovation of Liberty Theater Operation of the After School Program Operate and Equip the Columbus Community Center Operation of Project STARS Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus Operation of the Play and Learn Together Program Construct a Youth and Recreational Facility Operations of Opportunities Industrialization Centers Renovations to Facilities For Detoxification Center Operations Restoration of Buildings and Grounds at Dorchester Center Operations of Calvary Refuge Transitional Shelter Improvements to Parks and Recreational Facilities $10,000 $10,000 $15,000 $20,000 $50,000 $40,000 $50,000 $10,000 $50,000 $50,000 $50,000 $50,000 $25,000 $25,000 $25,000 $25,000 $15,000 $15,000 $75,000 $50,000 $50,000 $25,000 $25,000 $25,000 TUESDAY, FEBRUARY 18, 1997 419 City of Morrow City of Perry City of Warner Robins Fulton County Fulton County Gwinnett County Board of Education Clayton County Telfair County Board of Education City of Bowersville City of Hartwell City of Canon City of Thunderbolt Chatham County Chatham County Rabun County Board of Education Towns County Burke County City of Girard City ofMidville City of Keysville Jeff Davis County City of Scotland Jeff Davis Board of Education Wayne County City of Hazelhurst Appling County Operation of DARE and Neighborhood Watch Hangar Improvements for PerryHouston County Airport Construction of Warner Robins American Little League Playing Fields Operation/Equipment for the Cascade Youth Association Repairs and Renovations for the Southwest District YMCA Renovations to North Gwinnett Football and Softball Field Biking and Hiking Trail Improvements at Jester's Creek Trail Purchase Band Uniforms Purchase Equipment for City Water Project Renovation of Law Enforcement Services Building Renovation and Equipment for the Community Center Building and City Park Improvements to W.E. Honey Memorial Park Operation of the Martin DePorres Society Design of Runaway Point Neighborhood Park Purchase Land for Rabun County School System Purchase Fire Truck and Equipment Implementation of Phase II of the CSRA Enterprise Communities and for Operation of an At-risk Middle School Renovations to Gym Area Implementation of Phase II of the CSRA Enterprise Community Plan Implementation of Phase II of the CSRA Enterprise Community Plan Fire Protection Assistance City Improvements Purchase Band Uniforms Expansion of Fire Station Historic Preservation Assistance Historic Preservation Assistance $25,000 $60,000 $15,000 $25,000 $75,000 $50,000 $50,000 $25,000 $10,000 $30,000 $10,000 $25,000 $10,000 $15,000 $45,000 $30,000 $10,000 $15,000 $10,000 $15,000 $25,000 $10,000 $5,000 $5,000 $25,000 $5,000 420 JOURNAL OF THE SENATE Oconee Regional Library Renovations to Library City of East Dublin Expansion to Water and Sewage System Bibb County Improvements to the Museum of Arts and Sciences Bibb County Board of Education Implementation of the "Core Knowledge" Program in the Bibb County School System Lamar County Construction of Livestock Facility Building Bacon County Operation of the Alma/Bacon County Department of Inter-Governmental Relations City of Alma Equipment and City Hall Renovations Brantley County Equipment for the Brantley County Volunteer Fire Department Pierce County Equipment for the Pierce County Volunteer Fire Department Charlton County Equipment for the Charlton County Volunteer Fire Department Bacon County Equipment for the Bacon County Volunteer Fire Department City of Carrollton Expansion of the East Carroll Park Recreation Area City of Brunswick Equipment for Dixville Playground Mclntosh County Swimming Pool and Bathhouse for the Mclntosh County Recreation Department City of Atlanta Operation of Recreation Program Columbus/Muscogee County Operation of the Easter Seal Program Haralson County Operating Expenses for Recreation Department Polk County Operating Expenses for Recreation Department Paulding County Operating Expenses for Recreation Department Berrien County Addition to Agriculture Building for Livestock Show Gwinnett County Board of Education Improvements to Brookwood High School Athletic Facilities Charlton County Board of Education Lighting for Baseball Field Echols County Board of Education Repairs for Echols County High School Gymnasium Charlton County Board of Commissioners Paving for Health Clinic $35,000 $25,000 $30,000 $20,000 $75,000 $45,000 $10,000 $10,000 $4,000 $2,000 $4,000 $50,000 $20,000 $30,000 $50,000 $25,000 $45,000 $15,000 $15,000 $5,000 $40,000 $16,951 $22,325 $4,460 TUESDAY, FEBRUARY 18, 1997 421 Lanier County Board of Education City of Lakeland Hall County Brantley County Board of Commissioners City of Jesup City of Offerman Bibb County City of Macon Columbia County Board of Education Oglethorpe County Board of Education City of Lilburn Hall County City of Wrens Jefferson County Dade County Jefferson County City of Louisville City of Wrens Cobb County Rockdale County Henry County City of Euharlee City of Cartersville City of Cedartown City of Rockmart Liberty County Paulding County Purchase Metal Detector for Lanier County High School Purchase Toximeter for Police Department Watershed Assessment for Embayments of Lake Lanier Recreational Equipment for Community Center Repairs to Railroad Crossing Equipment for City Hall Equipment and Supplies for Animal Control Operations of Douglass Theater Fencing for Greenbriar High School Curbing and Gutters for Oglethorpe County Elementary School Restroom Facilities for City Park Planning for Regional Welcome Center Replace Roof at City Hall Roof Repairs at Historical Society and Museum Surveillance Equipment for Sheriffs Department Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Police Department Purchase Vehicle for the Police Department Renovate and Upgrade North Cobb Service Center Purchase Water Rescue/Diving Equipment for the Fire Department Purchase Cascade System for Fire Department Renovate and Equip Recreational Facilities Operation of Arts and Recreation Equipment for Senior Citizens Center Purchase Equipment for Community Center Operation of Dorchester Academy Equipment for Senior Citizens Center $2,400 $5,500 $25,000 $15,000 $20,000 $10,000 $10,000 $15,000 $15,000 $10,000 $15,000 $20,000 $20,000 $15,000 $25,000 $15,000 $15,000 $15,000 $25,000 $30,000 $20,000 $20,000 $20,000 $10,000 $15,000 $25,000 $10,000 422 JOURNAL OF THE SENATE City of Pembroke Long County Taliaferro County City of Milledgeville City of Columbus City of Columbus City of Stone Mountain Bryan County Liberty County DeKalb County DeKalb County Jenkins County City of Collins City of Thunderbolt City of Glennville City of Brooklet City of Ideal City of Americus Peach County Liberty County Harris County Board of Education City of Williamson Pike County City of Greenville City of Warm Springs Elbert County City of Jefferson Floyd County Board of Education City of Rome School System Rabun County Construction of Recreational Facilities Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Sheriffs Department Operation of the Rape Crisis Center Operation of the Rediscovery Program Operation of Southwest Columbus Against Drugs Drainage Improvements Operation of Richmond Hill Recreation Park Operation of Midway Museum Art Station Operations ' Operate/Equip of Scottdale Community Youth Athletic Association Repairs for the Little League and High School Sports Fields Water Treatment Repairs Park Renovations Improvements to Recreational Areas Renovate and Equip Community Building Operations of the Fire Department Downtown Historic Preservation Operation of Massee Lane Gardens Environmental Camp Construction of Firearms Complex for the Sheriffs Department Construction of a Greenhouse Improvements to Facilities Improvements to Pike County Recreational Facilities Improvements to Cemetary Operation of Local Welcome Center Purchase Bookmobile for Elbert County Library Operation of Crawford Long Museum Purchase of Educational Technology Purchase of Educational Technology Operation of Fight Abuse in the Home $20,000 $12,000 $12,000 $18,000 $25,000 $15,000 $30,000 $30,000 $10,000 $25,000 $20,000 $15,000 $20,000 $52,000 $15,000 $15,000 $30,000 $37,500 $15,000 $10,000 $50,000 $5,000 $20,000 $15,000 $10,000 $30,000 $25,000 $40,000 $40,000 $15,000 TUESDAY, FEBRUARY 18, 1997 423 City of Decatur DeKalb County City of Chamblee City of Doraville City of Whigham Colquitt County City of Blakley Fannin County Fannin County Gilmer County Clayton County Clayton County Board of Education Clayton County Clayton County DeKalb County DeKalb County DeKalb County City of Fitzgerald Coffee County City of Jacksonville City of Lumber City City of Milan Cobb County City of Albany Murray County Board of Education Whitfield County Renovations at Glenlake Park Computer Equipment for Our House Storm Drainage Repair Purchase Surveillance Equipment Improvements to Recreational Facilities For Air Conditioner at Cotton Hall Colquitt/Miller Arts Council Purchase Building and Equipment for Recreation Complex Operation of Fannin County Georgia Mountain Health Services, Inc. Phase II of Fannin County Recreation Department Replace Roof at Gilmer County Civic Center Purchase Computer and Printer for the Rape Crisis Center Purchase Band Uniforms for North Clayton High School Additional Classroom for the Nature Center Building at Reynolds Nature Preserve Operation of the Clayton Youth Empowerment Project Operation of DeKalb County Community Outreach Operation of South DeKalb Business Incubator Operation of the Snapfinger YMCA After School Program Enhancements to Recreational Complex Construction of Fire Station for Green Acres Construct Fire Station Enhance Recreational Complex Purchase Equipment for Fire Department Feasibility Study for Rail Crossing in South Cobb County Health Educational Prevention Project Completion of Projects for the Murray County High School Agricenter Operation of the Northwest Georgia Child Abuse Program $50,000 $7,000 $7,000 $7,000 $20,000 $15,000 $20,000 $15,000 $25,000 $35,000 $5,000 $20,000 $30,000 $20,000 $15,000 $20,000 $25,000 $15,000 $10,000 $5,000 $5,000 $5,000 $30,000 $58,000 $10,000 $40,000 424 JOURNAL OF THE SENATE DeKalb County DeKalb County DeKalb County Cobb County City of Powder Springs Lowndes County Lowndes County Lowndes County City of Ochlocknee DeKalb County Board of Education City of Keysville City of Blackshear City of Augusta City of Bostwick Bleckley County Board of Education City of Warner Robins Houston County City of Warner Robins Montgomery County Chatham County Chatham County Randolph County Irwin County Operation of Sisters by Choice Purchase Uniforms and Equipment for Gresham Park Athletic Association Equipment for the Mark Trail Athletics Association Operation of the South Cobb County Senior Citizens Center Operation of the Powder Springs Senior Citizens Center Operation of the Lowndes County Hospital Wellness Center Purchase Books for the South Georgia Regional Library Operation of the Lowndes County Brother's Two Residential Center, Inc. Water System Improvements Improvements to Dunwoody High School Baseball Facilities For a Human Resources Facility Roof Repairs to Old Depot For Community-Based Programs Renovations at Susie Agnes Hotel Purchase Furniture for the Bleckley County Elementary School Construction of Warner Robins American Little League Fields Improvements to Athletic Fields Purchase Van for the Senior Citizens Center Sewer Line Improvements Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University Operation of Ralph Mark Gilbert Civil Rights Museum Repairs to Randolph County Courthouse Operation of the Center for Integrated Rural Development Repairs to Irwin County Courthouse Annex $10,000 $10,000 $7,000 $35,000 $35,000 $60,000 $5,000 $5,000 $5,000 $50,000 $50,000 $25,000 $80,000 $10,000 $50,000 $10,000 $50,000 $25,000 $10,000 $10,000 $25,000 $5,000 $62,500 $25,000 TUESDAY, FEBRUARY 18, 1997 425 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 benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $235 356 424 500 573 621 672 713 751 804 860 Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568 Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. 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 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. 426 JOURNAL OF THE SENATE Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care program for personal assistance and support. Provided, the Department shall exclude pharmacy services in the HMO pilot, and al low acute care hospitals statewide to contract with Medicaid for services on a non-risk capi tated rate. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $182.10 per merit system budg eted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 1997 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 1997 shall not exceed 8.66%. It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrange ment; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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. 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 ap proval by the Office of Planning and Budget. TUESDAY, FEBRUARY 18, 1997 427 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 pay able 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 upgrade the quality of air transportation equipment. g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 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 and Budget is hereby authorized to trans fer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 51. In additional 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. 428 JOURNAL OF THE SENATE 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 Charter 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 LX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. TUESDAY, FEBRUARY 18, 1997 429 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 Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1996 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriations Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget. (b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (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 ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 60. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. 430 JOURNAL OF THE SENATE A.) Maturities not to exceed two hundred forty months. Regular entitlements for 12 school systems Regular advanced funding for thirteen school systems Incentive advanced funding for four school systems Balance of the F.Y. 1997 incentive advanced funding for four systems Student services building and health education classrooms at Macon College Phase II of manufacturing related disciplines complex at Georgia Tech Student service/physical education building at Waycross College Music education building at Clayton College and State University Renovations and addition to Walker Hall Classroom Building and Dublin Center at Middle Georgia College Physical education facility at Columbus State University Student center at Atlanta Metropolitan College Flood recovery at Albany State University Phase II of a central utility plant at Augusta State University Renovation of Building C at DeKalb College Renovation of Herty Hall at Georgia College and State University Renovation of Payne Hall at Savannah State University Rock Eagle sewage and water system improvements Addition to a maintenance building at Clayton College and State University Renovation of the science/math building at Dalton College Renovation of the old science building for the School of Nursing at Kennesaw State University Renovation of the Dugas Building for a pediatrics lab at Medical College of Georgia Oceanographic vessel for Skidaway Institute of Oceanography Retrofit a library ventilation system at the University of Georgia Special education, speech/language pathology building at Valdosta State University Old Capitol Building renovations at Georgia Military College North Campus parking deck at the University of Georgia Repairs and renovations program at various Department of Technical and Adult Education facilities Principal Amount Debt Service $27,420,000 33,115,000 16,300,000 21,000,000 $2,440,380 2,947,235 1,450,700 1,869,000 8,755,000 779,195 27,260,000 2,426,140 6,060,000 539,340 4,305,000 383,145 7,885,000 701,765 13,305,000 5,815,000 2,000,000 4,975,000 1,184,145 517,535 178,000 442,775 1,100,000 4,800,000 97,900 427,200 1,750,000 1,200,000 655,000 155,750 106,800 58,295 4,965,000 3,380,000 441,885 300,820 4,585,000 408,065 1,700,00 151,300 4,200,000 373,800 3,300,000 293,700 4,500,000 400,500 10,000,000 9,000,000 890,000 801,000 TUESDAY, FEBRUARY 18, 1997 431 Low interest loans to local governments for water, sewer and wastewater treatment projects Sewerage system at Georgia Veterans State Park Extension of Berth 13 and related infrastructure at Ocean Terminal Steel framed transit shed adjacent to Berth 13 Two container cranes for Container Birth 7 at Garden City Terminal Renovation of the pilot plant and research facilities at the Food Science and Technology Building at the University of Georgia New Industry Interface Building at the University of Georgia Structural upgrades to Category 1 dams Governor's Road Improvement Program Dike construction/improvements for the Savannah Harbor New 150-bed YDC in Sumter County Major construction and renovation projects at Department of Human Resources' facilities Morgue/autopsy facility adjacent to the Macon Branch Crime Lab Replacement laboratory building for the Columbus Branch Crime Lab Minor construction projects at various prisons Department of Corrections' food distribution unit and farm projects Design and construction of a training facility for the Department of Children and Youth Services at the Public Safety Training Center Replacement building for the Athens Veterinary Diagnostic Laboratory Improvements to the Atlanta Farmer's Market Renovation of all floors and major mechanical systems at 244 Washington Street Americans with Disabilities Act modifications Continue renovations at the State Capitol Land acquisition, renovations and landscaping at the Georgia Agricultural Exposition Authority Learning resources Center classrooms at East Georgia College Continuing Education and Cooperative Extension Facility at Georgia Southern University Construction of the Atlanta Multibodal Transfer Facility Addition to the Atlanta Farmers' Market Land acquisition at Georgia Southwestern State University B.) Maturities not to exceed sixty months. 20,000,000 250,000 8,700,000 5,790,000 13,300,000 1,900,000 300,000 1,495,000 125,000,000 3,200,000 14,200,000 2,005,000 645,000 3,285,000 2,500,000 480,000 1,540,000 6,000,000 2,000,000 4,550,000 3,000,000 7,500,000 1,700,000 4,900,000 3,100,000 10,000,000 500,000 400,000 1,780,000 22,250 774,300 515,310 1,183,700 169,100 26,700 133,055 11,125,000 284,800 1,263,800 178,445 57,405 292,365 222,500 42,720 137,060 534,000 178,000 404,950 267,000 667,500 151,300 436,100 275,900 890,000 44,500 35,600 432 JOURNAL OF THE SENATE Equipment for the Department of Technical and Adult Education facilities Improvements at state visitor information centers Equipment for the conference center at Georgia Veterans State Park State match for the Sapelo Island lighthouse renovation and for Brasstown Trek construction Repair and renovation projects at the Department of Children and Youth Services Various Department of Children and Youth projects including: $1,520,000 for safety and regulatory requirements; $4,590,000 for HVAC systems; $345,000 for floor coverings; and $265,000 for miscellaneous projects Security projects at various prisons Repairs at the Fire Academy Burn Building Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $1,905,000 500,000 285,000 150,000 1,605,000 6,720,000 $440,055 115,500 65,835 34,650 370,755 1,552,320 1,935,000 430,00 446,985 99,330 $11,793,346,344 Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th TUESDAY, FEBRUARY 18, 1997 433 Thompson Turner Tysinger Walker Those voting in the negative were Senators: Clay Glanton Gochenour Guhl Price of 28th Price of 56th Not voting was Senator Johnson of the 2nd. On the passage of the bill, the yeas were 49, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th moved that HB 34 be immediately transmitted to the House. On the motion, the yeas were 45, nays 1; the motion prevailed, and HB 34 was immedi ately transmitted to the House. At 12:30 P.M., the President announced that the Senate would stand in recess until 2:00 P.M. Senator Perdue of the 18th, President Pro Tempore, called the Senate to order at 2:00 P.M. The following general bills were read the third time and put upon their passage: SB 155. By Senators Taylor of the 12th, Madden of the 47th, Hill of the 4th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organi zations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. The Senate Insurance and Labor Committee offered the following substitute to SB 155: A BILL To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of insurance rates, underwriting rules, and related organiza tions, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs; 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 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking Code Section 33-9-40.2, relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs, and inserting in its place the following: "33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer a 5 percent reduction in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the re quirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b)(l) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers' Compensation and shall continue for 434 JOURNAL OF THE SENATE a period not to exceed fuui eight years; provided, however, an insurer shall not be re quired to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the ftror eight years in which such premium discount is granted. Thereafter, any premium discount pursuant to this article shall be determined from the insured's experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. (2) With respect to an insured which is not rated upon experience, any premium dis count given an insured pursuant to this article after the initial fum yeai eight year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization desig nated by the Commissioner pursuant to this chapter. (c) The workers' compensation insurance policy of an insured shall be subject to an addi tional premium for the purposes of reimbursement of a previously granted premium dis count and to cancellation in accordance with the provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepre sented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34. (d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures re ported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any premium adjustment. The drug-free workplace credits must be reported under a unique classifica tion code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to this chapter. (e) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr TUESDAY, FEBRUARY 18, 1997 435 Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Blitch Fort Henson James Johnson of 2nd Perdue (presiding) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 173. By Senator Starr of the 44th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, so as to change the designation of certain bomb technicians; to provide for mutual aid agreements; to exempt certain training and technical materials relating to bombs and explo sives from public disclosure except in limited circumstances. Senator Starr of the 44th offered the following amendment: Amend SB 173 by striking line 32 of page 4 and inserting in lieu thereof the following: "Act shall become law upon its approval by the Governor or upon its becoming law without such approval." 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: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Henson James Perdue (presiding) Walker On the passage of the bill, the yeas were 50, nays 0. 436 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed as amended. SB 184. By Senators Ray of the 48th, Tanksley, of the 32nd and Oliver of the 42nd: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency. The Senate Special Judiciary Committee offered the following substitute to SB 184: A BILL To be entitled an Act to amend Chapter 36 of Title 31 of the Official Code of Georgia Anno tated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency; 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 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable powers of attorney for health care, is amended by striking in its entirety subsection (c) of Code Section 31-36-6, relating to revocation or amendment of the agency, and inserting in its place the following: "(c) A health care agency which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of a uuui I uf competent the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the principal under an a health care agency that survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any peisuiial m health care matters covered by the agency." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis TUESDAY, FEBRUARY 18, 1997 437 Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort James Oliver Perdue (presiding) Ragan On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 188. By Representatives Royal of the 164th, Murphy of the 18th, Connell of the 115th and others: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort James Perdue (presiding) 438 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 138. By Senators Walker of the 22nd, Henson of the 55th, Boshears of the 6th 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 other health care facilities, so as to prohibit denial of staff privileges on the basis of certain licenses, certifica tions, specialties, and membership. The Senate Health and Human Services Committee offered the following substitute to SB 138: 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 other health care facilities, so as to prohibit denial of staff privileges on the basis of certain licenses, certifications, special ties, and membership; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, is amended by adding immediately following Code Section 31-7-7 a new Code section to read as follows: "31-7-7.1. Notwithstanding the provisions of Code Section 31-7-7 and Code Section 31-7-15, if a hospital offers or provides a service which is within the scope of practice of a person licensed as a doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry, that hospital may not deny to any such licensee staff privileges at such hospi tal based solely upon that person's license, board certification, or specialty membership in a professional association." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Harbison Henson Hill Huggins Johnson of 2nd TUESDAY, FEBRUARY 18, 1997 439 Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Walker Those voting in the negative were Senators: Egan Guhl Johnson of 1st Tysinger Those not voting were Senators: Abernathy Bowen Fort Hooks James Perdue (presiding) Thomas of 10th On the passage of the bill, the yeas were 45, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. SB 214. By Senators Boshears of the 6th, Thompson of the 33rd, Johnson of the 2nd and Blitch of the 7th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals. The Senate Consumer Affairs Committee offered the following amendment: Amend SB 214 by striking the comma following "treatment" on line 17 of page 1 and in serting "or". By striking ", or both treatment and referral" on line 18 and 19 of page 1. On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Harbison Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker 440 JOURNAL OF THE SENATE Voting in the negative was Senator Guhl. Those not voting were Senators: Abernathy Bowen Fort Hooks James Perdue (presiding) Roberts On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. SB 121. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motor vehicles relative to speed restrictions, so as to change certain provisions relating to speed limits in construction sites. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Fort Gillis Hooks James Perdue (presiding) Thompson On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 118. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to redefine the term "project". The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, FEBRUARY 18, 1997 441 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Tysinger Those not voting were Senators: Abernathy Bowen Fort Gochenour Hooks Perdue (presiding) Starr Turner Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 28. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chap ter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father. The Senate Judiciary Committee offered the following substitute to SB 28: A BILL To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father and to petitions for adoption in certain circumstances; to change provi sions relating to notice to biological fathers who are not legal fathers regarding actions to terminate rights and adoption proceedings; to provide for a rebuttable presumption that a biological father who is not the legal father is not entitled to notice in certain circum stances; to provide for termination of rights of a biological father who is not a legal father after notice or without notice in certain circumstances; to provide for legislative findings; to make notice provisions relating to biological fathers who are not legal fathers similar for juvenile court proceedings and adoption proceedings; to provide for changes in the putative father registry; to provide for two types of registration and for information to be provided to registrants; to provide for publicizing the putative father registry; to provide for keeping 442 JOURNAL OF THE SENATE the putative father registry current and providing prompt response to requests; to provide for information from the putative father registry and other sources to be available to childplacing agencies and attorneys for adoption purposes; to provide for fees and their waiver, transmittal, and accounting; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings and parental rights, is amended in Code Section 15-11-2, relating to definitions, by redesignating existing paragraph (10.1) as (10.5) and by inserting new paragraphs, to be designated paragraphs (1.1), (10.1), (10.2), (10.3), and (10.4) to read as follows: "(1.1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child." "(10.1) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was con ceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22, and who has not surrendered or had terminated his rights to the child. (10.2) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (10.3) 'Parent' means either the legal father or the legal mother of the child. (10.4) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9." SECTION 2. Said chapter is further amended in Code Section 15-11-82, relating to petitions to termi nate parental rights, by inserting a new subsection to be designated subsection (d) to read as follows: "(d) When a petition seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to the child, the petition shall be amended to include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d) (2) (A) of Code Section 19-11-9 or indicating the possi bility of paternity of a child of the child's mother pursuant to subparagraph (d) (2) (B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition." TUESDAY, FEBRUARY 18, 1997 443 SECTION 3. Said chapter is further amended by striking in its entirety subsections (e) through (h) of Code Section 15-11-83, relating to the summons and rights of biological fathers, and in serting in their place the following: "(e) If there is a biological father who is not the legal father of a child and the identity and lutatifii ul ui;li uiulugiual ItiLlici ait Jviiuwn miu lie iiao nut cJteuuLcu ci Bunciiuei as apcci- fled in pdidgiaph (2) uf subsucliuii (e) of Cude SecLiuii 19-8-4, 19-8-5, 19-8-0, ui 19-8-7, lie 5i'iulDC HOt/llitju uy I'e^jicitsjrcuOT Ccrtriitju liitiil, rcLui'ii i*cCclpt 1'etjU.ecitctt,ETCITTS IctsL k-ilGWilSutlrGss,OILlit; prijutJcCliil^S pill H uctii t tO ttllls(_/OCitscuLiOn cHiQLlitilOLiueSli3.ll cuafuim to subsection (g) of Lliis Cude seutiun and shall be deemed received upon tin- dale uf deliver bhuwn un Hie lutuin leceipt and buuli father shall have the lights specified in miuscutiuii ((^} ul llus L/uilc aeuLiun anu will lust; tlicac iij^Kta as opccilicu in auUDfutiun (li) uf this Cude section, he has not executed a surrender as specified in paragraph (2) of subsection (e) of 19-8-4, 19-8-5, 19-8-6, or 19-8-7 he shall be notified of the proceedings pursuant to this Code section in the following circumstances^ (1) If his identity is known to the petitioner or the petitioner's attorney; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d) (2) (A) of Code Section 19-11-9; (3) If he is a registrant on the putative father registry who has indicated possible pa ternity of a child of the child's mother in accordance with subparagraph (d) (2) (B) of Code Section 19-11-9 during a period beginning two years immediately prior to the child's date of birth; or (4) If the court finds from the evidence, including but not limited to the affidavit of the mother executed in compliance with the court's requirement pursuant to subsection (g) oTthis Code section in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts: (A) Lived with the child; (B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or (D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. (f) Notification provided for in subsection (e) of this Code section shall be given to a bio logical father who is not a legal father by the following methods: (1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt; (2) Personal service, which notice shall be deemed received when personal service is perfected; or (3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publicaton. If feasible, the methods specified in paragraph, (1) or (2) of this subsection shall be used before publication. ff) (g) If there is a biological father who is not the legal father of the child and the identity ui lucaUuu of such biological father is not known to the petitioner or the petitioner's at torney, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if she refuses. If the court finds from the evidence including but not limited to the affidavit of the mother: 444 JOURNAL OF THE SENATE (1) That that such biological father who is not the legal father has not performed any of the following acts: t&) (1) Lived with the child; ffi) (2) Contributed to its the child's support; t&) (3) Made any attempt to legitimate the child; or (B) (4) Provided support or medical care for the mother (including medical caie) either during her pregnancy or during her hospitalization for the birth of the child, and the petitioner provides a certificate from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child's mother for a period begin ning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order termi nating the rights of such biological father to the child. \2j 1 list StlCn ululu^lCcll IStilGT ililS p 61*10 1* Hit; d ftiiy JTCt SpcCilleCl ill SU.upiirci.^Jl'ilpiliS (.Aj tpin'Ou.^ii i-LJ} Oi jJcii'a.^i'cHJii \) ui Lliib Su.ljsfcSCtl.0.11, LiitJii til 6 COUi't Sil3.li uGtsriUHTt; li'uiu tiie evidence whethei such conduct b> such biological falhei was sufficient lu establish a fa milial bond between such biological fathei and the child. If the court finds thai the coii- vxv ix ut s uimjicii L tu cstcuj-iiisii a. ittij.ii nai uoiiu, i iu iui tnci nn|uii iy ui nutiue LU o 1CIJU1 -and-tlic uuu.it oliall enLei cin uiuci ter= *c llgllLK 1Jl CJLLtll UHjlu^iu.ttl fathei-ttrthe-child, ui (em tu etcibfeh-a-fi il bund, tfaEir-th.c uuiii L slit:ill ilt;tt;i mint li um -the pvirtrr ffnrtw have be -rmrt II tlic COlii't Clctci'liliiiccJ SiiOli l"t!&c>Oiifl.uiis t;IIOi"tS. \l) llfl.VS HOt D66I1 liicKlti , Tt Sliilll QirSCt tll6 Cl6p&.iL LiiiOllL Ol" I1C6HS6Q CI11ICI JJISClll^ cfcjjJeiiCy LO eAjjtJilu. SuCli 3.CiClitiOil&l t;IIui't U.S tlit; COU-i't Sll&ll SpcCily iii tllu idt!iltriIlCfl.tiOii iiiid. location of su.cn uiologicsl latlier, tincl to report tli6 results of tlie scluitionai ef- lui'ts to tlie Cuui't, aiiu tlit: Cuui't Siid.ll Cuiltiilut; tlie iltjeii'iiig uiltil tile auuitiOiio.! ellOi'tc) lll.V6 u66U GXj}Gllu.6Q iiilo. tllG I'GSUltiS l*Cp01*t6u.. W11611 tll.6 rGSUitS &!"; r^pOI*L6Qj lI"tlHJ uuui I fmds that leasmiable effui Is have iiut been made, it shall uidei such additional siiorts &D.U reports ancl continue tli& lisariiig until tiics6""Ciiorts liavc DGGH 6xp6iiu6u auu j'epui'tis Hiad.6, HS pi'uviueu JLJU Lilt; preCeCinig pi'uviSiuxiaJ ul tlnS uivisiuxi, Oi', il txie COUrt IHlClc) tlifl.t i*t!&c>uild.ulB ellOl'tc! liciVe uecli Ili3.dc tile COill't Srkc!ui~~6Il't61*"~3.H OI*Q6r 3S providsd in division (,11) ox tliiB Hu.ujjiiLfci^iLfcHjl17 or \\i) ll3.Ve u^eli lllfl-Cl^j tilt: COUrt SilSll elltcr cili &pprOprikte OrclGl1 tie&igiietl tO fl-liui'tl suCii OiOlu^iCfcil l^ttllci' nuLiCc ui tlic jJi'uCtstJUiii^ tu tci'xiiiiia.Lt;, tiiid tlie iiOLiCt; 811&11 Cuil~ 101*111 tO S U. uStrCtiOii \^/ OI tlliS vJOCltJ SeCtiuii dlld Sllfl.ll tjt; pJFGVlClcd tlllQ CleellltiQ lTeCfclV^Cl as provided in subsectlun (b) uf Code Section 19-8-11 but shall not include the name 01 tlie 16^0.1 iliutiiei' 111 aiiy publiC iiutiCe tu SuCii biOlugiCal Ifl.tllei* it liiS 113.lli6 IS KiiOWll to tile COUFt ctliLl tile COUlTt SI13.il COIitlllllt; tile lieckl'lli^ 3.HQ Alltel iili OlTQel COllSlStdlt WILIl BUUHCCtlOll \ll) Ol tlllS OUUC BCCLlUIl. fg) (h) When notice is given pursuant to subsection (e) of this Code section ui divisiun (D (2) (D) (ii) uf this Cude section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending. fh) (i) If the A biological father who is not the legal father does not file a legiUmaLiuii peti- tiuii CUJLU give iiutiue cio ict{uiicu 111 auuscutiun (g) ui Lino Cuuc acttiun witlini oO uu^o lium TUESDAY, FEBRUARY 18, 1997 445 lllS IC^dfjL Ul LllC lluLll^C ^Jl'G V llltJvl 1U1 111 BllljBCtClUIl \c) Ui LlllS Uulle OCuLlUll \Jl (13) (11) ul tlno Cuilc sculiuii ui, il altci liluig Llxc pditujn lie Imis tu piuocCuLt: it to lium judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termina tion of his rights to the child if within 30 days from his receipt of the notice provided for in subsection (e) of this Code section he: (1) Does not file a legitimation petition and give notice as required in subsection (h) of this Code section; (2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or (3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the legal father of the child." SECTION 4. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by inserting a new subsection to be designated subsection (10) in Code Section 198-1, relating to definitions, to read as follows: "(10) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9." SECTION 5. Said chapter is further amended by striking in its entirety Code Section 19-8-12, relating to the rights of biological fathers who are not legal fathers, and inserting in its place the following: (a) If UiKie ib A biulugkal fdthei who ib uut the legal falliei uf a child diid Ihb identity and iCcil liltilGi" tiilt; KJL1GWH illKt lit llO 3 JL uucfeCllH tO tc-iiiinicltti liei ^irticlitS.1 i i^litS, k.iivl SUCtl iiutiCt; Sliclll uc Clcclilciil CO llciVc Ofecli i cCciVcd Oil t/116 LlclLt; OI u.6Iivex'_y SilOW^Ii OTT tilt; I'eLUJL'll receipt. (b) If there ib a blulugical failiei whu is nut tlie legal fatliei uf thu child and the identity ui lOC&tiuii OI B U.Ctt DlOlu^iCal latlitsi* IS liOt kllOWn ctnii lie liaS lioL CAtJCtltcQ Si s u.i'ileilu.el CS syucified in paragiaph (2) uf aubsectiun (e) of Cudu Section 19-8-4, 19-8-5, 19-8-G, 01 19-87 then. (a) The General Assembly finds that: (1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements; (2) Adoptive children have a right to permanence and stability in adoptive placements; (3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children; (4) A biological father who is not the legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if the biological father who is not the legal father develops a familial bond with the child; (5) The subjective intent of a biological father who is not a legal father, whether ex pressed or otherwise, unsupported by evidence of acts manifesting such intent, shall 446 JOURNAL OF THE SENATE not preclude a determination that the biological father who is not a legal father has failed to develop a familial bond with the child; and (6) A man who has engaged in a nonmarital sexual relationship with a woman is 3eemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is tEerefore entitled to notice of an adoption proceeding only as provided in this Code section. (b) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-84, 19-8-5, 19-8-6, or 19-8-7, he shall be notified of adoption proceedings regarding the child in the following circumstances: (1) If his identity is known to the petitioner, department, or licensed child-placing agency or to the attorney for the petitioner, department, or licensed child-placing agency; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (A) of paragraph (2) subsection (d) of Code Section 19-113?; (3) If he is a registrant on the putative father registry who has indicated possible pa ternity of a child of the child's mother during a period beginning two years immedi ately prior to the child's date of birth in accordance with subparagraph (B) of paragraph (2) of subsection (d) of Code Section 19-11-9; or (4) If the court finds from the evidence, including but not limited to the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 in tEe form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts: (A) Lived with the child; (B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or (D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. (c) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods: (1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt; (2) Personal service, which notice shall be deemed received when personal service is perfected; or (3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication. (d) (1) Where the rights of a parent or guardian of the a child have been surrendered oFterminated in accordance with subsection (a) of CoHe Section 19-8-4, the depart ment or a child-placing agency may file, under the authority of this paragraph, a petition to terminate such biological father's rights to the child; with the superior court of the county where the child resides;. (2) Where the rights of a parent or guardian of the a child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7 or a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Sec tion 19-8-6, the petitioner shall file, under the authority of this paragraph, with the TUESDAY, FEBRUARY 18, 1997 447 superior court either a motion, if a petition for adoption of the child has previously been filed with the court, or a petition; to terminate such biological father's rights to the child, and. (3) Where a petition or motion is filed pursuant to paragraph (1) or (2) of this subsec tion, the court shall, within 30 days from such filing, conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affida vit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable, in making its determination pursuant to this paragraph. If the court finds from the evidence: (A) That that such biological father has not performed any of the following acts: fr> (A) Lived with the child; fir) (B) Contributed to its the child's support; frir) (C) Made any attempt to legitimate the child; or fiv) (D) Provided support or medical care for the mother, (including medical caie) either during her pregnancy or during her hospitalization for the birth of the child, and the petitioner provides a certificate as of the date of the petition or the motion, as the case may be, from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possP ble paternity of a child of the child's mother for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably pre sumed that the biological father who is not the legal father is not entitled to notice~o7 the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child. (ij) 1 IiaL sLiuli ululu^iucil Iciliici lias ^jci Ivji ineu fctn^y ETCt sjjecilitiLl 111 uiviSiuna (i) LlllUU^li (iVJ (jl ^UiU^JUL Oi^LmJLL (A) ul tllltj ^Jclj 1^1 tl \jl~Lf LlieU tilt; UULli L sllclll liel/d'lllillC IJL uiii Llic tiviiltiiiut: wlictlici suv;li i^uiiuuct \jy Buuli uiulu^itctl ItiLliei was SLilJiuicuL lu establish a familial build between buck biulogical fatliei and the child. If the court iinds tlictt tllfe CGllduut W3SI (i) JNot 8UIIlC16nt ~~tu t;tauliSri ti icliririial bund, tlicli HO tui'tilei' ill^Uiry Ol HutiC6 tu SUCii DlOlu^iC3.JrT.titiit!i* Sllfl.Il u^ rci^un'tJCl uy tilt; CuLu'L diiu tlie COTii'L sliiill cuttrl* flO uidei luimiiiatiiig Llie lights uf such biulogiual fathei tu Lhe child, ui (ii) Sufficiuut tu establish a familial bund, then the cum I shall duleimine fiom thu evidence whethm leasuiiable efforts have been made to identify and locate the faLhei. If thu cuiuL deteniiiiies such leasuuabln (1) lliavc nut bceii iiiauc, it olidll Uiit^ul tlic piusuii ui cijiliL^ liliiig tilt: petiliuu ui' iJuiSutiiit Lu Lino suuscCtiOii Lu CAJJCHU. auCli avlililiunal dlOit iiri Llie v^uuiL shall specify in Hie iJentllicatkm ajiJ luualiun uf sucli blulugical fatlim and lu lepuil llin leaulla uf the addiliuiial ei'furts tu the couit, and the cuml fehall cunliiiuu Hie liudiijig until Lhe adJiliuiial efTurts liavu been expended and the i]e- sultc) I'epOrtsdr. Wtl611'"tnG"i'6SUlts tuL6 l"6p"Oi'teCr," II tll6 uoui't IliiuS tll'&t i*6a,suiiEt>TG t:llO!TtS I1IV6 HOt Dccil iUld.ti , Tt Sli3.ll Oi"ud* SU.CO auditiOiid.1 61TOl*tS H11O i^e^Oi'tS iiicnJ.t;, tify jji'uVidtJU. Ill til B jji'eCt;u.lii^ ^jruviHiOiiS Ol tlilS SUuulVlSiuiij Oi', il tlie COUTt lliluc) tllflb l"t;3.suil.3ult; cllOi"tS"lllVt; uccii ilifl-dfe, tI16 COui't Sllo.ll eilLur 111 OiLu.ci' ac> provided In &ubdivisiun (II) of this division, or (II) Have been made, the cuuit shall entei an appiopiiate ordei designed to af- lut'u SUCll uiolugnjal Ifcttllei' iiutlC6 01 tilt; Sui'i'eiluGl*, termniatiun, COIiSfellt to adopt, 01" J)luuut;t;Lliii{^ tu ttJi'lllllicttS, iiiid tlit; ilOtlCG Sll^ll Cuiilm'iil to SUuSStliuii (.C'/OI tlllS vJude ScCtlOIi fciiiu. Sllfcill Jjt; pi*OVldt;d tHQ "CltJCiiitJu TeCeivud cC~ tiuii (b) of Code Section 19-8-11, but shall not Include the name of the legal iiiutliei1 ill flliy^pituilC liutiue tu SUcli biulu^iCal Idtlier 11 Ins iiaiile it> KllOWii tu tlie 448 JOURNAL OF THE SENATE nd the court shall continue the hearing and entei an uidei umbibteiil with biibbectiun (J) uf this Code bectiun. fc)(e) When notice is to be given pursuant to subsection (a) m (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father. uili hearing examiner the commissioner of human resources specifying why such information is necessary. If issued, such sub poenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human resources or his the commissioner's duly authorized representative, the supe rior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents." SECTION 5. Said chapter is further amended by striking in its entirety Article 5, the "Aid to Families with Dependent Children Act," and inserting in lieu thereof the following: "ARTICLE 5 RESERVED." SECTION 6. Said chapter is further amended by adding at the end thereof a new Article 9 immediately following Article 8 to read as follows: "ARTICLE 9 49-4-180. This article shall be known and may be cited as the 'Temporary Assistance for Needy Families Act.' 49-4-181. As used in this article, the term: (1) 'Applicant' means a person who applies for assistance under the state plan. (2) 'Assistance' means the temporary assistance provided to needy families with chil dren in accordance with Part A of Title IV of the federal Social Security Act, as amended, regulations promulgated pursuant thereto by the secretary of health and human services, all applicable laws of this state, the state plan, and regulations of the Board of Human Resources. 478 JOURNAL OF THE SENATE (3) 'Board' means the Board of Human Resources. (4) 'Cash assistance' means the money payment component of TANF assistance. (5) 'Department' means the Department of Human Resources. (6) 'Family' means one or more children living with a responsible parent, both parents, or other caretaker relative or legal guardian. (7) 'Recipient' means a person who receives assistance pursuant to the state plan. (8) 'State plan' means the plan submitted by the State of Georgia to the secretary of health and human services, pursuant to Part A of Title IV of the federal Social Security Act, as amended, particularly by the Act of August 22, 1996, Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. (9) 'TANF' means temporary assistance for needy families. (10) Work activity" means a work activity as defined by Part A of Title IV of the federal Social Security Act, as amended, which currently includes any of the following: (A) Unsubsidized employment; (B) Subsidized private sector employment; (C) Subsidized public sector employment; (D) Work experience, including work associated with the refurbishing of publicly as sisted housing, if sufficient private sector employment is not available; (E) On-the-job training; (F) Job search and job readiness assistance; (G) Community service programs; (H) Vocational educational training, not to exceed 12 months with respect to any individual; (I) Job skills training directly related to employment; (J) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; (K) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate of high school equivalency; and (L) The provision of child care services to an individual who is participating in a community service program. In the event the definition of work activities in Part A of Title IV of the federal Social Security Act is amended to delete from or add to the list of activities contained in this paragraph, any such change or changes shall be incorporated into this paragraph. 49-4-182. (a) There is created the Georgia Temporary Assistance for Needy Families Program, which shall be known as the 'Georgia TANF Program.' The purpose of such program is to provide necessary assistance to needy families with children on a temporary basis and to provide parents, legal guardians, or other caretaker relatives of children with the neces sary support services to enable such parents, legal guardians, or caretaker relatives to become self-sufficient and leave the program as soon as possible. Applicants for assist ance shall be required to engage in a work activity in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the state plan as soon as possible after making application for assistance, but in any event no later than 24 months after first receiving cash assistance. (b) Assistance shall be provided in accordance with the state plan and any future amend ments thereto. Cash assistance to a recipient who is not a minor child and who is a head THURSDAY, FEBRUARY 20, 1997 479 of a household or married to the head of a household shall be limited to a lifetime maxi mum of 48 months, whether or not consecutive, beginning January 1, 1997. (c) Nothing in this article, the state plan, or any rules or regulations adopted pursuant to this article shall be interpreted to entitle any individual or family to assistance under the Georgia TANF Program. 49-4-183. (a) This article shall be administered by the Department of Human Resources. The Board of Human Resources shall have authority to issue such rules and regulations as may be necessary to administer this article properly and to comply with the require ments of Part A of Title IV of the federal Social Security Act, as amended, the state plan, and any future amendments to such Act or plan. (b) The board shall ensure that such rules and regulations provide for: (1) Methods of administration necessary for the proper and efficient operation of the state plan for implementation of this article; (2) Reasonable standards for determining eligibility and the extent of assistance avail able for recipients; (3) Consideration of the income and resources of an applicant for assistance in deter mining eligibility; (4) Personal responsibility obligations and work activity requirements consistent with Part A of Title IV of the federal Social Security Act, as amended, and the state plan; (5) Criteria which make an applicant ineligible to receive benefits under the Georgia TANF Program, including but not limited to those specified in Code Section 49-4-184; (6) Specific conduct which would authorize the reduction or termination of assistance to a recipient, including but not limited to that specified in Code Section 49-4-185; (7) Standards whereby certain obligations, requirements, and criteria will be waived for specific applicants or recipients based on hardship; (8) An administrative hearing process with hearings to be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and subsection (b) of Code Section 49-4-13. (9) Safeguards which restrict the use and disclosure of information concerning appli cants for and recipients of assistance under this article and in accordance with Code Section 49-4-14 and Part A of Title IV of the federal Social Security Act, as amended; and (10) Immunizations for specified diseases for preschool age children as a condition of assistance being provided for such children, and the schedule of and standards for ad ministering such immunizations, including the presentation of a certificate of immuni zation, unless: (A) There is appropriate evidence from the local health department or a physician that an immunization sequence has been started and can be completed within a pe riod of up to 180 days, in which case a waiver of the immunization requirement for up to 180 days shall be granted; (B) After examination by the local board of health or a physician, any preschool age child is found to have a physical disability which may make vaccination undesirable, in which case a certificate to that effect issued by the local board of health or the physician may be accepted in lieu of a certificate of immunization and shall exempt the child from obtaining a certificate of immunization until the disability is relieved; (C) The parent or legal guardian furnishes an affidavit swearing or affirming that the immunization conflicts with the religious beliefs of the parent or legal guardian; 480 JOURNAL OF THE SENATE (D) The implementation of such an immunization requirement violates any federal law or regulations or would result in the loss of any federal funds to this state. (c) The department shall: (1) Supervise the administration of assistance pursuant to the Georgia TANF Program by the division of family and children services; (2) Prescribe necessary forms and procedures to carry out the Georgia TANF Program, subject to the rules and regulations prescribed by the board pursuant to this article; and (3) Publish an annual report and such interim reports as may be necessary. 49-4-184. (a) An applicant is not eligible for assistance under this article and a recipient shall no longer be eligible for assistance under this article if: (1) The applicant's or recipient's family does not include a minor child; (2) The applicant or recipient does not cooperate with the department in establishing paternity, in providing assistance in a fraud and abuse investigation, or in establish ing, modifying, or enforcing a support order with respect to a child of the applicant or recipient, and the applicant or recipient does not qualify for any good cause exception which may be established by the board; (3) The applicant or recipient fails to assign to the department any rights that appli cant or recipient may have to support from any other person, not exceeding the total amount of assistance so provided to the family which accrue or have accrued before the date the recipient family leaves the program, in accordance with the provisions of Part A of Title IV of the federal Social Security Act, as amended; (4) The applicant or recipient is convicted of a serious violent felony as defined in sub section (a) of Code Section 17-10-6.1 on or after January 1, 1997; (5) The applicant or recipient is convicted of any felony under Article 2 of Chapter 13 of Title 16, 'Georgia Controlled Substances Act,' on or after January 1, 1997; (6) The applicant or recipient is under 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not completed a high school educa tion or its equivalent, unless the applicant or recipient participates in: (A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) An alternative educational or training program that has been approved by the department; (7) The applicant or recipient is under 18 years of age, has never married, and is either pregnant or has a minor child in his or her care, unless: (A) The applicant or recipient and the child or children live in a place of residence maintained by the applicant's or recipient's parent, legal guardian, or other adult relative of the applicant or recipient as such parent's, legal guardian's, or other adult relative's own home; or (B) The applicant or recipient lives in a foster home, maternity home, or other sup portive living arrangement supervised by an adult; (8) The applicant or recipient is fleeing to avoid prosecution or custody or confinement after conviction of a felony under the laws of the place from which the applicant or recipient is a fugitive; or (9) The applicant or recipient violates a condition of probation or parole imposed under state or federal law. (b) Paragraphs (6) and (7) of subsection (a) of this Code section shall not apply if the applicant or recipient has no parent or legal guardian whose whereabouts are known, no parent or legal guardian of the applicant or recipient allows the applicant or recipient to THURSDAY, FEBRUARY 20, 1997 481 live in the home of that parent or legal guardian, or the department otherwise deter mines that there is good cause not to apply the prohibitions contained in said paragraphs. 49-4-185. (a) As used in this Code section, the term 'sanction' means a 25 percent reduction of cash assistance provided to a family for a time period established by the board for the first violation and termination of assistance provided to the family for any subsequent viola tion; provided, however, that the department may determine that there is good cause not to apply such a sanction in specific circumstances. (b) A recipient shall be subject to sanction for failing to comply with the state plan if the recipient: (1) Fails to report that a child is absent from home for a period of 45 consecutive days or, in the case of a child who is a recipient, being absent from home for a period of 45 consecutive days; provided, however, that a child who is a recipient shall not be sanc tioned if the department determines there is good cause not to sanction the child under such circumstances; (2) Violates any personal responsibility or work participation requirement; provided, however, that a single custodial parent with a child under 12 months of age may be exempt from any work participation requirement until adequate child care is avail able; or (3) Except for violations of subsection (a) of Code Section 49-9-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board. 49-4-186. The schedule of assistance to be paid to a recipient family under this article shall elimi nate the increment in benefits under the Georgia TANF Program as a result of the birth of a child during the period in which the family is eligible for TANF assistance or during a temporary period in which the family or recipient is ineligible for TANF assistance pursuant to a sanction imposed for failure to comply with eligibility requirements, subse quent to which the family or recipient is again eligible for assistance. The recipient fam ily in which the recipient parent gives birth to an additional child during the recipient's period of eligibility for TANF assistance, or during a temporary period of ineligibility for assistance, may not receive additional assistance, except in the case of a general increase in the amount of TANF assistance which is provided to all program recipients. This provision shall only apply to recipient families who have been in receipt of cash assist ance under this article for a total often months after May 1, 1997. Nothing in this Code section shall be considered to disqualify a recipient family from an incremental increase in assistance in cases in which the birth of a child is the result of a verifiable rape or incest. ' 49-4-187. An applicant who moves into this state after receiving assistance from another state under Part A of Title IV of the federal Social Security Act, as amended, if otherwise eligible to receive assistance under the Georgia TANF Program, shall receive the same level of assistance for the same period of time under the same requirements and restric tions as a resident of this state; provided, however, that for a period not to exceed 12 months, such applicant shall receive the same amount of cash assistance as that appli cant received in his or her previous state of residence, if such amount is lower than the amount of cash assistance paid to a comparable family unit in this state; provided, fur ther, that an applicant who moves into this state shall be eligible to receive cash assist ance for the same time period for which he or she would have been eligible in his or her previous state of residence, if such time period is shorter than the maximum time period permitted for receipt of assistance in this state. 482 JOURNAL OF THE SENATE 49-4-188. (a) As used in this Code section, the term 'qualified alien' means a qualified alien as defined in Section 431 of the Personal Responsibility and Work Opportunity Reconcilia tion Act of 1996, as amended, Public Law 104-193. (b) Qualified aliens who arrived in the United States prior to August 22, 1996, if other wise eligible for assistance under the former Aid to Families with Dependent Children program, will continue to be eligible for assistance under the Georgia TANF Program upon meeting the same qualifications and conditions as other applicants. Qualified aliens who arrived in the United States on or after August 22, 1996, will not be eligible for TANF assistance, except to the extent required by federal law; provided, however, that such qualified aliens will be eligible for cash assistance for a period not to exceed 12 months upon meeting the same qualifications and conditions as other applicants. 49-4-189. (a) Notwithstanding any other provision of law to the contrary, except as provided in subsection (b) of this Code section, an employer providing an applicant or recipient with employment in a work or community service activity, when such employment is uncompensated, shall not be liable to the applicant or recipient or to any other person for any injury, accident, or death arising out of and in the course of such employment unless such injury is caused by the employer's wanton and willful recklessness or is caused by an intentional act of the employer; provided, however, that provision of public or private insurance covering any risk shall waive this qualified immunity to the extent of such insurance coverage. (b) The provisions of this Code section shall be subject to any applicable provisions of Chapter 9 of Title 34 inconsistent with this Code section. 49-4-190. It is the intention of the General Assembly that this article be construed consistently with Part A of Title IV of the federal Social Security Act, as amended, and so as to au thorize the Department of Human Resources, within the appropriations provided to it, to administer the state plan in a manner so as to receive the maximum amount of the fed eral block grant available for expenditures made under the state plan." SECTION 7. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms "Aid to Families with Dependent Children" and "aid to families with dependent children" wherever they occur and inserting in their respective places the terms "Temporary Assistance for Needy Families" and "temporary assistance for needy families": (1) Code Section 19-11-9.2, relating to the duty of employers to report hiring and rehiring of persons; (2) Code Section 21-2-222, relating to designated voter registration agencies and offices; (3) Code Section 49-3-6, relating to functions of county department; (4) Code Section 49-4-3, relating to establishment of categories of public assistance; (5) Code Section 49-4-16, relating to research, demonstration, and work experience programs; (6) Code Section 49-4-170, relating to grounds for appointing personal representative; (7) Code Section 49-4-171, relating to hearing on petition; and (8) Code Section 49-5-7, relating to development and administration of public child welfare and youth services. THURSDAY, FEBRUARY 20, 1997 483 SECTION 8. The following Code sections of the Official Code of Georgia Annotated are amended by striking the term "AFDC" wherever it occurs and inserting in its place the term "TANF": (1) Code Section 19-11-12, relating to determination of ability to support; and (2) Code Section 19-11-21, relating to payment of support to department. SECTION 9. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, is amended by striking in its entirety Code Section 48-7-42, relating to tax credits for employers of certain persons receiving public assistance, which reads as follows: "48-7-42. (a) As used in this Code section, the term: (1) 'AFDC recipient' means a person who receives assistance as denned in Code Section 49-4-101 and who is a participant in the Jobs First Program established by Code Sec tion 49-4-118. (2) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (b) A tax credit against the tax imposed by this chapter shall be granted to an employer who first employs an AFDC recipient effective January 1, 1996. The amount of the credit shall be as follows: (1) If the AFDC recipient is compensated at $4.00 or more above the hourly rate of the federal minimum wage, the credit shall be 40 percent of the first $7,000.00 in wages paid annually for such person; (2) If the AFDC recipient is compensated at less than $4.00, but more than $3.00 above the hourly rate of the federal minimum wage, the credit shall be 25 percent of the first $7,000.00 in wages paid annually for such person; and (3) If the AFDC recipient is compensated at $3.00 or less above the hourly rate of the federal minimum wage, the credit shall be 20 percent of the first $7,000.00 in wages paid annually for such person. (c) A tax credit under this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code section. Any such excess credit may be carried over and claimed during the period of five years after the taxable year for which the credit is claimed until the credit is exhausted. (d) No credit may be claimed under this Code section for the employment of any AFDC recipient for whom a credit has been claimed by any one or more employers for a period of 36 months. (e) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee and provide written evidence of the employee's wages, which may include but not be limited to copies of the AFDC recipient's W-2 forms prepared by or for the employer, and evidence of the employee's receipt of AFDC assistance during the period for which the credit is claimed, which evidence of receipt the employer may require of the employee as a condition of employment. (f) A credit cannot be claimed pursuant to this Code section for any job which could not be made available through the Jobs First Program under subsection (g) of Code Section 494-118 because of Section 3304(a)(5) of the Federal Unemployment Tax Act. 484 JOURNAL OF THE SENATE (g) This Code section shall be automatically repealed January 1, 2001." SECTION 10. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval of the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senators Middleton of the 50th, Perdue of the 18th and others offered the following amendment: Amend the committee substitute to SB 104 by adding after the semicolon on line 19 of page 1 the following: "to provide for statutory construction; to provide for screening TANF recipients for do mestic violence and for referrals and waivers relating thereto; to provide for a LEARNFARE pilot program to require school attendance of certain teen-agers and pro vide for sanctions and reports relating thereto;". By striking "have authority to" from line 39 of page 6. By adding at the end of line 2 of page 7 the following: "The initial rules and regulations for the Georgia TANF Program shall be promulgated by the board no later than July 1, 1997." By adding after the semicolon on line 15 of page 7 the following: "provided, that programs included in the personal responsibility obligations established by the board shall include counseling on abstinence until marriage;". By striking "or" at the end of line 10 of page 10. By striking the period and adding "; or" at the end of line 12 of page 10. By adding between lines 12 and 13 of page 10 the following: "(10) The recipient is pregnant and fails to participate actively in prenatal care at a level denned by the department." By adding "material" immediately preceding "violation" on line 25 and 26 of page 10. By striking the quotation marks on line 12 of page 13 and inserting in their place the following: "Nothing in this article shall be construed to impose requirements which conflict with such federal law or regulations promulgated thereunder so as to result in a loss of federal funding to this state under that law. 49-4-191. The department shall establish and enforce standards and procedures to: (1) Screen and identify recipients of TANF assistance with a history of being victims of domestic violence, while protecting the confidentiality of any such recipients; (2) Refer any such recipients to counseling and supportive services; and (3) Waive, pursuant to a determination of good cause, other program requirements for any such recipients of TANF assistance, such as time limits, for so long as necessary, residency requirements, child support cooperation requirements, and family cap provi sions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly pe nalize such recipients who are or have been victimized by such violence, or individuals who are at risk of further domestic violence. THURSDAY, FEBRUARY 20, 1997 485 49-4-192. (a) As used in this Code section, the term: (1) "Program" means the LEARNFARE program established in this Code section. (2) "Teen-ager" means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is a parent or is residing with a parent or guardian, and who has not graduated from high school or received a certifi cate of high school equivalency (GED). (b) The purpose of this Code section is to establish a pilot LEARNFARE program that requires school attendance of all teen-agers. (c) The department shall establish in no more than ten counties in this state a pilot LEARNFARE program. Such program shall require school attendance of all teen-agers. (d) A teen-ager who is required to attend school to meet LEARNFARE participation re quirements under this Code section shall comply except when there is good cause shown, as denned by the department. (e) Upon determination that a teen-ager has failed without good cause to attend school as required, the teen-ager will be removed from the TANF grant for the next possible pay ment month. (f) A sanction applied under this program shall be effective for one month for each month that the teen-ager failed to meet the monthly attendance requirement, as established by the department. In the case of a teen-ager who drops out of school, the sanction shall remain in force until the teen-ager provides written proof from the school system that the teen-ager has re-enrolled and has met the monthly attendance requirement for one cal endar month. (g) The department shall adopt not later than July 1, 1997, such rules and regulations as may be necessary to implement this program. The department shall establish by appro priate rules and regulations the eligibility and participation guidelines for such program. (h) The department shall further provide, no later than January 1, 1999, a written report to the General Assembly which shall describe all actions taken to implement this pro gram and the results and findings derived therefrom.' " Senators Price of the 56th, Middleton of the 50th, and Ralston of the 51st offered the following amendment: Amend the Middleton amendment to SB 104 by striking on line 27, page 2 of the amend ment "is a parent or", by striking on line 34, page 2, of the amendment "no more" and adding "not less" On the adoption of the amendment, the yeas were 46, nays 0, and the Price, et al. amendment to the Middleton, et al. amendment was adopted. On the adoption of the Middleton, et al. amendment, the yeas were 47, nays 1, and the Middleton amendment to the committee substitute was adopted as amended. The President resumed the Chair. Senators Thomas of the 10th and Hill of the 4th offered the following amendment: Amend the Committee Substitute to SB 104, Sect. 49-4-188 by deleting lines 15-27 page 12 and inserting the following: "(b) Qualified aliens will be eligible for assistance under the Georgia TANF program upon meeting the same qualifications and conditions as other applicants." 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 Boshears Egan Fort Glanton Harbison 486 JOURNAL OF THE SENATE Henson Hill James Land Oliver Price of 56th Scott Those voting in the negative were Senators: Balfour Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis Gochenour Griffin Guhl Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Perdue Tanksley Thomas of 10th Walker Price of 28th Ragan Ralston Ray Roberts Starr Streat Taylor Thomas of 54th Thompson Turner Tysinger Not voting were Senators Clay and Stokes. On the adoption of the amendment, the yeas were 16, nays 38, and the Thomas, Hill amendment to the committee substitute was lost. Senator James of the 35th offered the following amendment: Amend the Senate Health and Human Services Committee substitute to SB 104 by in serting on line 19 of page 1 immediately following the word and symbol "employers;" the following: "to provide for a poverty wage;". By inserting on line 24 of page 6 after the word "assistance" the following: "except as otherwise provided in Code Section 49-4-189.1". By inserting on line 14 of page 7 immediately after the word and symbol "amended," the following: "the provisions of Code Section 49-4-189.1,". By inserting between lines 3 and 4 of page 13 the following: "49-4-189.1. (a) It is the finding of the General Assembly that there exists a deficit between the number of jobs currently being created in Georgia and the number of people in Georgia who are entering the work force. It is the intention of the General Assembly that efforts to place recipients of TANF in work activities shall not operate to undermine the wages and working conditions of the gainfully employed people of Georgia. (b) As used in this Code section, the term 'poverty wage' means an amount equal to I/ 2080 of the current federal poverty level for a family of three for the ensuing fiscal year, as defined by this Code section or adjusted by rule of the department. (c) Every employer, whether a person, firm, or corporation, shall pay to each current or former TANF recipient engaged in a work activity in their employ at least the greater of $6.24 per hour or the poverty wage as defined in this Code section for each hour worked in the employment of such employer. (d)(l) On January 1, 1998, and each year thereafter, the board shall adjust the poverty wage provided for in subsection (c) of this Code section to an amount equal to 1/2080 of the current federal poverty level for a family of three for the ensuing fiscal year, pro vided that the amount of the current poverty wage is less than the amount of the ad justed poverty wage. The board shall devise a formula which uses the annual THURSDAY, FEBRUARY 20, 1997 487 adjustment of the federal poverty level for a family of three, a projection of inflation based on historical data, and which is projected to yield an adjusted poverty wage that will provide poverty-level wages by July 1 of each year. (2) The amount of the adjusted poverty wage shall be publicly declared and promul gated by issuance of an order by the board on January 1 of each year and shall become effective on July 1 of that year. (e) In compliance with the requirements of Public Law 104-193, the Personal Responsi bility and Work Opportunities Act of 1996, Section 407(f), related to nondisplacement in work activities, the following provisions shall be applicable: (1) Subject to paragraph (2) of this subsection, an adult in a family receiving temporary assistance under the state plan may fill a vacant employment position in order to en gage in a work activity; (2) No adult in a work activity which is funded, in whole or in part, by funds provided by the federal government, by the State of Georgia, or by a person, firm, or corporation shall be employed or assigned: (A) When any other individual is on layoff or strike from the same or any substan tially equivalent job; or (B) If the employer has terminated the employment of any regular or temporary employee or otherwise caused an involuntary reduction of its work force in order to fill the vacancy so created with an adult described in paragraph (1) of this subsection; (3) The board, in cooperation with the Commissioner of Labor, shall establish by January 1, 1998, and maintain a grievance procedure for resolving complaints of al leged violations of paragraph (2) of this subsection; and (4) Nothing in this subsection shall preempt or supersede any provision of state or local law that provides greater protection for employees from displacement. (f) The board is authorized to administer and enforce this Code section and to make such rules and regulations as are necessary for such administration.". 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 Fort Harbison James Johnson of 2nd Thomas of 10th Those voting in the negative were Senators: Balfour Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Not voting were Senators Boshears and Clay. 488 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 6, nays 48, and the James amend ment to the committee substitute was lost. Senators Harbison of the 15th and Thomas of the 10th offered the following amendment: Amend the committee substitute SB 104 by deleting the number "48" on line 29 of page 6 and inserting the number "60" after the word "of". 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 Fort Harbison James Thomas of 10th Those voting in the negative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Clay Griffin Stokes Walker On the adoption of the amendment, the yeas were 5, nays 47, and the Harbison, Thomas amendment to the committee substitute was lost. On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st THURSDAY, FEBRUARY 20, 1997 489 Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Voting in the negative was Senator Fort. Not voting was Senator Clay. Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Taylor of the 12th moved that SB 104 be immediately transmitted to the House. On the motion, the yeas were 47, nays 0; the motion prevailed, and SB 104 was imme diately transmitted to the House. 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 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. Senator Hooks of the 14th moved that the Senate insist on its substitute to the follow ing bill: HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 34. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: 490 JOURNAL OF THE SENATE HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd. Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a conference committee be appointed on the following bill: HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. 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 Walker of the 22nd, Perdue of the 18th and Hooks of the 14th. At 1:17 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 P.M., and at that time adjourn until 9:00 A.M. tomorrow; the motion prevailed. At 5:00 P.M., the Senate adjourned. FRIDAY, FEBRUARY 21, 1997 491 Senate Chamber, Atlanta, Georgia Friday, February 21, 1997 Twenty-first Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 601. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the commission ers. HB 608. By Representative Parrish of the 144th: A bill to amend an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. HB 85. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to provide for refundable credits with respect to previously taxed income which is subsequently repaid by the taxpayer. HB 334. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public re tirement systems; to provide that certain such records shall not be subject to public disclosure. HB 197. By Representatives Sherrill of the 62nd and Smith of the 175th: A bill to amend Chapter 31 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Suggestion System Act," so as to provide for nominations of state employees and awards for such nominees in certain circumstances. 492 JOURNAL OF THE SENATE HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or man ufacturing support facilities in tier 1, 2, and 3 counties. HB 143. By Representative Harbin of the 113th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for in creased penalties for unlawful practice as a professional engineer or land sur veyor. HB 325. By Representatives Bordeaux of the 151st, Davis of the 60th and Alien of the 117th: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports. HB 479. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer. HB 278. By Representatives Trense of the 44th, Felton of the 43rd, Campbell of the 42nd, and others: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, so as to require that certain reports on the performance of the 911 communications center be pre pared and made available for public inspection on a quarterly basis. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 215. By Representative Poag of the 6th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". HR 48. By Representatives Johnston of the 81st and Coleman of the 142nd: A resolution strongly urging the Board of Regents to promulgate policies, rules and regulations ensuring Georgia residents priority in admission to units of the University System of Georgia. FRIDAY, FEBRUARY 21, 1997 493 The following bills were introduced, read the first time and referred to committees: SB 299. By Senators Ralston of the 51st and Land of the 16th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for grounds for continu ance for the presiding of a party or attorney as a judge in a court of record. Referred to Committee on Special Judiciary. SB 300. By Senator Thomas of the 10th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Massage ther apists; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths, and vacancies; to provide for meetings; to provide for quorums; to provide for records; to provide for rules and regulations. Referred to Committee on Consumer Affairs. SB 301. By Senators Marable of the 52nd, Dean of the 31st and Streat of the 19th: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to ex empt certain energy cost savings measures from certain spending limits. Referred to Committee on Education. SB 302. By Senator Henson of the 55th: A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change the definitions of certain terms; to change certain provisions relating to designation of flood damaged or fire damaged vehicle on certificate of title; to change certain provisions relating to salvaged or rebuilt motor vehicles. Referred to Committee on Transportation. SB 303. By Senators Henson of the 55th and Fort of the 39th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain all funds received as collection fees for use in defraying the costs of collection of fees as required by law. Referred to Committee on State and Local Governmental Operations (General). SB 304. By Senators Middleton of the 50th, Henson of the 55th, Thomas of the 10th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to change the provisions regarding unlawful acts and penalties; to change the provisions relat ing to liens of the Department of Medical Assistance; to change the provisions relating to administrative hearings and appeals. Referred to Committee on Health and Human Services. 494 JOURNAL OF THE SENATE SB 305. By Senator Abernathy of the 38th: A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for legislative findings; to require each local board of education to implement a uniform stu dent dress code. Referred to Committee on Education. SB 306. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and Tanksley of the 32nd: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, pow ers, and duties of the council; to provide for funding of the council; to provide for the status of the council. Referred to Committee on Special Judiciary. SB 307. By Senator Gochenour of the 27th: A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to authority to refuse a license to or discipline a physician, so as to prevent such actions based upon certain unconventional or experimental prac tice. Referred to Committee on Health and Human Services. SB 308. By Senators Madden of the 47th, Thomas of the 10th, Dean of the 31st and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the enrollment and reimbursement of licensed clinical social workers for certain mental health evaluations and treatment of behavioral disorders of nursing home residents under certain conditions. Referred to Committee on Consumer Affairs. SB 309. By Senators Gochenour of the 27th, Johnson of the 1st and Dean of the 31st: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the grounds for the granting of a total di vorce; to provide for the basis upon which child custody, child support, and the division of property shall be awarded. Referred to Committee on Judiciary. SB 310. By Senator Balfour of the 9th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits. Referred to Committee on Transportation. FRIDAY, FEBRUARY 21, 1997 495 SB 311. By Senator Gochenour of the 27th: A bill to amend Code Section 25-10-3.1 of the Official Code of Georgia Annotat ed, relating to storage of fireworks by licensed nonmanufacturers, so as to au thorize the issuance of a magazine license for storage of fireworks in this state by applicants for such license who plan to conduct a fireworks exhibition or dis play in another state under certain conditions. Referred to Committee on Consumer Affairs. SR 225. By Senators Gillis of the 20th, Hooks of the 14th, Bowen of the 13th and Madden of the 47th: A resolution creating the Joint Coastal Ground-Water Resources Study Commit tee. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 85. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to provide for refundable credits with respect to previously taxed income which is subsequently repaid by the taxpayer. Referred to Finance and Public Utilities Committee. HB 143. By Representative Harbin of the 113th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for in creased penalties for unlawful practice as a professional engineer or land sur veyor. Referred to Natural Resources Committee. HB 197. By Representatives Sherrill of the 62nd and Smith of the 175th: A bill to amend Chapter 31 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Suggestion System Act," so as to provide for nominations of state employees and awards for such nominees in certain circumstances. Referred to State and Local Governmental Operations (General) Committee. HB 278. By Representatives Trense of the 44th, Felton of the 43rd, Campbell of the 42nd and others: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the requirement for the creation of an advisory board to assist local government in the creation and operation of 911 systems, so as to require that certain reports on the performance of the 911 communications center be pre pared and made available for public inspection on a quarterly basis. Referred to Consumer Affairs Committee. 496 JOURNAL OF THE SENATE HB 325. By Representatives Bordeaux of the 151st, Davis of the 60th and Alien of the 117th: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports. Referred to Special Judiciary Committee. HB 334. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public re tirement systems; to provide that certain such records shall not be subject to public disclosure. Referred to Retirement Committee. HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or man ufacturing support facilities in tier 1, 2, and 3 counties. Referred to Finance and Public Utilities Committee. HB 479. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to lower the amount upon which the commissioner may require payment through electronic funds transfer. Referred to Finance and Public Utilities Committee. HR 48. By Representatives Johnston of the 81st and Coleman of the 142nd: A resolution strongly urging the board of regents to promulgate policies, rules, and regulations ensuring Georgia residents priority in admission to units of the University System of Georgia. Referred to Higher Education Committee. HR 215. By Representative Poag of the 6th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". Referred to Transportation Committee. HB 601. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the commission ers. Referred to State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 21, 1997 497 HB 608. By Representative Parrish of the 144th: A bill to amend an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 215. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 94. Do pass. HB 388. Do pass. HB 151. Do pass. HB 425. Do pass. HB 165. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 254. Do pass by substitute. SR 111. Do pass as amended. SR 49. Do pass by substitute. Respectfully submitted, Senator Middleton of the 50th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 219. Do pass. SR 202. Do pass. SB 222. Do pass by substitute. HB 238. Do pass. SB 245. Do pass by substitute. HB 371. Do pass. Respectfully submitted, Senator Middleton of the 50th District, Chairman 498 JOURNAL OF THE SENATE Mr. President: The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 140. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 23. Do pass. SR 100. Do pass. SR 50. Do pass. SR 151. Do pass. SR 53. Do pass. SR 219. Do pass. SR 89. Do pass. SR 195. Do pass. Respectfully submitted, Senator Scott of the 36th 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 46. Do pass as amended. SR 21. Do pass as amended. SR 17. Do pass as amended. SR 4. Do pass as amended. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 403. Do pass by substitute. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 21 SB 209 SB 263 SR 88 SR 197 HB 241 HB 340 SB 61 SB 212 SB 269 SR 161 SR 209 HB 272 HB 345 SB 70 SB 228 SB 271 SR 164 HB 49 HB 294 HB 417 SB 114 SB 237 SB 278 SR 180 HB 93 HB 297 HB 424 SB 165 SB 242 SB 282 SR 194 HB 105 HB 333 HR 105 SB 207 SB 258 SR 41 SR 196 HB 127 HB 337 FRIDAY, FEBRUARY 21, 1997 499 The President called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger Walker Those not answering were Senators: Abernathy Bowen Thomas of 10th Thompson The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Henson of the 55th introduced the chaplain of the day, Reverend Raleigh Rucker, pastor of Mt. Patmos Baptist Church, Atlanta, Georgia, who offered scripture read ing and prayer. The following resolutions was read and adopted: SR 227. By Senators Taylor of the 12th, Hooks of the 14th, Turner of the 8th and others: A resolution recognizing and commending Dr. S. Anne Hancock. Senator Taylor of the 12th introduced Dr. Anne Hancock, commended by SR 227, who addressed the Senate briefly. The following resolutions were read and adopted: SR 224. By Senators James of the 35th, Johnson of the 2nd, Thomas of the 10th and others: A resolution commending Honorable Cynthia Ann McKinney on the occasion of Sister to Sister Day at the Capitol. SR 226. By Senators Perdue of the 18th, Johnson of the 1st, Land of the 16th and others: A resolution commending Mrs. Cindy Lamutt, recognizing her courtesy, naming her official baker of the Georgia Senate. SR 228. By Senator Glanton of the 34th: A resolution commending Stephen R. Cox on attaining the rank of Eagle Scout. 500 JOURNAL OF THE SENATE SR 229. By Senator Bowen of the 13th: A resolution congratulating Roy Tucker on his 100th birthday. SR 230. By Senator Hill of the 4th: A resolution recognizing and commending Nell Oglesby Frye. Senator Egan of the 40th moved that the following bill be withdrawn from the Ethics Committee and committed to the Public Safety Committee: SB 142. By Senators Broun of the 46th and Bowen of the 13th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to require candidates for the office of sheriff to submit to drug tests; to repeal certain provisions relating to training requirements; to provide certain exemptions; to change provisions relating to how vacancies in the office of sheriff are filled. On the motion, the yeas were 32, nays 0; the motion prevailed and SB 142 was with drawn from the Ethics Committee and committed to the Public Safety Committee. The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, February 21, 1997 TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *HB 403 Tysinger, 41st CITY OF NORCROSS Amends an Act creating a new charter for the City of Norcross, so as to change a definition. (SUBSTITUTE) The substitute to the following bill was put upon its adoption: *HB 403: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 403: A BILL To be entitled an Act to amend an Act creating a new charter for the City of Norcross Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for commit tee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government; to repeal certain provisions relating to the city manager and acting city manager; to repeal certain provisions relating to council interference with administration; to change certain provisions regarding the mayor and mayor pro tempore; to change certain provisions regarding administrative and service de partments; to change certain provisions regarding position classification and pay plans; to change certain provisions regarding collection of delinquent taxes and fees; to change cer tain provisions relating to operating budgets; to change certain provisions relating to capi tal improvements budgets; to change certain provisions relating to sale of city property; to provide for related matters; to provide for a special election and effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 21, 1997 501 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, is amended by striking paragraph (1) of subsection (c) of Section 1.13, which reads as follows: "(1) 'Appointed officer' where used herein shall mean all administrative officers, includ ing the city clerk, city treasurer, city attorney, city accountant, city engineer and city manager. Such term shall not include members of boards, commissions, or authorities.", and inserting in its place a new paragraph (1) to read as follows: "(1) 'Appointed officer' where used in this charter shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city accountant, and city engineer. It shall not include members of boards, commissions, or authoritites." SECTION 2. Said Act is further amended by striking Section 2.20, which reads as follows: "SECTION 2.20. Rules of procedure. Unless otherwise provided by ordinance, rules of procedure for meetings of the city coun cil shall follow Robert's Rules of Order. The city council shall provide for keeping a jour nal of its proceedings which shall be a public record." and inserting in its place a new Section 2.20 to read as follows: "SECTION 2.20. Rules of procedure. (a) Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order. The city council shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons of the city council shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. Following the procedures described in this charter, the mayor and city council shall have the power to appoint a new member to any committee at any time." SECTION 3. Said Act is further amended by striking Sections 2.27 through 2.33 which read as follows: "SECTION 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The city manager shall be appointed solely on the basis of his executive and administrative qualifications. SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint an other officer of the city to serve until the city manager shall return or his disability shall cease. 502 JOURNAL OF THE SENATE SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsi ble to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may au thorize any administrative officer who is subject to his direction and supervision to exer cise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agen cies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussions, but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council sub ject to enforcement by him or by officers subject to his direction and supervision are faith fully executed; (5)He shall prepare and submit the annual operating budget and capital budget to the city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the oper ations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the af fairs of the city as he deems desirable; and (9) He shall perform other such duties as are specified in this charter or as may be re quired by the city council. SECTION 2.30. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager and neither the city council nor its members shall give orders to any such officer or employee either publicly or privately. SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial pur poses, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign, as a matter of course on behalf of the city, all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided herein, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; FRIDAY, FEBRUARY 21, 1997 503 (6) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (7) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. SECTION 2.33. Mayor pro tern. During the absence or disability of the mayor for any cause, the mayor pro tern or, in his absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers." and inserting in their place new Sections 2.27 through 2.29 to read as follows: "SECTION 2.27. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in such mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. SECTION 2.28. Powers and duties of mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial pur poses and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided in this charter, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) In conjunction with department heads, prepare and submit to the city council a rec ommended annual operating budget and recommended capital budget; (7) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (8) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. SECTION 2.29. Selection of mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall serve at the pleasure of the city council, shall con tinue to vote, and shall otherwise participate as a councilmember." 504 JOURNAL OF THE SENATE SECTION 4. Said Act is further amended by striking Section 3.10 which reads as follows: "SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor may recommend, and the city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as necessary for the proper adminis tration of the affairs and government of the city. The mayor shall recommend, and the city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employ ment; and may transfer or change the function or duties of offices, positions of employ ment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a de partment head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department. (c) Except as otherwise provided by this charter, appointed officers of the city shall serve at the pleasure of the city council. Vacancies occurring in an appointed office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the department heads and other appointed of ficers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as pre scribed by ordinance of the city council. (f) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city man ager may suspend or remove department heads under his supervision, but such shall not be effective for 30 calendar days following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of three councilmembers.", and inserting in its place a new Section 3.10 to read as follows: "SECTION 3.10. Administrative and service departments. (a) The mayor and city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. The mayor shall recommend and the city council shall prescribe the functions and duties of existing de partments, offices, and agencies or of any departments, offices, and agencies created or established by this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a de partment head of each department who shall be its principal officer. Each department FRIDAY, FEBRUARY 21, 1997 505 head shall, subject to the direction and supervision of the mayor and city council, be responsible for the administration and direction of the affairs and operations of his or her department. (c) Except as otherwise provided by this charter, the department heads and other ap pointed officers of the city shall serve at the pleasure of the mayor and city council. Va cancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the department heads and other appointed of ficers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as pre scribed by ordinance of the city council." SECTION 5. Said Act is further amended by striking Section 3.17 which reads as follows: "SECTION 3.17. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees, except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city em ployees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city.", and inserting in its place a new Section 3.17 to read as follows: "SECTION 3.17. Position classification and pay plans. The mayor and city council shall be responsible for the preparation of a position classifi cation and pay plan. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employ ees, except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city." SECTION 6. Said Act is further amended by striking Section 6.19 which reads as follows: "SECTION 6.19. Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the General Government Administration department and executed by the city manager or his or her designee under the same procedure provided by the law governing execution of such process from the superior court or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which the city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have 506 JOURNAL OF THE SENATE equal dignity with those of federal, state, or county taxes. In case of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due the city.", and inserting in its place a new Section 6.19 to read as follows: "SECTION 6.19. Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the General Government Administration department and executed by any police officer of the city or the city marshal under the same procedure provided by the law governing execution of such process from superior court or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which the city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city." SECTION 7. Said Act is further amended by striking Section 6.26 which reads as follows: "SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city coun cil a proposed operating budget for the ensuing fiscal year. The budget shall be accompa nied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.", and inserting in its place a new Section 6.26 to read as follows: "SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the begin ning of each fiscal year, the mayor in conjunction with all department heads of the city shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the General Government Administration Department and shall be open to public inspection." FRIDAY, FEBRUARY 21, 1997 507 SECTION 8. Said Act is further amended by striking Section 6.27 which reads as follows: "SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordi nance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable, unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the re tirement of bonded indebtedness.", and inserting in its place a new Section 6.27 to read as follows: "SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordi nance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions, or allotments thereof, to which it is chargeable, unless authorized by the city council. 508 JOURNAL OF THE SENATE (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the re tirement of bonded indebtedness." SECTION 9. Said Act is further amended by striking Section 6.29 which reads as follows: "SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city coun cil a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations pro vided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recom mendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.", and inserting in its place a new Section 6.29 to read as follows: "SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all the department heads of the city shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations pro vided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, how ever, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommenda tions. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance." FRIDAY, FEBRUARY 21, 1997 509 SECTION 10. Said Act is further amended by striking Section 6.33 which reads as follows: "SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city man ager to execute and deliver in the name of the city a deed conveying said cut off or sepa rated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such ex change is deemed to be in the best interest of the city. All deeds and conveyances hereto fore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.", and inserting in its place the following: "SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separate parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such ex change is deemed to be in the best interest of the city. All deeds and conveyances hereto fore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made." SECTION 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of the city of Norcross shall call and conduct an election as provided in this sec tion for the purpose of submitting this Act to the electors of the City of Norcross for approval or rejection. The election superintendent shall conduct that election on a date permissible under Code Section 21-3-52 of the O.C.G.A. 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 Gwinnett County. The ballot shall have written or printed thereon the words: 510 JOURNAL OF THE SENATE "( ) YES Shall the Act be approved which changes the City of Norcross from a city ( ) NO manager-council form of government to a mayor-council form of government?" 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 than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 10 shall become of full force and effect immediately. If the Act is not so approved, the remaining sections of this Act shall not become effective. The expense of such election shall be borne by the city of Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 12. Except for Sections 1 through 10 of this Act, this Act shall become effective upon its ap proval by the Governor or upon its becoming law without such approval. Sections 1 through 10 of this Act shall only become effective as provided in Section 11 of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 53, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill as reported, was agreed to. On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Ralston Scott Thomas of 54th On the passage of the local bill, the yeas were 53, nays 0. HB 403, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 21, 1997 511 SENATE RULES CALENDAR Friday, February 21, 1997 TWENTY-FIRST LEGISLATIVE DAY SR 9 Hugh L. Logan Interchange--designate portion of U.S. Highways 29 and 129 (Trans--46th) SR 48 Evelyn S. Wade Highway -- designate (Trans--31st) SR 62 Commuter Rail Service -- support development to Northwest Georgia (Trans-- 33rd) SR 63 Martin Luther King, Jr., Memorial Highway--portion of Highway 120 Loop (Trans--33rd) SR 143 Baldwin County -- conveyance, lease of certain state property (Substitute) (F&PU--25th) SR 165 Dougherty, Jasper, Macon, Ware Counties -- drainage, electrical easements (F&PU--44th) SB 181 Guardian of Incapacitated -- legal counsel regarding dissolution (Substitute) (S Judy--48th) SB 99 Mental Health -- certain emergency examinations by counselors, therapists (Substitute) (Amendment) (H&HS--55th) SB 52 Alcoholic Beverage Advertisements -- allow prices (Substitute) (C Aff--40th) SB 252 Safe Drinking Water Act -- permits, rate increases (Amendment) (Nat R-- 12th) SB 217 Disposition of Unclaimed Property -- abandonment of certain unpaid wages (S Judy--29th) SB 91 Employees' Health Insurance -- certain county officers' participation (Substi tute) (H&HS--20th) SB 139 Medical Assistance Department -- prohibit certain restrictions on prescribing drugs (H&HS--10th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SR 9. By Senator Broun of the 46th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th 512 JOURNAL OF THE SENATE Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Not voting were Senators Guhl and Tysinger. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 48. By Senator Dean of the 31st: A resolution honoring Evelyn S. Wade and designating a portion of Georgia Highway 120 as the "Evelyn S. Wade Highway". The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Broun of 46th Guhl Henson On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. FRIDAY, FEBRUARY 21, 1997 513 SR 62. By Senators Thompson of the 33rd and Clay of the 37th: A resolution supporting the development of commuter rail service to Northwest Georgia from the intermodal transportation station in downtown Atlanta through the City of Marietta on the existing CSX tracks. Senators Dean of the 31st and Thompson of the 33rd offered the following amendment: Amend SR 62 by adding at line 3, Page 1 between the words Marietta and "on" the words "and Cartersville" On line 25, Page 1, following the word Marietta: "and Cartersville" On line 2, page 2, add the words "and Cartersville, Georgia", following the word Georgia On the adoption of the amendment, the yeas were 37, 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 adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Blitch. Those not voting were Senators: Hill Huggins Tanksley Taylor On the adoption of the resolution, the yeas were 51, nays 1. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 63. By Senators Thompson of the 33rd and Clay of the 37th: A resolution designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway". Senator Thompson of the 33rd offered the following amendment: Amend SR 63 by striking the word 'naming' on page (1), line 11, and adding in its place, the word, designating. 514 JOURNAL OF THE SENATE and by striking on Line 13, of page (1) the word, after, and inserting in lieu thereof the words, "In Honor of. On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kenip Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Glanton Guhl Tanksley On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 143. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the lease of certain state owned real property in Baldwin County, Georgia. The Senate Committee on Finance and Public Utilities offered the following substitute to SR 143: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the lease of certain state owned real property in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of two certain tracts of real property located in Baldwin County, Georgia, hereinafter described; and WHEREAS, pursuant to Resolution Act 16 (H.R. No. 66-230, Ga. L. 1979, p. 575), enacted by the General Assembly at the 1979 regular session, Baldwin County currently leases approximately 650 acres of state owned property in Baldwin County for recreational pur poses for a consideration of $250.00 per year; and FRIDAY, FEBRUARY 21, 1997 515 WHEREAS, the above-described lease was effective August 7, 1979, and expires July 25, 2021; and WHEREAS, the Milledgeville-Baldwin County Development Authority is desirous of ac quiring approximately 400 acres of the above-described leased property for industrial de velopment purposes as described and marked in green on a drawing dated January 28, 1997, on file in the offices of the State Properties Commission and shall be more particu larly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and WHEREAS, Resolution Act 77 (S.R. No. 457, Ga. L. 1996, p. 1429), enacted by the General Assembly at the 1996 regular session, authorized the sale to the Milledgeville-Baldwin County Development Authority of approximately 141 acres of state owned property in Baldwin County for the fair market value thereof; and WHEREAS, Baldwin County is desirous of leasing, under the same terms and conditions as the previously described leased 650 acre tract, the above-described 141 acre tract, in addi tion to approximately 429 acres of adjoining state owned property as described and marked in yellow on a drawing on file in the offices of the State Properties Commission, and shall be more particularly described on a plat of survey prepared by a Georgia registered land sur veyor and presented to the State Properties Commission for approval. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the above-described 400 acre tract of 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 the fair market value thereof less the fair market value of harvestable timber on such property as of the date of the execution of the instrument and conditioned on the MilledgevilleBaldwin County Development Authority agreeing to expend the proceeds from the harvest ing of any such timber on such property solely for the purposes in industrial development on such property and agreeing that if such proceeds from the sale of such timber are not expended solely for the purposes of industrial development on such property, such proceeds shall be paid to the State Properties Commission to be deposited into the state treasury, and for such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3. That the above-described 141 acre tract of real property, in addition to approximately 429 acres of adjoining state owned property, shall be leased to Baldwin County with the follow ing conditions: (1) The consideration for said lease shall be $250.00 per year; (2) The subject property shall be utilized by Baldwin County for recreational purposes only; (3) The term of said lease shall expire July 25, 2021; (4) Baldwin County shall relinquish its leasehold interest in the above-described 400 acre tract under that certain lease between the State of Georgia and Baldwin County dated August 7, 1979, prior to the conveyance to the Milledgeville-Baldwin County Develop ment Authority as described in Section 2 of this resolution; and 516 JOURNAL OF THE SENATE (5) Any harvesting of timber on the leased property shall be first approved by the Georgia Forestry Commission, and all proceeds derived from said harvesting shall be remitted to said commission. SECTION 4. That the authorization in this resolution to convey and lease the above-described properties to the Milledgeville-Baldwin County Development Authority and Baldwin County, respec tively, shall expire three years after the date that this resolution becomes effective. SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and leasing. SECTION 6. That the deed of conveyance and lease agreement 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. SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Cagle and Henson. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. Senator Ralston of the 51st moved that Senator Tanksley of the 32nd be excused. On the motion the yeas were 36, nays 0; the motion prevailed and Senator Tanksley was excused. FRIDAY, FEBRUARY 21, 1997 517 SR 165. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of drainage pipelines, electrical distribution lines, and tele communications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Dougherty, Jasper, Macon, and Ware Counties, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Tanksley (excused). On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 181. By Senators Ray of the 48th, Tanksley of the 32nd and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to clarify that a ward retains the right to employ legal counsel in actions pertaining to modification or termi nation of the guardianship. The Senate Special Judiciary Committee offered the following substitute to SB 181: A BILL To be entitled an Act to amend Code Section 29-5-7 of the Official Code of Georgia Anno tated, relating to the retention and protection of the rights of a ward, so as to provide that the appointment of a guardian does not divest the ward of the right to bring legal action relating to the guardianship either individually or through legal counsel; to provide an effective date; to repeal conflicting laws; and for other purposes. 518 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 29-5-7 of the Official Code of Georgia Annotated, relating to the retention and protection of the rights of a ward, is amended by striking in its entirety subsection (a), and inserting in lieu thereof the following: "(a) Persons determined incapacitated pursuant to this chapter or alleged to be so inca pacitated shall not be deprived of any civil, political, personal, or property rights without due process of law. The appointment of a guardian for the person or property shall not remove from the ward the power to bring an action relating to the guardianship either individually or through legal counsel.'1 SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Boshears Clay Scott Tanksley (excused) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 21, 1997 519 SB 99. By Senator Henson of the 55th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of per sons who are mentally ill or alcoholic or drug dependent; to define certain terms. The Senate Health and Human Services Committee offered the following substitute to SB 99: A BILL To be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to provide an effective date; to pro vide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (d) of Code Section 37-3-41, relating to emergency transport of a person for involuntary evaluation of mental illness, in its entirety and inserting in its place the following: "(d) Any psychologist, clinical social worker, licensed professional counselor, licensed marriage and family therapist, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed profes sional counselor, a licensed marriage and family therapist, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. Notwithstanding the above provisions of this subsection, a certificate executed by a licensed professional counselor or licensed marriage and family therapist who is employed by the state shall only authorize the person named in the certificate as requiring involuntary treatment to be delivered to an emergency receiving facility owned or operated by the state, and a certificate executed by a licensed professional counselor or licensed marriage and family therapist who is not employed by the state shall only authorize the person named in the certificate as requir ing involuntary treatment to be delivered to an emergency receiving facility not owned or operated by the state. For purposes of this subsection, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist;_the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed profes sional counselor; the term 'licensed marriage and family therapist' means any person authorized under the laws of this state to practice as a licensed marriage and family therapist; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health." SECTION 2. Said title is further amended by striking subsection (d) of Code Section 37-7-41, relating to emergency transport of a person who is an alcoholic, a drug abuser, or a drug dependent individual for involuntary evaluation, and inserting in its place the following: 520 JOURNAL OF THE SENATE "(d) Any psychologist, clinical social worker, licensed professional counselor, licensed marriage and family therapist, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed profes sional counselor, a licensed marriage and family therapist, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. Notwithstanding the above provisions of this subsection, a certificate executed by a licensed professional counselor or licensed marriage and family therapist who is employed by the state shall only authorize the person named in the certificate as requiring involuntary treatment to be delivered to an emergency receiving facility owned or operated by the state, and a certificate executed by a licensed professional counselor or licensed marriage and family therapist who is not employed by the state shall only authorize the person named in the certificate as requir ing involuntary treatment to be delivered to an emergency receiving facility not owned or operated by the state. For purposes of this subsection, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologistj^the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker;; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed profes sional counselor; the term 'licensed marriage and family therapist' means any person authorized under the laws of this state to practice as a licensed marriage and family therapist; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric mental health." SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. 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 SB 99 by adding "for examination" after "delivered" on line 33 of page 1, line 3 of page 2, and lines 1 and 6 of page 3. By adding "or its political subdivisions" after "state" on line 1 of page 2 and line 4 of page 3. On the adoption of the amendment, the yeas were 41, nays 0, and the Henson amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt FRIDAY, FEBRUARY 21, 1997 521 Land Langford Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Madden. Those not voting were Senators: Brush Ragan Stokes On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 52. By Senator Egan of the 40th: A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of dis tilled spirits in visible places and the prohibition of sales below cost, so as to delete provisions prohibiting the advertising of prices. The Senate Consumer Affairs Committee offered the following substitute to SB 52: A BILL To be entitled an Act to amend Code Section 3-4-3 of the Official Code of Georgia Anno tated, relating to retail dealer's signs, so as to repeal said Code section; to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of adver tisement or information regarding prices of distilled spirits in visible places and the prohi bition of sales below cost, so as to delete provisions prohibiting the advertising of prices; to amend Code Section 3-6-25.1 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of wine in visible places, so as to repeal provisions prohibiting the advertising of prices; to provide an effective date; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-4-3 of the Official Code of Georgia Annotated, relating to retail dealer's signs, is amended by striking said code section which reads as follows: "3-4-3. (a) Except as otherwise provided in subsection (b) of this Code section, a licensed retail dealer in distilled spirits may display at the licensee's place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words 'liquor,' 'beer,' 'wine,' 'champagne,' or any combination thereof, and 'package store' or 'liquor store,' together with the trade name of the retail dealer. In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words 'package store' or 'liquor store' and the trade name of the retail dealer. Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger that 16 square feet in area. 522 JOURNAL OF THE SENATE (b) Notwithstanding the provisions of subsection (a) of this Code section, the commis sioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishements which advertise or promote any lottery authorized under Chapter 27 of Title 50, the 'Georgia Lottery for Education Act,' provided that such signs are in compliance with said Chapter 27 of Title 50 and the rules and regulations of the board of directors of the Georgia Lot tery Corporation." SECTION 2. Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of distilled spirits in visible places and the prohibition of sales below cost, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "3-4-26. V<1/ ING pcl'SOli iiulcliii^j SL 1'etfl.ll ttfefcilt;.! o lnjcilst; Lu u.t:cil ill u-lSLliltiCl Spii'itciby Lilt? jJciCxvci^t; 3ny SuVti'ListJiiicj.lt OI iillui'llicltiGii i*e^3.rQlIl tllG pllCfc ur plICcS 01 ftliy OJ.5^ jsliGW WnlCluW Of" OlllGr pllCt; viBiDlc iiluiii uuLcsiU-t; Llie IlCenSco S piiC6 ui ftr) (a) No person licensed to sell distilled spirits by the package for carry-out purposes shalFsell such beverages at a price less than the cost which such licensee pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business. fc)(b) The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection ftr) (a) of this Code section for reasons relating to liquidation of inventory, close-out of Brands, outdated products, or any other reason the commissioner may determine to merit an exception." SECTION 3. Code Section 3-6-25.1 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of wine in visible places, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "3-6-25.1. (a) Nu peibun holding a letail dealer's license tu dual in wine by the package shall display any ttilvei tiaeiiieiil ui ui inluiiiiaLiuii icgaiumg Llie pnuc ui pucco ul any wme 111 dLLy jsliuw wiiiiluw ui utlici ^jliiuc vioiulc li uiu uuitsiilt; Liiu litcuscc o ^jlaCe ul uusiiitiSB. ftr) (a) No person licensed to sell wine by the package for carry-out purposes shall sell sucfTbeverages at a price less than the cost which such licensee pays for such wine. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business. fc) (b) The commissioner of revenue shall be authorized to adopt such regulations as he or she~cTeems necessary to provide for exception to the prohibition provided in subsection fb) (a) of this Code section for reasons relating to liquidation of inventory, close-out of Brands, outdated products, or any other reason the commissioner may determine to merit an exception." SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. FRIDAY, FEBRUARY 21, 1997 523 SECTION 5. 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 Boshears Bowen Broun of 46th Brown of 26th Cheeks Crotts Egan Fort Gillis Griffin Harbison Hooks James Johnson of 1st Land Langford Oliver Ragan Scott Taylor Thomas of 10th Turner Tysinger Those voting in the negative were Senators: Balfour Blitch Brush Burton Cagle Dean Glanton Gochenour Guhl Henson Huggins Kemp Lamutt Marable Perdue Price of 28th Price of 56th Ralston Ray Roberts Starr Tanksley Thomas of 54th Thompson Those not voting were Senators: Clay Hill Johnson of 2nd Madden Middleton Stokes Streat Walker On the passage of the bill, the yeas were 24, nays 24. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Egan of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action on SB 52. SB 252. By Senators Taylor of the 12th, Egan of the 40th, Clay of the 37th and Thomas of the 10th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Drinking Water Act of 1977," so as to change certain definitions; to extend the duration of permits for operation of public water systems; to provide that the director of the Environmental Protec tion Division of the Department of Natural Resources shall require compliance by privately owned public water systems with certain conditions prior to issu ance of a permit. The Senate Committee on Natural Resources offered the following amendment: Amend SB 252 by striking lines 16 and 17 of page 4 in their entirety and inserting in lieu thereof the following: "permit issuance. The owner and local government shall endeavor in good faith to meet and confer during this 90 day period." 524 JOURNAL OF THE SENATE By striking line 26 of page 4 in its entirety and inserting in lieu thereof the following: "liable for a civil penalty not to exceed $1,000.00 per violation:". On the adoption of the amendment, the yeas were 40, nays 0, and the committee amendment was adopted. Senator Madden of the 47th offered the following amendment: Amend SB 252 by adding on page 2 line 31 after 1998, for systems exceeding 25 connections, . On the adoption of the amendment, the yeas were 40, nays 0, and the Madden amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Glanton and Perdue. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 217. By Senators Langford of the 29th and Gochenour of the 27th: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the presumption of abandonment of certain unpaid wages; to provide for the disposi tion of such wages. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan FRIDAY, FEBRUARY 21, 1997 525 Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Perdue. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Harbison of the 15th introduced the doctor of the day, Dr. Beverly Townsend, of Midland, Georgia. The Calendar was resumed. SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and Starr of the 44th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan; to provide for a definition; to provide for the collection of payments from county employees, retirees, and dependents. The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 13, 1997 The Honorable Floyd L. Griffin, Jr. State Senator Legislative Office Building, Room 301-B Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 91 (LC 26 0083) Dear Senator Griffin: This bill provides that counties shall contract with the State Personnel Board to include certain county officers in the state employees' health insurance plan. The county officers affected by this legislation include: probate judges, sheriffs, tax commissioners or tax col lectors, clerks of superior court, and full-time chairpersons of the county board of commis sioners. This bill would also authorize these persons to continue their health insurance coverage after they leave their position provided they have completed 12 or more years of such service. 526 JOURNAL OF THE SENATE This bill would result in additional costs to the State Personnel Board of approximately $60,000 per year. This estimate includes the personal services expenses for two additional persons needed oversee the county contracts. These persons would handle customer ser vice/technical support, billing, enrollment, communications, accounting, and auditing func tions. The expenses associated with the additional personnel would be funded through administrative fees assessed to each of the counties. It should be noted that this bill does not clearly indicate whether the counties are responsible for collecting premiums from re tired personnel who participate in the state employees' health insurance plan. If the coun ties handle this responsibility, then no further state costs would be incurred. However, if the state is responsible for collecting these premiums, then it is possible that more than two additional persons would be needed since each retiree would have to be handled as a separate entity. The fiscal impact to the counties is dependent on the change in premium costs that would be paid for participating county employees. Under this legislation, the county would be required to pay $240.75 per month in premiums for each employee that participates in the state employees' health insurance plan. In addition, each county would be assessed admin istrative fees to cover related expenses incurred by the State Personnel Board. Based on a survey of selected counties, it appears that the officers affected by this legislation are cur rently covered under their respective county's health insurance plan. However, the premi ums for each county plan vary significantly. Therefore, while some counties could possibly reduce their health insurance costs, other counties could realize an increase in costs. It should be noted that the State Personnel Board intends to establish a separate risk pool for the participating county employees. In doing so, the cost of covering these individuals would not affect the cost of premiums for state employees. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The Senate Health and Human Services Committee offered the following substitute to SB 91: A BILL To be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to author ize the State Personnel Board to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans estab lished under said article; to authorize the various counties to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans established under said article; to provide for the collection of pay ments from county employees, retirees, and dependents; to provide for contributions and deductions; 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. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding a new subparagraph (L) to paragraph (2) of Code Section 45-18-1, relating to definitions pertaining to the state em ployees' health insurance plan, to read as follows: FRIDAY, FEBRUARY 21, 1997 527 "(L) Probate judges, sheriffs, tax commissioners or tax collectors, clerks of superior court, chief magistrates, and full-time chairpersons of the board of commissioners of the various counties of this state; and ", and by redesignating existing subparagraph (L) as subparagraph (M). SECTION 2. Said article is further amended by adding a new Code Section 45-18-5.3 to read as follows: "45-18-5.3. (a) The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article employees, spouses, and dependents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commis sioner or tax collector, clerk of the superior court, chief magistrate, or full-time chairper son of the board of commissioners; and employees, spouses, and dependents of employees leaving employment who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, or full-time chairperson of the board of commissioners. The County Officers Asso ciation of Georgia is authorized to contract with the board as provided in this Code sec tion. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under subsection (b) of this Code section and remit same to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. In addition, it shall be the duty of the County Officers Associ ation of Georgia to maintain and remit to the board accurate records of employee, depen dent, and other information required by the board to administer this Code section. (b) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article employees, spouses, and dependents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, chief magistrate, or full-time chairperson of the board of com missioners; and employees, spouses, and dependents of employees leaving employment who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees and otherwise collect from former employees such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. In addition, it shall be the duty of such county or counties to make the employer contributions required on behalf of employees and former employees for the operation of such plan or plans. (c) In administering this Code section, it shall be the responsibility of the board to de velop rates for coverage based on the actual claims experience of the individuals covered by this Code section." SECTION 3. Notwithstanding any other provisions of law, this Act shall become effective July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Gillis of the 20th, Ragan of the llth and Middleton of the 50th offered the following amendment: 528 JOURNAL OF THE SENATE Amend the committee substitute to SB 91 by adding "of after "article" on lines 5 and 32 of page 2. On the adoption of the amendment, the yeas were 42, nays 0, and the Gillis, et al. amendment to the committee substitute was adopted. Senators Ragan of the llth, Middleton of the 50th, and Gillis of the 20th offered the following amendment: Amend the committee substitute to SB 91 by adding "chief magistrate," after "court," on lines 14 and 41 of page 2. On the adoption of the amendment, the yeas were 47, nays 0, and the Ragan, et al. amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brush Henson Hill Ragan Scott On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Gillis of the 20th moved that SB 91 be immediately transmitted to the House. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 91 was immedi ately transmitted. SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a phy sician's ability to treat a patient with a prescription drug that has been ap proved by the United States Food and Drug Administration. FRIDAY, FEBRUARY 21, 1997 529 The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 13, 1997 The Honorable Guy Middleton, Chairman Health and Human Services Committee Legislative Office Building, Room 302-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 139 (LC 19 3293) Dear Chairman Middleton: This bill would prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior or retroactive approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug administration. This bill would have a significant fiscal impact on both state and federal expenditures asso ciated with the payment of prescription drug claims through the Department of Medical Assistance. By eliminating the prior or retroactive approval process, which has been in place since 1967, the state would in effect be authorizing unlimited utilization of prescrip tion drugs. This could result in unnecessary prescriptions, unnecessary prescribing of brand name drugs, inappropriate drug therapy which might compromise patient care, po tential fraud and abuse, and an inability to effectively control costs. Based on information obtained from the Department of Medical Assistance, this bill could have a minimum fiscal impact of approximately $50 million per year. If unnecessary utili zation develops, or if there is an increased level of fraud and abuse, the cost of this bill could be much higher. The 1995 Annual Report from the Department of Medical Assistance reported annual sav ings from pharmacy prior approval of approximately $20 million. In addition, the Depart ment's fiscal year 1997 appropriations for the pharmacy program were reduced by approximately $30 million; the estimated savings from recent changes to the prior approval process and the drug formulary . The elimination of the prior or retroactive approval pro cess would increase costs by at least these amounts since there would be no restrictions on the number or type of prescription drugs that could be dispensed to Medicaid recipients. According to the U.S. General Accounting Office (GAO), potential fraud and abuse in the Medicaid program is a serious problem nationwide. Dollar losses are widely estimated to be as high as ten percent of total program costs. By eliminating the control mechanisms over potentially unnecessary and fraudulent dispensing of prescription drugs, it is antici pated that the level of fraud and abuse in Georgia's Medicaid pharmacy program could increase significantly. A January, 1996 GAO report concluded that "millions can be saved by screening claims for overused services." All southeastern states currently have a mechanism for controlling inappropriate and un necessary utilization of prescription drugs. The only two states without a prior approval program are Tennessee and North Carolina. The Medicaid program in Tennessee is cur rently operated as a mandatory managed care program. In North Carolina, prescription 530 JOURNAL OF THE SENATE drug utilization is controlled by a monthly limit of six prescriptions per recipient. Prescrip tions over this limit are paid fully by the Medicaid recipient. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Cagle Langford Madden Ralston Taylor Not voting were Senators Blitch and Harbison. On the passage of the bill, the yeas were 49, nays 5. The bill, having received the requisite constitutional majority, was passed. At 11:20 A.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Monday, February 24, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. MONDAY, FEBRUARY 24, 1997 531 Senate Chamber, Atlanta, Georgia Monday, February 24, 1997 Twenty-second Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of Friday, February 21, 1997 proceedings had been read and found correct. Senator Egan of the 40th moved that the Senate reconsider its action in defeating the following bill of the Senate: SB 52. By Senator Egan of the 40th: A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of dis tilled spirits in visible places and the prohibition of sales below cost, so as to delete provisions prohibiting the advertising of prices. On the motion, Senator Perdue of the 18th, who was presiding, ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Brown of 26th Cagle Clay Crotts Dean Egan Fort Gillis Glanton Guhl Henson Huggins Johnson of 2nd Johnson of 1st Land Langford Madden Oliver Price of 56th Ralston Ray Stokes Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Blitch Burton Gochenour Griffin Lamutt Marable Price of 28th Ragan Roberts Starr Taylor Those not voting were Senators: Abernathy Balfour Bowen Broun of 46th Brush Cheeks Harbison Hill Hooks James Kemp Middleton Perdue (presiding) Scott Streat Tanksley Walker On the motion, the yeas were 28, nays 11; the motion prevailed, and the Senate recon sidered its action in defeating SB 52, and the bill was placed on the General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received for 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: 532 JOURNAL OF THE SENATE HB 617. By Representatives Epps of the 131st and Smith of the 102nd: A bill to create and establish the Meriwether County Airport Authority. HB 639. By Representatives Day of the 153rd, Mueller of the 152nd, Thomas of the 148th and others: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. HB 640. By Representatives Jackson of the 112th and Hudson of the 120th: A bill to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. HB 643. Representative Tillman of the 173rd: A bill to amend an Act creating the Board of Commissioners of Mclntosh County and to amend an Act creating the Board of Educaton of Mclntosh County, so as to provide for new commissioner districts; to provide for new education districts. HB 255. By Representative Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant rela tionship, so as to provide for the effect of written real estate brokerage agree ments and the construction thereof; to provide for the nature and scope of writ ten brokerage agreements incorporated into leases. HB 463. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and others: A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia, so as to provide that the board may invest in certain corporations. HB 380. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement per sonnel may retire upon a normal service retirement with certain benefits. HB 508. By Representative Skipper of the 137th: 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. MONDAY, FEBRUARY 24, 1997 533 HB 289. By Representative Twiggs of the 8th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff office's nomenclature or symbols; to provide a statement of public policy; to provide a short title. HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th: A bill to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint inter est in a vehicle with survivorship in two or more persons. HB 331. By Representatives Lane of the 146th, Bordeaux of the 151st, Hammontree of the 4th and others: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorney's fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit. The House has agreed to the Senate amendment to the following bill of the House: HB 323. By Representatives Twiggs of the 8th and Dobbs of the 92nd: A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County. The following bills were introduced, read the first time and referred to committees: SB 312. By Senator Boshears of the 6th: A bill to amend Chapter 1 of Title 39 of the Official Code of Georgia Annotated, relating to minors in general, so as to provide that persons who operate comput er facilities which contain material which is harmful to minors shall take appro priate precautions not to violate the laws prohibiting electronic dissemination of such material to minors. Referred to Committee on Science, Technology and Industry. SB 313. By Senators Griffin of the 25th, Stokes of the 43rd, Brown of the 26th and Fort of the 39th: A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate training, so as to change the appointing au thority of magistrates to serve on the Magistrate Court Training Council; to pro vide for appointment by the President of the Magistrate Council. Referred to Committee on State and Local Governmental Operations (General). SB 314. By Senators Fort of the 39th, James of the 35th, Egan of the 40th and others: A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to revise the developmen tal highway system. Referred to Committee on Transportation. 534 JOURNAL OF THE SENATE SB 315. By Senators Stokes of the 43rd, Scott of the 36th, Thomas of the 10th and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to change the provisions relating to ap pointments and terms of members of the Board of Directors. Referred to Committee on State and Local Governmental Operations (General). SR 232. By Senators Oliver of the 42nd, Perdue of the 18th, Land of the 16th and Harbison of the 15th: A resolution creating the Joint Study Committee on the Prevention and Treat ment of Substance Abuse. Referred to Committee on Rules. SR 233. By Senators James of the 35th, Ralston of the 51st, Boshears of the 6th and Blitch of the 7th: A resolution creating the Senate Study Committee on the Presumption of Joint Legal and Physical Child Custody. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 255. By Representative Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant rela tionship, so as to provide for the effect of written real estate brokerage agree ments and the construction thereof; to provide for the nature and scope of writ ten brokerage agreements incorporated into leases. Referred to Judiciary Committee. HB 289. By Representative Twiggs of the 8th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff office's nomenclature or symbols; to provide a statement of public policy; to provide a short title. Referred to Public Safety Committee. HB 331. By Representative Lane of the 146th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit. Referred to Insurance and Labor Committee. MONDAY, FEBRUARY 24, 1997 535 HB 380. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement per sonnel may retire upon a normal service retirement with certain benefits. Referred to Retirement Committee. HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th: A bill to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint inter est in a vehicle with survivorship in two or more persons. Referred to Transportation Committee. HB 463. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and Hanner of the 159th: A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia, so as to provide that the board may invest in certain corporations. Referred to Retirement Committee. HB 508. By Representative Skipper of the 137th: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax. Referred to Finance and Public Utilities Committee. HB 617. By Representatives Epps of the 131st and Smith of the 102nd: A bill to create and establish the Meriwether County Airport Authority. Referred to State and Local Governmental Operations Committee. HB 639. By Representatives Day for the 153rd, Mueller of the 152nd, Thomas of the 148th and others: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. Referred to State and Local Governmental Operations Committee. HB 640. By Representatives Jackson of the 112th and Hudson of the 120th: A bill to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. Referred to State and Local Governmental Operations Committee. 536 JOURNAL OF THE SENATE HB 641. By Representatives Martin of the 145th and Lane of the 146th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. Referred to State and Local Governmental Operations Committee. HB 643. By Representative Tillman of the 173rd: A bill to amend an Act creating the Board of Commissioners of Mclntosh County and to amend an Act creating the Board of Education of Mclntosh County, so as to provide for new commissioner districts; to provide for new education districts. Referred to State and Local Governmental Operations Committee. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 285. Do pass. HB 582. Do pass. SB 294. Do pass. HB 591. Do pass. HB 575. Do pass. HB 598. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 140 SR 4 SR 50 SR 195 HB 238 SB 215 SR 17 SR 53 SR 202 HB 371 SB 219 SR 21 SR 89 SR 219 HB 388 SB 222 SR 23 SR 100 HB 94 HB 425 SB 245 SR 46 SR 111 HB 151 SB 254 SR 49 SR 151 HB 165 Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker MONDAY, FEBRUARY 24, 1997 537 Those not answering were Senators: Balfour Fort Perdue (presiding) Tanksley Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. The President assumed the Chair. Senator Boshears of the 6th introduced the chaplain of the day, Reverend James E. Boyd, of Baxley, Georgia, who offered scripture reading and prayer. The following communication was filed with the Secretary: The State Senate Atlanta, Georgia 30334 February 24, 1997 MEMO TO: Mr. Frank Eldridge Secretary of the Senate FROM: Senator Vincent D. Fort While Roll Call was being taken this morning, I was speaking with a constituent in the hall and inadvertently missed Roll Call. Senator Streat of the 19th introduced Mr. Joseph Mascolo, commended by SR 218, adopted previously, who addressed the Senate briefly. The following resolution was read and adopted: SR 231. By Senator Cheeks of the 23rd: A resolution recognizing and commending Jim Groome. Senator Middleton of the 50th introduced the doctor of the day, Dr. Allan Binkley, of Dahlonega, Georgia. Senator Thompson of the 33rd introduced Miss Cobb County, Candice Song Donehoo, commended by SR 184, adopted previously, who addressed the Senate briefly. The following resolution was read and adopted: SR 234. By Senators Thompson of the 33rd, Hooks of the 14th, and Perdue of the 18th: A resolution recognizing and commending the Department of Audits, its staff, and interns involved in Medicaid fraud control. Senator Thompson of the 33rd introduced Claude Vickers, State Auditor, commended by SR 234, who addressed the Senate briefly. Senator Stokes of the 43rd introduced Georgia PTA representatives, commended by SR 137, adopted previously. Senator Johnson of the 1st introduced Congressman Jack Kingston, who addressed the Senate briefly. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their adoption: SENATE LOCAL CONSENT CALENDAR Monday, February 24, 1997 TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) 538 JOURNAL OF THE SENATE SB 285 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Ray, 48th Price, 56th FULTON COUNTY Provides a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district. SB 294 Burton, 5th Balfour, 9th Tysinger, 41st Ray, 48th Price, 56th GWINNETT COUNTY Amends an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is dis abled and who meets certain conditions, terms, and requirements for such ex emption, so as to change the provisions relating to income requirements. HB 575 Hill, 4th TATTNALL COUNTY Provides for the nomination and election of the chief magistrate of the Magis trate's Court of Tattnall County in nonpartisan primaries and elections. HB 582 Hill, 4th TATTNALL COUNTY Provides for the nonpartisan nomination and election of the judge of the Probate Court of Tattnall County. HB 591 Huggins, 53rd TOWN OF TRION Amends an Act incorporating the Town of Trion, so as to reconstitute the mayor and town council of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. HB 598 Kemp, 3rd LIBERTY COUNTY Amends an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. MONDAY, FEBRUARY 24, 1997 539 On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Bowen Henson James Perdue Ragan Ralston Tanksley On the passage of the local bills, the yeas were 49, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. NOTICE OF MOTION TO RECONSIDER: SB 52 Alcoholic Beverage Advertisements - allow prices (Substitute) (C Aff--40th) SENATE RULES CALENDAR Monday, February 24, 1997 TWENTY-SECOND LEGISLATIVE DAY HB 424 Corporations processing credit card data; income apportionment (F&PU--16th) Buck--135th HB 70 Sales tax exemption; certain aircraft parts (F&PU--16th) Buck--135th SB 114 Misdemeanor, Felony Trials--peremptory challenges (Judy--29th) SB 242 Pardons and Paroles Board--electronic calling system to check felons, parolees (Corr--1st) SB 271 State Personnel Oversight Commission--create (SLGO--G--18th) SB 258 Inmate Convicted of Certain Misdemeanor While Confined--sentencing (Corr-- 31st) SB 282 RICO Act--clarify findings of General Assembly on criminal activity patterns (S Judy--37th) 540 JOURNAL OF THE SENATE SR 197 Wheat Karnal Bunt Fungal Disease--urge no planned use of quarantine (AG-- llth) SB 127 Handicapped--include protections for elderly (Substitute) (Judy--37th) SB 280 Insurance--relating to consent of contract, group life insurance (I&L--29th) SB 148 Employment Security Law--Labor Commissioner authority to estimate contri butions (I&L--29th) SR 209 Plastics Industry--commend (Nat R--7th) SB 59 State Employees--notice given before termination to downsize (Substitute) (I&L--25th) SB 231 Child Support--life insurance premium as part of support (Judy--51st) SB 206 Alcoholic Beverage Consumption, Those Under 21 Years of Age--increase pun ishment (Judy--29th) SB 250 Senate Apportionment--description of districts 48 and 56 (Substitute) (Reappor--56th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: HB 424. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions. Senate Sponsor: Senator Land of the 16th. MONDAY, FEBRUAEY 24, 1997 541 The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W. Suite 214 Atlanta, Georgia 30334-8400 February 11, 1997 The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 424 (Substitute) (LC 18 8057S) Dear Chairman Buck: This Bill would change the apportionment formula for allocating incomes of multistate corporations to Georgia for taxation. Corporations whose gross receipts are derived mainly from credit card data processing would be required to use a single-factor gross re ceipts formula instead of the current three-factor payroll, property, and double-weighted gross receipts formula. The new formula would apply to tax-years starting January 1, 1997 or thereafter. The corporations covered by the Bill would have more than 60 percent of their total gross receipts originating in the provision of credit card data processing and related serv ices to banks and other financial institutions. Presumably the 60 percent qualification would apply to the tax-year in which income is to be apportioned. The Bill does not say. In any case, covered corporations would multiply total net income by a "gross receipts ratio" to determine their Georgia incomes. The apportionment ratio would have in its denominator the total gross receipts of the corporation in all states. The numerator would be made up of the total gross receipts from the corporation's customers whose principal offices for their credit card operations or whose principal offices are in Georgia. Gross receipts from Georgia customers whose principal offices are out-of-state would not be included. Switching from the current three-factor to the Bill's one-factor formula would increase a covered corporation's Georgia income (and tax) if the gross receipts ratio were greater than one-half of the sum of its payroll and property ratios. For example, if a corporation had 30 percent of payroll and 30 percent of property within the state, its Georgia income would rise if Georgia receipts were more than 30 percent of total receipts. Since the Bill's gross receipts ratio could be considerably lower than the current gross receipts factor, de pending upon the location of principal offices, the Georgia income could be reduced under the new formula. On the one hand, the Bill favors corporations with payroll and property bases in Georgia; on the other, it favors corporations whose customers have principal offices out-of-state. The details regarding corporate credit data servicing needed to test the revenue impact of the Bill are not available. Even if the payroll, property, and gross receipts factors for covered corporations were known, the location of principal offices that governs the size of the new gross receipts ratio would not be. But, whether the Georgia incomes of the covered corporations go up or down, it is clear that under the Bill Georgia incomes would rise more 542 JOURNAL OF THE SENATE per new dollar of Georgia sales than they do currently. The incentive for multi-state corpo rations to expand in Georgia would tend to be weakened. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 1st Laniutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Blitch Brown of 26th Brush Cheeks Kemp Those not voting were Senators: Abernathy Fort Hill Johnson of 2nd On the passage of the bill, the yeas were 47, nays 5. The bill, having received the requisite constitutional majority, was passed. HB 70. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components. Senate Sponsor: Senator Land of the 16th. MONDAY, FEBRUAEY 24, 1997 543 The following Fiscal Note, as required by law, was read by the Secretary. DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W. Suite 214 Atlanta, Georgia 30334-8400 January 13, 1997 The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 132 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 70 (LC 18 7816) Dear Chairman Buck: This bill would amend Code Section 48-8-3 relating to sales and use tax exemptions for Georgia businesses engaged in the remanufacture for aircraft engines and engine parts. Presently, an exemption is provided for the purchase of machinery used directly in the remanufacturing process. This bill would extend that exemption to purchases of equip ment which is similarly used. The expanded exemption would become effective when the bill became law. The proposed exemption would have both negative and positive impacts on state reve nues. The negative impact would arise from the elimination of the equipment from the base of the sales and use tax and would depend upon the volume of equipment purchases undertaken. The positive impact would result from the increased activity and income which would be stimulated by the prospective reduction in the cost of an input into the remanufacturing process. To gauge the net impact, an analytical model would have to be developed and specified, not simply for the remanufacturing activity presently in place, but for aircraft engine remanufacturing as an industry in Georgia. Although the needed conceptual and empirical analysis appears manageable, a consid erable expenditure of effort and time would be involved in completing it. Consequently, the analysis has not been done. Several weeks of concentrated investigation would be required to provide a trustworthy estimate of the bill's full fiscal impact. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget 544 JOURNAL OF THE SENATE DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W, Suite 214 Atlanta, Georgia 30334-8400 February 7, 1997 The Honorable Terrell Starr State Senator State Capitol, Room 420-C Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 70 (Substitute) (LC 18 7871S) Dear Chairman Starr: This Bill would amend Code Section 48-8-3 relating to sales and use tax exemptions for Georgia businesses engaged in the remanut'acture of aircraft engines and engine parts. Presently, an exemption is provided for the purchases of machinery used directly in the remanufacturing process. The Bill would extend that exemption to purchases of equipment which is similarly used. The expanded exemption would become effective when the Bill became law. The proposed exemption would have both negative and positive impacts on state reve nues. The negative impact would arise from the elimination of the equipment from the base of the sales and use tax and would depend upon the volume of equipment purchases undertaken. The positive impact would result from the increased activity and income which would be stimulated by the prospective reduction in the cost of an input into the remanufacturing process. To gauge the net impact, an analytical model would have to be developed and specified, not simply for the remanufacturing activity presently in place, but for aircraft engine remanufacturing as an industry in Georgia. Although the needed conceptual and empirical analysis appears manageable, a consid erable expenditure of effort and time would be involved in completing it. Consequently, the analysis has not been done. Several weeks of concentrated investigation would be required to provide a trustworthy estimate of the Bill's future fiscal impact. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land MONDAY, FEBRUARY 24, 1997 545 Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort Ragan On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 114. By Senators Langford of the 29th, Middleton of the 50th, Kemp of the 3rd and others: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of peremptory challenges allowed the prosecuting attorney and the accused in misdemeanor trials; to change the size of the jury panel in felony cases; to change the number of peremptory chal lenges allowed the prosecuting attorney and the accused in felony trials; to pro vide for exceptions; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Blitch Brown of 26th Fort On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. 546 JOURNAL OF THE SENATE SB 242. By Senators Johnson of the 1st, Dean of the 31st, Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the State Board of Pardons and Paroles shall develop and implement a system wherehy any interested citi zen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony and who have been paroled. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Guhl. Not voting were Senators Brush and James. On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement bene fits shall be separated without the approval of the commission. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton MONDAY, FEBRUARY 24, 1997 547 Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Johnson of 1st. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. At 12:05 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. The President called the Senate to order at 1:35 P.M. The Calendar was resumed. SB 258. By Senators Dean of the 31st and Marable of the 52nd: A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correc tional institution to confinement under the jurisdiction of the Department of Corrections. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Brown of 26th Burton Cagle Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Kemp Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brush 548 JOURNAL OF THE SENATE Cheeks Fort Henson James Johnson of 2nd Johnson of 1st Lamutt Ralston Ray Streat Walker On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 282. By Senators Clay of the 37th, Ray of the 48th, and Egan of the 40th: A bill to amend Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to clarify the findings and intent of the General Assembly that the provisions of said Act apply to interrelated patterns of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury to others. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Brown of 26th Brush Burton Cagle Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Glanton. Those not voting were Senators: Abernathy Bowen Broun of 46th Cheeks Gochenour Henson James Johnson of 2nd Streat On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed. SR 197. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others: A resolution urging the Plant Protection and Quarantine section of the United States Department of Agriculture to eliminate the planned use of a quarantine in an attempt to control the fungal disease of wheat known as Karnal Bunt. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. MONDAY, FEBRUARY 24, 1997 549 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Bowen Broun of 46th Henson James Johnson of 2nd Streat Walker On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 127. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to include protections for elder persons as well as disabled adults; to define the term "elder person"; to add the term "elder person" in every place the term "disabled adult" is used. The Senate Judiciary Committee offered the following substitute to SB 127: A BILL To be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to include protections for elder persons as well as disabled adults; to define the term "elder person"; to add the term "elder person" in every place the term "disabled adult" is used; to change which persons must make certain reports; to change provisions relating to immunity; 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. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 5, relating to protection of disabled adults, and inserting in lieu thereof a new Chapter 5 to read as follows: "30-5-1. This chapter shall be known and may be cited as the 'Disabled Adults and Elder Persons Protection Act.' 550 JOURNAL OF THE SENATE 30-5-2. The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services to all disabled adults and elder persons in need of them. 30-5-3. As used in this chapter, the term: (1) 'Abuse' means the willful infliction of physical pain, physical injury, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (2) 'Caretaker' means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law. (3) 'Court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found. In any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (4) 'Department' means the Department of Human Resources. (5) 'Director' means the director of the county department of family and children services, or the director's designee, in the county in which the disabled adult or elder person resides or is present. (6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated. (7) 'Disabled adult in need of protective services' means a disabled adult who is subject to abuse, neglect, or exploitation as a result of that adult's mental or physical incapacity. (7.1) 'Elder person' means a person 60 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 3L (8) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that adult's person's consent. (9) 'Exploitation' means the illegal or improper use of a disabled adult or elder person or that adult's person's resources for another's profit or advantage. MONDAY, FEBRUARY 24, 1997 551 (10) 'Neglect' means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person. (11) 'Protective services' means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person. 30-5-4. v3,/(,J-/ AS USeCl in LillS ptii ti^l'S-^jll, Hie LtriH t;lClGi ^jci'SOil intcUiS SL JieFSOll ou you S OI ci^t or--uvei. Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, day-care personnel, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section. Any Except as provided in this paragraph, any employee of a financial institution, as denned in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-14, but only for such assets that the employee is holding or managing in a fiduciary capacity. When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this code section. (2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services may report such information to an adult protection agency providing protective services, as designated by the department or, in the absence of such agency, to an appropriate law enforcement authority or district attorney. If a report of disabled adult or elder person abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement authority or district attorney. (b) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. All such reports prepared by a law enforcement agency shall be forwarded to the director within 24 hours. (c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. Any financial institution, as defined in Code Section 7-1-4, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in hiss or her capacity as an employee, shall be immune from any civil or criminal liability on 552 JOURNAL OF THE SENATE account of such report or testimony or participation of its employee, unless such HnanciaTinstitution knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation, but also shall apply with relipect to the content of the information communicated in such acts'.------------ 30-5-5. (a) Any director receiving a report that a disabled adult or elder person is in need of protective services shall conduct or have conducted a prompt and thorough investigation to determine wither the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report. (b) Any person conducting an investigation required by this Code section who is unable to gain access to the disabled adult or elder person as a result of interference by another person may petition the court for an order authorizing the investigation and prohibiting interference therewith, which petition shall allege specific facts in support thereof. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds probable cause to believe that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is interfering with the conduct of an investigation required under this Code section, the court may issue an order authorizing that investigation and prohibiting interference therewith by any person. (c) If as a result of an investigation conducted under this chapter the director determines that a disabled adult or elder person is in need of protective services, the director shall immediately provide or arrange for protective services for any disabled adult or elder person who consents thereto. (d) Any person providing protective services as authorized by subsection (c) of this Code section who determines that another person is interfering with the provision of such services may petition the court for an order authorizing such services and prohibiting interference therewith. Such petition shall allege specific facts in support thereof, including, but not limited to, the results of any investigation required to be made under this chapter. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds by clear and convincing evidence that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is interfering with the provision of such services, the court may issue an order authorizing the provision of such services and prohibiting the interference therewith by any person. (e) Protective services may not be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing in this chapter shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult or elder person pursuant to Chapter 5 of Title 29. (f) A hearing on any petition filed under this Code section shall be held no sooner than five and no later than ten days after such petition is filed, unless a continuance is granted. At least three days prior to such hearing, notice thereof shall be served on the petitioner and notice and copy of the petition shall be served on the person alleged to be a disabled adult in need of protective services or an elder person needing protective services and on such person or persons named in the petition as interfering with the investigation or with the provision of protective services, as applicable. Notice shall be MONDAY, FEBRUARY 24, 1997 553 served either in person or by first-class mail. Any person willfully violating any order issued pursuant to this Code section shall be in contempt of the court issuing such order and may be punished accordingly by the judge of that court. (g) The expenses of the court and the hearing officer for any hearing conducted under this Code section shall be the same as those provided in Code Section 37-3-122 and shall be paid as provided therein. A disabled adult or elder person shall be deemed to be a patient under Code Section 37-3-122 only for purposes of determining hearing expenses thereunder. Nothing in this Code section shall authorize the payment of attorney's fees for any hearing conducted under this Code section. 30-5-6. (a) The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of his the director's duties under this chapter. (b) The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate. (c) The Board of Human Resources shall adopt regulations to ensure the effective implementation of this chapter. 30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. 30-5-8. (a)(l) It shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (b)(l) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor." SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis 554 JOURNAL OF THE SENATE Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Voting in the negative was Senator Egan. Those not voting were Senators: Abernathy James Johnson of 2nd Streat Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 280. by Senators Langford of the 29th, Dean of the 31st and Abernathy of the 38th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to insurance; to change certain provisions relating to consent of an insured to an insurance contract; to change certain provisions relating to required provisions in group life insurance policies; to define a certain term. Senator Langford of the 29th offered the following amendment: Amend SB 280 by striking line 16 of page 2 and inserting in lieu thereof the following: "surrendered, except that the amount of new life insurance may exceed the insurance being surrendered: (A) To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance to qualify as life insurance or to not be treated as a modified endowment contract for federal income tax purposes; or (B) To otherwise comply with applicable federal law; or". By striking line 37 of page 2 and inserting in lieu thereof the following: "surrendered, except that the amount of new life insurance may exceed the insurance being surrendered: (A) To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance to qualify a s life insurance or to not be treated as a modified endowment contract for federal income tax purposes; or (B) To otherwise comply with applicable federal law; or". By striking line 26 of page 3 and inserting in lieu thereof the following: "surrendered, except that the amount of new life insurance may exceed the insurance being surrendered: (i) To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance MONDAY, FEBRUARY 24, 1997 555 to qualify as life insurance or to not be treated as a modified endowment contract for federal income tax purposes; or (ii) To otherwise comply with applicable federal law; or". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Cheeks Harbison James Johnson of 2nd Price of 28th Streat On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 148. By Senator Langford of the 29th: 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 authority of the Commissioner of Labor to estimate contributions due from employers; to change a certain reference; to change the provisions relating to grounds for disqualification of benefits. Senator Langford of the 29th offered the following amendment: Amend SB 148 by adding in the title on line 3 of page 1 between the word "as" and the word "to" the following: "to change the provisions relating to the liability of succeeding employer and computa tion of rate of contributions;" By adding between lines 34 and 35 of page 1 the following: "amended by striking subsection (b) of Code Section 34-8-153, relating to the liability of succeeding employer and computation of rate of contributions, and inserting in lieu thereof a new subsection (b) to read as follows: '(b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in 556 JOURNAL OF THE SENATE which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisitions will be determined by the combined experience of the predecessor and successor as of the applicable com putation date; provided, however, the experience of the predecessor shall not be com bined with that of the successor for purposes of rate calculation if the predecessor's rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations unless this combination of experience re sults in a reduction of rates.' SECTION 1.5. Said chapter is further". 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 Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators Blitch and Thomas of 10th. Those not voting were Senators: James Johnson of 2nd Streat Walker On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. SR 209. By Senators Blitch of the 7th and Boshears of the 6th: A resolution recognizing and commending the plastics industry in Georgia, the American Plastics Council, the Society of the Plastics Industry, the Georgia Plastics Industry Council, and Image Industries. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. MONDAY, FEBRUARY 24, 1997 557 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Brush Egan James Johnson of 2nd Perdue Streat Tysinger On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 59. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to pro vide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force or other action; to pro vide that each affected employee must be given notice of his or her rights and options with respect to certain matters. The Senate Committee on Insurance and Labor offered the following substitute to SB 59: 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 state personnel administration in general, so as to provide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force; to provide that each affected employee must be given notice of his or her rights and options with respect to certain matters; to provide for the contents of such notice; to require certain notice to the President of the Senate and the Speaker of the House prior to such notice to employees; to provide for other related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, is amended by adding at its end a new Code Section 45-20-19 to read as follows: 558 JOURNAL OF THE SENATE "45-20-19. (a) This subsection shall apply whenever any department or agency proposes to eliminate one or more classified positions or terminate the employment of one or more classified employees through a reduction in force under state personnel board rules. No position elimination or employment termination subject to this subsection may become effective until at least 30 days after the affected employee has been notified in writing by the department or agency. Such notice must contain at a minimum: (1) A statement of the nature of the proposed action to be taken with respect to the affected employee; (2) An explanation of the rights of the affected employee with respect to the proposed reduction in force, including any right of appeal, or other opportunities with respect to possible continued employment, any opportunities to apply for employment with any public or private party assuming the functions of the employee, or any other similar opportunities; and (3) An explanation of the affected employee's rights and options with respect to his or her employment benefits, including but not limited to any right to continued participa tion in any retirement system or insurance plan. (b) This subsection shall apply whenever any department or agency proposes to eliminate 25 or more classified positions or terminate 25 or more classified employees through a reduction in force under state personnel board rules. At least 15 days prior to giving the employee notice required by subsection (a) of this Code section, the department or agency shall give written notice to the President of the Senate and the Speaker of the House of the proposed reduction in force. Such notice shall: (1) Identify the facilities and operations to be affected and the estimated number of employees to be affected; and (2) State the reasons for the proposed action. (c) Subsections (a) and (b) of this Code section shall not apply to a reduction in force which must become effective immediately because the department or agency has insuffi cient funds available to pay the salaries of the affected employees." 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 40, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins Kemp Lamutt Land Langford Madden MONDAY, FEBRUARY 24, 1997 559 Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Balfour Gochenour Those not voting were Senators: Broun of 46th Glanton James Johnson of 2nd Johnson of 1st Streat On the passage of the bill, the yeas were 48, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. SB 231. By Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th: A bill to amend Code Section 19-6-34 of the Official Code of Georgia Annotated, relating to inclusion of life insurance in orders of child support, so as to provide that the amount of life insurance premiums may be counted as a part of the support. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernath3' Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Clay James Johnson of 2nd Perdue Streat On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 560 JOURNAL OF THE SENATE SB 206. By Senator Langford of the 29th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing to, or possession by, persons under 21 years of age of alco holic beverages, so as to provide that the punishment for conviction of posses sion or consumption of alcoholic beverages by a person under 21 years shall be increased from 30 days to 12 months' maximum imprisonment. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Clay Crotts Dean Egan Port Gillis Glanton Gochenour Griffin Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Tanksley. Those not voting were Senators: Cheeks Harbison Henson James Johnson of 2nd Perdue Streat On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 250. By Senators Price of the 56th and Ray of the 48th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56. The Senate Reapportionment Committee offered the following substitute to SB 250: A BILL To be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56; to provide for an effective date; to repeal con flicting laws; and for other purposes. MONDAY, FEBRUARY 24, 1997 561 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of senatorial dis tricts 48 and 56 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of senatorial districts 48 and 56 attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: s48s56rev." 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. Operator: state_____________Client: senate_____________Plan: s48s56rev. District No. 48 FORSYTH Tract: 1303. Block:204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 299, 299 Tract: 1304 Block:112, 125A, 126, 132, 133A, 133B, 142A, 142B, 142C, 143A, 143B, 144, 145, 146, 147, 148, 149, 150A, 150B, 150C, 151A, 151B, 152A, 152B, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 199C, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 299 Block Group:3 Tract: 1305 Block:401, 402, 403, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 ,432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E Tract: 1306 FULTON Tract:0116.02 Block:304A, 304B, 304C, 304D, 401A, 401B, 4010D, 401E, 401F, 401J, 401K, 702, 901A, 901B, 901C, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917, 918A, 918E Tract:0116.03 Block Group:! Block:301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 399, 399 GWINNETT Tract:0501.01 Tract:0501.02 562 JOURNAL OF THE SENATE Tract:0502.02 Tract:0502.03 Block:101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 199 Block Group:2 Block:303A, 315, 316, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B, 328C, 329, 332A, 332B, 333A, 333B, 334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 399A, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0502.04 Tract:0505.02 BlocklOlA, 101B. 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 1.26, 127, 128, 129, 130, 131 Block:132, 133, 134C, 135, 136, 137, 138, 199 Tract:0505.03 Tract:0505.08 Block Group:2 Tract:0505.09 Tract:0506.01 Tract:0506.02 Tract:0507.04 Block: 140 Tract:0507.05 BlocklOl, 102A, 102B, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 160C, 161A, 161B, 199 Block Group:2 District No. 56 CHEROKEE Tract:0908. Block:123, 124, 125, 126, 127, 128, 199A Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block:601, 602, 603, 604, 610, 611, 701 Tract:0909.01 Tract:0909.02 FULTON Tract:0102.03 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 MONDAY, FEBRUARY 24, 1997 563 Tract:0102.04 Block Group:! Block Group:2 Tract:0114.03 Tract:0114.04 TractrO 114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group: 1 Block:201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A, 208B, 299, 301A, 302, 303, 304, 305, 306, 399A, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:8 Tract:0114.09 Block Group:! Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0115. Tract:0116.01 Tract:0116.02 Block:301, 302, 303, 401C, 401G, 401H, 402, 403, 404 Block Group:5 Block Group:6 Block:701, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B, 708C, 709A, 709B, 709C, 709D, 710, 902A, 902B, 903A, 903B, 904, 905, 918B, 918C, 918D Tract:0116.03 Block Group:2 Block:309, 310, 311 Block Group:8 Block Group:9 GWINNETT Tract:0502.03 Block:119, 301, 302A, 302B, 302C, 302D, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331, 399D Tract:0503.08 Block: 101, 403 Tract:0503.09 Tract:0503.10 Block:401, 402, 411A, 411B, 499B, 499C On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay 564 JOURNAL OF THE SENATE Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Johnson of 2nd Perdue Starr Streat 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 Walker of the 22nd moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 2:27 P.M., the President announced the Senate adjourned. TUESDAY, FEBRUARY 25, 1997 565 Senate Chamber, Atlanta, Georgia Tuesday, February 25, 1997 Twenty-third Legislative Day The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 430. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. HB 631. By Representative Smith of the 103rd: A bill to amend an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. HB 655. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitorgeneral of such court. HB 657. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies. HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to stag gered. HB 662. By Representatives Howard of the 118th, Alien of the 117th, DeLoach of the 119th and others: A bill to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to designate the name of the consolidated government as "Augusta, Georgia". 566 JOURNAL OF THE SENATE HB 675. By Representative McCall of the 90th: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners from concurrent to staggered terms. HB 676. By Representative Hanner of the 159th: A bill to create a board of elections and registration in Webster County. SB 170. By Senators Oliver of the 42nd and Stokes of the 43rd: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, as amended, so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and successors to such judge; to continue the ex isting terms of the present judges of said court. HB 460. By Representatives Lane of the 146th, Golden of the 177th, Mann of the 5th 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 provisions relat ing to the State-wide Reserve Ratio. HB 251. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the cause of action accrues; to provide that the cause of action accrues when the trespass or damage to realty occurs or when it is discov ered or should have been discovered. HB 499. By Representatives Hanner of the 159th, Coleman of the 142nd, Parrish of the 144th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates, to provide for issuance of special license plates honoring and supporting disabled athletes. HB 228. By Representative Lane of the 146th: A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, so as to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which pur pose becomes economically infeasible. HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority. TUESDAY, FEBRUARY 25, 1997 567 HB 423. By Representatives Hecht of the 97th, Lee of the 94th, Skipper of the 137th and others: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shop lifting so that the fourth or subsequent conviction for shoplifting shall be a felo ny. HB 524. By Representatives Martin of the 47th, Walker of the 141st and Alien of the 117th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform information system for real property records. HB 431. By Representatives Byrd of the 170th and Powell of the 23rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide that an application for a re volving account shall require certain additional information; to provide condi tions under which a revolving account shall be presumed to be signed or accept ed by the buyer. HB 284. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitations; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotat ed, relating to dormancy and revival ofjudgments, so as to exclude judgments or orders for child support or spousal support. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 142. By Representatives Bates of the 179th and Ponder of the 160th: A resolution authorizing the conveyance of certain state owned real property located in Decatur County. HR 289. By Representative Parham of the 122nd: A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville, Georgia, as the William Crittenden Building. The following bills were introduced, read the first time and referred to committees: SB 316. By Senators Langford of the 29th, Price of the 28th and Madden of the 47th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the provisions relating to the offense of concealing the death of another person; to provide that a person who, by concealing the death of any other person, hinders a discovery of such death shall be guilty of a felony; to provide penalties. Referred to Committee on Special Judiciary. 568 JOURNAL OF THE SENATE SB 317. By Senators Ralston of the 51st, Thomas of the 54th and Boshears of the 6th: A bill to amend Code Section 49-2-6 of the Official Code of Georgia Annotated, relating to the duties and powers of the Department of Human Resources, so as to provide that the boundaries of all planning and service areas designated by the department shall be as defined on July 1, 1996. Referred to Committee on Health and Human Services. SB 318. By Senator Thomas of the 10th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private per sons for the operation and maintenance of its water system or sewer system or both. Referred to Committee on State and Local Governmental Operations (General). SB 319. By Senators Langford of the 29th, Scott of the 36th, Dean of the 31st and others: A bill to amend Article 7 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Commission on the Condemnation of Public Property, so as to provide for the declaration of water quality emergencies; to define certain terms; to provide for the appointment of an interim water quality manager to assume control of certain sewer systems. Referred to Committee on State and Local Governmental Operations (General). SB 320. By Senators Clay of the 37th and Thompson of the 33rd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change certain provisions relating to provisions in individual and group accident and sickness policies for termination of coverage of surviving spouse or as a result of break in marital relationship and issuance of policies to spouses. Referred to Committee on Insurance and Labor. SB 321. By Senators James of the 35th and Brown of the 26th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a habitual violator who is thereafter convicted of violating Code Section 40-6-391 shall be punished by a fine of not less than $1,000.00 or by imprisonment for not less than one year nor more than ten years, or both; to provide that such person shall serve at least 50 percent of any sentence imposed before being eligible for parole. Referred to Committee on Judiciary. SB 322. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund; to define certain terms; to provide for a board of trustees; to provide for powers and duties of the board; to provide for the administration of the fund; to provide for membership in the fund; to provide for employer contributions; to provide for service creditable toward retirement. Referred to Committee on Retirement. TUESDAY, FEBRUARY 25, 1997 569 SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor. Referred to Committee on Transportation. The following bills were read the first time and referred to committees: HB 228. By Representative Lane of the 146th: A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, so as to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which pur pose becomes economically infeasible. Referred to Finance and Public Utilities Committee. HB 251. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the cause of action accrues; to provide that the cause of action occurs when the trespass or damage to realty occurs or when it is discov ered or should have been discovered. Referred to Special Judiciary Committee. HB 284. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotat ed, relating to dormancy and revival ofjudgments, so as to exclude judgments or orders for child support or spousal support. Referred to Judiciary Committee. HB 423. By Representatives Hecht of the 97th, Lee of the 94th, Skipper of the 137th and Smith of the 109th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shop lifting so that the fourth or subsequent conviction for shoplifting shall be a felo ny. Referred to Special Judiciary Committee. HB 431. By Representatives Byrd of the 170th and Powell of the 23rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide that an application for a re volving account shall require certain additional information; to provide condi tions under which a revolving account shall be presumed to be signed or accept ed by the buyer. Referred to Science, Technology, and Industry Committee. 570 JOURNAL OF THE SENATE HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority. Referred to Health and Human Services Committee. HB 460. By Representatives Lane of the 146th and Golden of the 177th: 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 State-wide Reserve Ratio. Referred to Insurance and Labor Committee. HB 499. By Representatives Hanner of the 159th, Coleman of the 142nd, Parrish of the 144th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates, to provide for issuance of special license plates honoring and supporting disabled athletes. Referred to Transportation Committee. HB 524. By Representatives Martin of the 47th, Walker of the 141st and Alien of the 117th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform information system for real property records. Referred to Special Judiciary Committee. HR 142. By Representatives Bates of the 179th and Ponder of the 160th: A resolution authorizing the conveyance of certain state owned real property located in Decatur County. Referred to Finance and Public Utilities Committee. HR 289. By Representative Parham of the 122nd: A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville, Georgia, as the William Crittenden Building. Referred to State and Local Governmental Operations (General) Committee. HB 430. By Representatives Sauder of the 29th, Wiles of the 34th, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. Referred to State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 25, 1997 571 HB 631. By Representative Smith of the 103rd: A bill to amend an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. Referred to State and Local Governmental Operations Committee. HB 655. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitorgeneral of such court. Referred to State and Local Governmental Operations Committee. HB 657. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies. Referred to State and Local Governmental Operations Committee. HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to stag gered. Referred to State and Local Governmental Operations Committee. HB 662. By Representatives Howard of the 118th, Alien of the 117th, DeLoach of the 119th and others: A bill to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to designate the name of the consolidated government as "Augusta, Georgia". Referred to State and Local Governmental Operations Committee. HB 675. By Representative McCall of the 90th: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners from concurrent to staggered terms. Referred to State and Local Governmental Operations Committee. HB 676. By Representative Hanner of the 159th: A bill to create a board of elections and registration in Webster County. Referred to State and Local Governmental Operations Committee. 572 JOURNAL OF THE SENATE The following committee reports were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 214. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills and reso lution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HB 206. Do pass. SB 77. Do pass. SR 73. Do pass. SB 213. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 266. 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 bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 187. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 273. Do pass. SB 303. Do pass. SB 284. Do pass. HB 308. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman TUESDAY, FEBRUARY 25, 1997 573 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 578. Do pass. HB 608. Do pass. HB 601. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Senator Land of the 16th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Crotts was excused. Senator Dean of the 31st moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Thompson was excused. The President called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Crotts (excused) Egan Johnson of 2nd Starr Taylor Thompson (excused) The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Brush of the 24th moved that Senator Balfour of the 9th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Balfour was excused. Senator Broun of the 46th introduced the chaplain of the day, Reverend Dan Maxey, pastor of Winterville Methodist Church, Winterville, Georgia, who offered scripture read ing and prayer. Senator Cagle of the 49th introduced Congressman Nathan Deal, who addressed the Senate briefly. The following resolutions were read and adopted: SR 235. By Senator Brown of the 26th: A resolution recognizing and celebrating the 125th anniversary of the Greater Antioch Baptist Church. 574 JOURNAL OF THE SENATE SR 237. By Senator Thomas of the 10th: A resolution commending the Georgia Chapter of the Arthritis Foundation and designating March 4, 1997, as "Arthritis Awareness Day". 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 Tuesday, February 25, 1997 TWENTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 578 Bowen, 13th DOOLY COUNTY Amends an Act entitled "An Act to abolish the offices of tax receiver in the County of Dooly," so as to change the salary of the tax commissioner. HB 601 Bowen, 13th WILCOX COUNTY Amends an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relating to the compensation of the commissioners. HB 608 Gillis, 20th EMANUEL COUNTY Amends an Act creating a board of commissioners of Emanuel County, so as to change the provisions relating to vacancies. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Dean Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Hugging Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Balfour (excused) Brush Clay Crotts (excused) Egan Gochenour Henson James Johnson of 2nd TUESDAY, FEBRUARY 25, 1997 575 Johnson of 1st Oliver Thompson (excused) Walker On the passage of the local bills, the yeas were 43, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Tuesday, February 25, 1997 TWENTY-THIRD LEGISLATIVE DAY SB 245 Health Insurance--change provisions regarding mental disorders (Substitute) (H&HS--43rd) SB 254 Patient Access to Primary Eye Care Act--provide (Substitute) (H&HS--22nd) SB 215 Natural Gas Competition and Deregulation Act--enact (Substitute) (F&PU-- 18th) SB 70 Charter Schools Act of 1997--enact (Substitute) (Ed--16th) SB 265 Decedent Dying Intestate--relating to spouse's inheritance (S Judy--40th) SB 247 Certain Retired Peace Officers--no fee for license to carry weapon (Pub Saf-- 13th) SB 230 Property--rebuttable presumption of certain land in child's possession (Judy-- 51st) SB 165 On-Site Sewage Management Systems--Department of Human Resources adopt state-wide regulations (Substitute) (H&HS--llth) SB 228 Physical Therapy Act--definitions, board, licensing (C Aff--10th) SB 219 Hospitals--staff psychologist appointment, powers, privileges (H&HS--40th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 245. By Senators Stokes of the 43rd and Walker of the 22nd: 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 change certain provisions relating to coverage of treatment of mental disorders. The Senate Health and Human Services Committee offered the following substitute to SB 245: 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 change cer tain provisions relating to coverage of treatment of mental disorders; to provide for an effec tive date and applicability; to repeal conflicting laws; and for other purposes. 576 JOURNAL OF THE SENATE 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 general provisions regarding insurance, is amended by striking Code Section 33-24-28.1, relating to coverage of treatment of mental disorders, and inserting in its place the following: "33-24-28.1. (a) As used in this Code section, the term: (1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual cn;tiut;iiL and siukiitiBS in&iil'tiliCe puliu_y ui uuuliai;t, ds ueliiit;u ill CJliei^jLci sy ul Lliib titlt:, fB) (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; f) (B) A group contract of the type issued by a nonprofit hospital service corporation~established under Chapter 19 of this title; (B) (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; ffi) (D) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (F-) (E) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (r) (F) Any similar accident and sickness benefit plan, policy, or contract. Accident and sickness insurance benefit plan, policy, or contract does not include an individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title. (2) 'Financial requirement' means copayments, deductibles, out-of-pocket contributions or fees, our of network charges, annual limits, and lifetime aggregate limits imposed on covered individuals. (2) (3) 'Mental disorder' shall have the same meaning as defined by The Diagnostic and~5tatistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Disease (World Health Organization) as of January 1, iffift 1994, except for substance abuse which is excluded unless its occurrence coin cides with another diagnosable serious emotional disturbance, or as the Commissioner may further define such term by rule and regulation. (4) 'Treatment limits' means limits on the number of outpatient visits, inpatient hospi tal days, or other benefits covered by an accident and sickness insurance benefit plan, policy, or contract. (b) Eveiy An insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall not, as part of any such plan, policy, or contract providing major medical coverage: be lequiied tu make available, eithei a& a pail uf ui ab an op= tional euduisemnnL tu ~all such policies yiuvidiug majui medical iiibuiance coverage which aiu issued, delivered, issued fui dbliveiy, or leiitiwed uu ui after July 1, 1904, cuv- ci age iui tilt; Liealiiieiil ul liieiilill disui uei B, wluuli uuveiage liall Lie al lecit ao CAlciiBivc cind jjiuvitle aL least tilt; ScUlit: llt?git;c ul uuvciclgt; <1S Llidl ^jiuviLltnl \jy tilt; lCB|jcOLlVe ^jlaii, Jiuliuy, ui CtlmLicicL lui Llie LicciLiiidiL ul uLlici t^^co ul Jjli^sical illiicoDco. LJLLU!I ail u^jtiuucil eiiduisummit shall also piuvidu that Hie (1) Impose treatment limits or financial requirements on treatments for mental disor ders if similar limitations or requirements are not imposed on coverage for other medi cal illnesses; or TUESDAY, FEBRUAKY 25, 1997 577 (2) Issue plans, policies, or contracts that contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the Treatment of mental disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract (c) The coverage required to be made available pursuant to subsection (b) of this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. In no evcuL slicill suuii ttji iiiftUid uy iL^uiitu Lu covOi1 ni|jtitit;iiL lietilint^iil lui mure limn a. niiXiiiiLiiii ul oU Liciys pt;t pOiic^y _yt;eii ui 1 uut^jiLit;iiL Li'eatiiient iui mui t tliciii a liitiAiuiulii ul 'il-S Visits Ud JJUiiUy ytftll UlllitJI iiiQl V iLlLlill JjOliCitIS UI Lu CUVUi' iii|j(l LiKl 1 1 tl CtttllltiiL lui1 mule than a maximum of GO days pei policy yeai ui outpatient liealment for muie than a iiiciXliiium ui tjO Visits yci pulicy yt;tti uiiut:i giuup puliTTiuS. Vw 1 lie u|jLiuiicil tiiuui stJiiiciiLS it?mjiit:ul Lu ut? intuit; itvtiilctljlt; uuLiti1 BLiusectiun (u) ul LliiS Cude section shall nut contain any exclusions, i eductions, 01 olhei liiiiitations as iu buver- agcb, utiuUCliljlcft, ui tuuiriui anct: piuvjsiun& wliiCli apply Lu Hit; LieciLint:iit ui iiit;nlal uinui ilei & uiilc&s suuli |ji uvioiuno cippl_y gemji til [y Lu uLlicj sniiiitii ut_;lit;lii'S jjiuviiltQ ui |jciiu lui umlt; i llic tiuCiitt;iil IXLIL! snjlviiefts insui ctnCc ucnt;llt plttn, puliuy, ui uuiiLi'tujL. (d) Nothing in this Code section shall be construed Ui piohibil as: (1) Prohibiting an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance ben efit plan, policy, or contract from issuing or continuing to issue an accident and sick ness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are gener ally more favorable to the insured tha.n those required to be made available under this Code section:; (2) Requiring parity of coverage between treatment for mental disorders and preven tive care; or (3) Including a medicare or Medicaid policy or contract or any privatized risk or demon stration program for Medicaid or medicare coverage. (e) 1 lie i enun'tiiiituits ul Lln& Cuut: seutiuu willi i Kttpeut tu a giuujj ui blanket auuiutuil ttud siujvuess lllft Lli amjc Ijditjlit ^jlilll, pulii;_y , ui Cunti ctul sllcill \jc sciLioliuLl il tl].t; uuvciagt; &^jt;uilicil in BUU&KCLiuns \u/ cllltl (u,) ul tills LJuLlc &c^liuii iS nienjt: civ ctllttult; lu tlit; iiitisttJl ^uliu_yliuluei ul sucli ^jlctii, |juliL.y, ul cunliauL. INutliilig ill Llns vJuitc Seutiuli slicill ut; uunoli ucu lu thu gjoup insurei, nojipiufit coiporaUon, health caie plan, health maintenance S.tiOil, Oi' iUHStKi policyllulclor tO pruviut; Oi' to iiliiR.T5 JiVclilttLjIt SLXClJ COVt;iviig^ tu tiiiy OT Ol3riK.t;t pi till, jjOIICy, Or Cullt t'clCl. (0 Nothing iii this Code section shall bu uuiibli u.eJ tu piuliibil Hie iiiclusioit of cuveiage iur tll6 tl'fecttJlieiiL ui niuiit&l CilSO^dtJi'S LliciL U-iltOrS TFOiH tlit; COvui'tigfc? prOVlCl6Q "tfi tlie stiiilt; iiis uilfciiict! pl&ll, pOliC_y , Or COli.tt"tiCt 101' pljy S1CHI lllllGSS&S IT till;; pOilCyiiOiClfcir CiO&S nut puiihasu thu uptiunal coveiage made available puibiiant tu this Code section. The Com missioner shall promulgate regulations to ensure compliance with the requirements of this Code section." SECTION 2. This Act shall become effective on July 1, 1997, and shall apply to plans, policies, or con tracts issued, delivered, issued for delivery, or renewed in this state on or after that date and to plans, policies, or contracts then in effect on the first anniversary date occurring on or after July 1, 1997. 578 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Blitch of the 7th offered the following amendment: Amend the committee substitute to SB 245 by adding on page 2, line 29 after the word "not", the following: "except where a policy holder can show undue hardship," On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Johnson of 1st Kemp Lam utt Langford Marable Perdue Price of 28th Ralston Roberts Streat Tanksley Taylor Turner Tysinger Those voting in the negative were Senators: Brown of 26th Fort Griffin Harbison James Land Madden Middleton Price of 56th Ragan Ray Scott Starr Stokes Thomas of 54th Thomas of 10th Walker Those not voting were Senators: Abernathy Balfour (excused) Johnson of 2nd Oliver Thompson (excused) On the adoption of the amendment, the yeas were 34, nays 17, and the Blitch amend ment to the committee substitute was adopted. Senators Lamutt of the 21st and Clay of the 37th offered the following amendment: Amend the committee substitute to SB 245 as follows: Renumber Sections 2 and 3 to 3 and 4 Insert a new Section 2 to read: This bill shall not apply to any business that employs under 50 persons. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks TUESDAY, FEBRUARY 25, 1997 579 Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Turner Tysinger Those voting in the negative were Senators: Brown of 26th Fort James Oliver Price of 56th Scott Stokes Thomas of 54th Thomas of 10th Walker Those not voting were Senators: Abernathy Balfour (excused) Johnson of 2nd Thompson (excused) On the adoption of the amendment, the yeas were 42, nays 10; and the Lamutt, Clay amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 50, 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ray Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Walker Those voting in the negative were Senators: Brush Burton Cagle Cheeks Clay Crotts Glanton Gochenour Guhl Huggins Johnson of 1st Land Langford Price of 28th Ralston Roberts Streat Turner Tysinger Those not voting were Senators Balfour (excused) and Thompson (excused). On the passage of the bill, the yeas were 35, nays 19. The bill, having received the requisite constitutional majority, was passed by substitute. 580 JOURNAL OF THE SENATE SB 254. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for certain duties of health care insurers when primary eye care benefits are included in a health benefit plan; to provide civil relief and remedies for certain violations; to define certain terms; to provide a short title. The Senate Health and Human Services Committee offered the following substitute to SB 254: A BILL To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for certain duties of health care insurers when eye care benefits are included in a health benefit plan; to provide a short title; to provide civil relief and remedies for certain violations; to define certain terms; 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 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provi sions regarding health, is amended by designating Code Sections 31-1-1 through 31-1-8 as Article 1. SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (e) of Code Section 31-1-3.1, relating to reports of disabled nowborns, and inserting in its place the following: "(1) Maintain records of reports, notifications, and referrals made under this chapter ar ticle: and" SECTION^!. Said chapier is further amended by adding at the end a new article to read as follows: "ARTICLE 2 31-1-20. This article shall be known and may be cited as the 'Patient Access to Eye Care Act.' 31-1-21. As used in this article, the term: (11 'Covered person' means an individual enrolled in a health benefit plan or an eligible dependent thereof. (2) 'Covered services' means those health care services which a health care insurer is obligated to pay for or provide to a covered person under a health benefit plan. (3) 'Eye care' shall mean those health care sendees and materials related to the care of the eye and related structures and vision care services which a health care insurer is obligated to pay for or provide to covered persons under the health benefit plan. (4) 'Health benefit plan' means any public or private health plan, program, policy, or agreement implemented in this state which provides health benefits to covered per sons, including but not limited to payment and reimbursement for health care services. (5) 'Health care insurer' means an entity, including but not limited to insurance com panies, hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, health maintenance organizations, and preferred provider TUESDAY, FEBRUARY 25, 1997 581 organizations, authorized by the state to offer or provide health benefit plans, pro grams, policies, subscriber contracts, or any other agreement of a similar nature which compensate or indemnify health care providers for furnishing health care services. 31-1-22. (a) A health care insurer providing a health benefit plan which includes eye care benefits shall: (1) Not preclude a covered person who seeks eye care from obtaining such service di rectly from a provider on the health benefit plan provider panel who is licensed to provide eye care; (2) Not set professional fees or reimbursement for the same eye care services as defined by established CPT codes in a manner that discriminates against an individual eye care provider or a class of eye care providers; (3) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service; (4) Ensure that all eye care providers on a health benefit plan provider panel are in cluded on any publicly accessible list of participating providers for the plan; (5) Allow each eye care provider on a health benefit plan provider panel, without dis crimination between classes of eye care providers, to furnish covered eye care services to covered persons to the extent permitted by such provider's licensure; (6) Not require any eye care provider to hold hospital privileges or impose any other condition or restriction for initial admittance to a provider panel not necessary for the delivery of eye care upon such providers which would have the effect of excluding an individual eye care provider or class of eye care providers from participation on the health benefit plan; and (7) Include optometrists and ophthalmologists on the health benefit plan provider panel in a manner that ensures plan enrollees timely access and geographic access as defined by NCQA. (b) Nothing in this Code section shall preclude a covered person from receiving eye care or other covered services from the covered person's personal physician in accordance with the terms of the health benefit plan. (c) A person adversely affected by a violation of this Code section by a health care insurer may bring an action in a court of competent jurisdiction for injunctive relief against such insurer and, upon prevailing, in addition to any injunctive relief that may be granted, shall recover from such insurer damages of not more than $100.00 and attorney's fees and costs. (d) Nothing in this Code section requires a health benefit plan to include eye care benefits." SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 582 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Dean Gillis Griffin Henson Hill Hooks Huggins James Johnson of 2nd Kemp Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Turner Walker Those voting in the negative were Senators: Cheeks Clay Crotts Egan Glanton Gochenour Guhl Harbison Johnson of 1st Lamutt Land Langford Price of 28th Roberts Taylor Tysinger Those not voting were Senators: Balfour (excused) Fort Tanksley Thompson (excused) On the passage of the bill, the yeas were 36, nays 16. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th introduced representatives of the Georgia Peach Festival, commended by SR 222, adopted previously. Senator Ralston of the 51st introduced representatives of the Ellijay Apple Marketing Association, commended by SR 141, adopted previously. Senator Johnson of the 2nd introduced the doctor of the day, Dr. Michael Zoller, of Savannah, Georgia. Senator Starr of the 44th assumed the Chair. The Calendar was resumed. SB 215. By Senators Perdue of the 18th, Oliver of the 42nd, Starr of the 44th and others: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of "gas company"; to provide for a method of establishing just and reasonable rates for gas companies through an alternative form of regulation; to provide for the allo cation of certain revenues; to enact the "Natural Gas Competition and Deregula tion Act"; to provide a short title; to provide for legislative findings and intent. The Senate Finance and Public Utilities Committee offered the following substitute to SB 215: A BILL To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of "gas com pany"; to provide for a method of establishing just and reasonable rates for gas companies TUESDAY, FEBRUARY 25, 1997 583 through an alternative form of regulation; to provide for the allocation of certain revenues; to provide for discovery in certain cases before the Public Service Commission; to enact the "Natural Gas Competition and Deregulation Act"; to provide a short title; to provide for legislative findings and intent; to define certain terms; to provide for the certification of sellers of certain natural gas services; to provide a mechanism by which a gas company may elect to be governed by the provisions of the "Natural Gas Competition and Deregula tion Act"; to establish certain rate-making requirements for a gas company which makes such an election; to provide for continued rate and other regulation of firm distribution service offered by an electing distribution company; to provide for deregulation of certain natural gas services upon certain findings by the Public Service Commission; to provide for the issuance of temporary emergency directives under certain circumstances; to establish certain obligations of an electing distribution company; to establish standards of conduct for an electing distribution company; to provide for regulation by the Public Service Com mission of sellers of certain natural gas services and for the application of certain laws to such sellers; to provide for the creation, funding, and administration of a universal service fund for each electing distribution company; to provide for the effect of the "Natural Gas Competition and Deregulation Act" on certain powers of the Public Service Commission, certain powers of political subdivisions of this state, and certain contracts; to provide for reports to the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by inserting following paragraph (6) of Code Section 46-1-1, relating to definitions, the following new paragraph, to be designated paragraph (6.1), to read as follows: "(6.1) 'Gas company' means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas." SECTION 2. Said title is further amended in Article 2 of Chapter 2, relating to the jurisdiction, powers, and duties of the Public Service Commission, by inserting the following new Code section, to be designated Code Section 46-2-23.1, to read as follows: "46-2-23.1. (a) As used in this Code section, the term 'alternative form of regulation' means a method of establishing just and reasonable rates and charges for a gas company other than through methods based strictly upon cost of service, rate base, and rate of return. The term alternative form of regulation includes without limitation performance based rate making, earnings sharing, price caps, price-indexing formulas, ranges of authorized rates of return, and the reduction or suspension of regulatory requirements. (b) A gas company may from time to time file an application with the commission to have its rates, charges, classifications, and services regulated under an alternative form of regulation. Within ten days of the filing, the gas company shall publish a notice gener ally describing the application in a newspaper or newspapers with general circulation in its service territory. (c) After notice and hearing the commission may approve the plan, or approve it with modification, if the commission determines that the application is in the public interest and will produce just and reasonable rates, after taking into consideration the extent to which the application: (1) Is designed to and is likely to produce lower prices for consumers of natural gas in Georgia; 584 JOURNAL OF THE SENATE (2) Will provide incentives for the gas company to lower its costs and rates; (3) Will provide incentives to improve the efficiency and productivity of the gas company; (4) Will foster the long-term provision of natural gas service in a manner that will improve the quality and choices of service; (5) Is consistent with maintenance and enhancement of safe, adequate, and reliable service and will maintain or improve preexisting service quality and consumer protec tion safeguards; (6) Will not result in cross-subsidization among or between groups of gas company customers; (7) Will not result in cross-subsidization among or between the portion of the gas com pany's business or operations subject to the alternative form of regulation and any unregulated portion of the business or operations of the gas company or of any of its affiliates; (8) Will reduce regulatory delay and cost; and (9) Will tend to enhance economic activity in the affected service territory. (d) Performance based regulation adopted by the commission as an alternative form of regulation shall provide for the following: (1) Equal and symmetric opportunities to earn above and below the performance standard; (2) Performance incentives based upon conditions within the control of the manage ment of the gas company; and (3) Adjustments from time to time for the net effect of changes in tax rates, other costs imposed by law, and the cost of capital. (e) Where an application for an alternative form of regulation has been filed by a gas company and the commission determines that the proposal does not satisfy the require ments of this Code section, it may either reject the proposal or issue an order approving an alternative with such modifications as the commission deems necessary to satisfy the requirements of this Code section. The commission shall determine and prescribe in any such order establishing rates and charges the revenue requirements of the gas company filing the application. (f) An order adopting an alternative form of regulation may include: (1) Terms and conditions for establishing new services, withdrawing services, price changes to services, and services by contract to individual customers; (2) Terms and conditions necessary to achieve the objectives contained in subsection (c) of this Code section; (3) General or specific authorization for changes in rates, charges, classifications, or services such that the provisions of subsection (a) of Code Section 46-2-25 do not re quire 30 days' notice and commission approval before such change or changes may go into effect; and (4) Other rates, terms, and conditions that are consistent with the objectives and re quirements of subsection (c) of this Code section. (g) Except as otherwise provided in this Code section, the provisions of this title relating to the rates, charges, and terms of service of a gas company shall apply to rates, charges, and terms of service established pursuant to this Code section. (h) Any special or negotiated contract between a gas company and a retail customer ap proved by the commission shall not be invalidated or modified by the provisions of this Code section. (i) Neither the provisions of this Code section nor the provisions of Article 5 of Chapter 4 of this title shall prohibit a gas company from releasing interstate pipeline capacity TUESDAY, FEBRUARY 25, 1997 585 available to it from time to time and not required to serve the requirements of its retail customers and marketers and from making sales of gas with or without interstate trans portation capacity to municipal corporations, other local gas distribution companies, or marketers and end users connected to an interstate pipeline company or connected to another local distribution company; provided, however, that where net benefits to the firm retail customers who are receiving commodity sales service from the gas company accrue: (1) Twenty percent of the revenues from the release of interstate pipeline capacity for the purposes of transporting gas to end users in Georgia shall be allocated to the gas company, and the remaining 80 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm customers; (2) Ten percent of the revenues from the release of interstate pipeline capacity for the purpose of transporting gas to end users outside of Georgia shall be allocated to the gas company, and the remaining 90 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm customers; (3) Fifty percent of the net margin from the sale of gas, with or without interstate capacity, to municipal corporations, other local gas distribution companies, or market ers and end users connected to an interstate pipeline company or connected to another local distribution company shall be allocated to the gas company, and the remaining 50 percent of such net margins shall be credited to the costs of gas sold by the gas com pany to firm customers; provided, however, that if as a result of such sale, the then existing natural gas requirements of retail customers in Georgia cannot be supplied physically, all of such net margin shall be credited to the costs of gas. The net margin shall be calculated by subtracting all variable costs associated with the transaction from the revenues generated by the transaction. The costs recovered by the gas com pany through such transactions shall be credited to the gas costs payable by retail customers of the gas company; and (4) In the event that a universal service fund is created by the commission pursuant to the provisions of Code Section 46-4-161, the shares that are to be credited to the costs of gas sold to firm customers under paragraphs (1), (2), and (3) of this subsection shall be allocated to such fund, and the costs recovered through a transaction described in paragraph (3) of this subsection shall be allocated to a gas company which is an elect ing distribution company, as defined in paragraph (10) of Code Section 46-4-152. (j) Each gas company which engages in a transaction of a type described in subsection (i) of this Code section, which results in the allocation to the gas company of a share of the revenues or net margin therefrom, shall make a report to the commission annually describing each such transaction and explaining the benefits resulting to firm customers from each such transaction. Such report shall be served on the consumer's utility counsel division of the Governor's Office of Consumer Affairs." SECTION 3. Said title is further amended in Article 3 of Chapter 2, relating to investigations and hear ings before the Public Service Commission, by striking in their entirety subsections (a) and (b) of Code Section 46-2-57, relating to obtaining of discovery, and inserting in lieu thereof the following new subsections (a) and (b) to read as follows: "(a) In any case pending before it, the commission, in addition to its now existing author ity to do so, is authorized to issue an order permitting its employees and agents to take depositions and otherwise obtain discovery of any matter, not privileged, which is rele vant to the subject matter involved in the investigation, proceeding, or petition before the commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil actions. In any case involving an application of a gas company to establish just and rea sonable rates pursuant to Code Section 46-2-23.1 or 46-4-154, intervenors who are 586 JOURNAL OF THE SENATE granted party status pursuant to Code Section 46-2-59, as well as the gas company sub ject to the particular proceeding, shall have all discovery rights available under Chapter 11 of Title'9: (b) The commission, as well as its agents and employees as directed by the commission, and intervenors and gas companies which are granted discovery rights under subsection (a) of this Code sectiony-re are authorized to petition the Superior Court of Fulton County for all orders, injunctions, and subpoenas necessary to carry out the provisions of this Code section which would otherwise be authorized or necessary under Chapter 11 of Title 9; and the judges and clerks of the court are authorized to issue all such orders, injunc tions, and subpoenas and to take all other actions necessary to carry out this Code sec tion which would otherwise be authorized or necessary under Chapter 11 of Title 9." SECTION 4. Said title is further amended in Chapter 4, relating to the distribution, storage, and sale of gas, by adding following Article 4 a new Article 5 to read as follows: "ARTICLE 5 46-4-150. This article shall be known and may be cited as the 'Natural Gas Competition and Dereg ulation Act.' 46-4-151. (a) The General Assembly finds: (1) It is in the public interest to establish a new regulatory model for the natural gas industry in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of natural gas services at the most efficient pricing; and (2) In order to ensure the implementation of this new reliance on market based compe tition, any regulatory impediments, whether statutory or administrative, to competi tion for natural gas services must be removed in those areas of the natural gas industry where competition actually exists. (b) It is the intent of this article to: (1) Promote competition in the natural gas industry; (2) Protect the consumer during and after the transition to a competitive natural gas market; (3) Maintain and encourage safe and reliable gas service; (4) Deregulate those components of the gas industry subject to actual competition; (5) Continue to regulate those gas services subject to monopoly power; (6) Promote an orderly and expeditious transition of the natural gas industry toward fully developed competition; and (7) Allow gas companies the opportunity to compete effectively in a competitive marketplace. 46-4-152. As used in this article, the term: (1) 'Adequate market conditions' means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of Code Section 46-4-156 to warrant customer assignment. (2) 'Affiliate' means another person which controls, is controlled by, or is under com mon control with such person. TUESDAY, FEBRUARY 25, 1997 587 (3) 'Ancillary service' means a service that is ancillary to the receipt or delivery of natural gas, including without limitation storage, balancing, peaking, and customer services. (4) 'Commodity sales service' means the sale of natural gas exclusive of any distribu tion or ancillary service. (5) 'Control' includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. A voting interest of 25 percent or more is deemed to constitute control. The term control includes the terms controlling, controlled by, and under control with. (6) 'Customer assignment' means the process described in subsection (e) of Code Sec tion 46-4-156 whereby retail customers within a particular delivery group who are not under contract for delivery service from a marketer are randomly assigned to certifi cated marketers. (7) 'Customer service' means a function related to serving a retail customer including without limitation billing, meter reading, turn-on service, and turn-off service. (8) 'Delivery group' means a set of individual delivery points on one or more interstate pipeline suppliers to a gas company that may be aggregated and utilized for the deliv ery of gas to a particular set of retail customers. (9) 'Distribution service' means the delivery of natural gas by and through the instru mentalities and facilities of a gas company or of a marketer certified pursuant to Code Section 46-4-153, regardless of the party having title to the natural gas. (10) 'Electing distribution company' means a gas company which elects to become sub ject to the provisions of this article and satisfies the requirements of Code Section 46-4154. (11) 'Firm' means a type of distribution service which ordinarily is not subject to inter ruption or curtailment. (12) 'Interruptible' means a type of distribution service which is subject to interruption or curtailment. (13) 'Marketer' means any person certificated by the commission to provide commodity sales service or distribution service pursuant to Code Section 46-4-153. (14) 'Person' means any corporation, whether public or private; company; individual; firm; partnership; or association. (15) 'Retail customer' or 'retail purchaser' means a person who purchases commodity sales service or distribution service and such purchase is not for the purpose of resale. (16) 'Straight fixed variable' means a rate form in which the fixed costs of providing distribution service are recovered through one or more fixed components and the varia ble costs are recovered through one or more variable components. (17) 'Winter heating season' means the calendar days from October 1 of one year through March 31, inclusive, of the following year. 46-4-153. (a)(l) No person other than a gas company shall sell or offer to sell in intrastate com merce to any retail customer who receives primarily firm service within this state any commodity sales service or distribution service without first obtaining a certificate of authority from the commission covering the territory where such retail customer is located. (2) The commission shall have the authority to issue multiple certificates of authority with respect to a particular territory upon a showing that the applicant: 588 JOURNAL OF THE SENATE (A) Possesses satisfactory financial and technical capability to render the certificated service; (B) Has a sufficient gas supply to meet the requirements of such service; and (C) Will offer such service pursuant to rules and contract terms which the commis sion finds economically viable for the territory which the marketer proposes to serve. (3) A showing of public convenience and necessity is not a condition for the issuance of a competing certificate of authority. (4) A certificate of authority shall authorize the marketer to use intrastate capacity available to it from a gas company to provide interruptible distribution service when not required by the marketer to provide firm distribution service. (b) Any certificate of authority issued by the commission is subject to revocation, suspen sion, or adjustment where the commission finds upon complaint and hearing that a mar keter has failed repeatedly to meet obligations to its retail customers which are imposed by this article, regulations issued pursuant to this article, or the marketer's certificate of authority; has engaged in unfair competition; or has abused its market position. (c) A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketer's certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketer's certificate of authority and upon terms that will provide the marketer with just and adequate compensation. (d) The price at which a marketer sells gas shall not be fixed by the commission. (e) A person who seeks a certificate of authority shall make an application to the commis sion which contains the information required by this Code section. (f)(l) No later than December 31, 1997, the commission shall promulgate regulations describing the information to be included in an application for certification under this Code section and the criteria it will use in determining an applicant's financial and technical capability. Such criteria shall seek to ensure the reliability and high quality of gas service provided to consumers, while imposing no unnecessary barriers to entry, including without limitation administrative barriers to entry. (2) No such application shall be filed with respect to territory covered by the certificate of public convenience and necessity of a gas company until such gas company has filed a notice of election pursuant to the provisions of subsection (a) of Code Section 46-4154. (3) Until the expiration of 15 days following the effective date of such rates for an electing distribution company, the commission shall not approve or disapprove any complete application filed prior to such expiration date for a certificate of authority covering territory certificated to such electing distribution company, and all applica tions for certificates of authority filed prior to such expiration date shall be considered by the commission simultaneously. (4) Within 60 days following such expiration date, the commission shall conduct a pub lic hearing or hearings on all complete applications filed prior to such expiration date. Within 90 days following such expiration date, the commission shall issue its orders approving or disapproving each of such applications for a certificate of authority. (5) The commission shall conduct a public hearing on any application for a certificate of authority filed subsequent to such expiration date within 60 days following the filing of such application; and within 90 days following such filing, the commission shall issue its order approving or disapproving such application. (g) The commission may deny an application upon a showing that the applicant or any one acting in concert with the applicant has a history of violations of laws, rules, or regu lations designed to protect the public. The commission may revoke any certificate issued pursuant to this Code section where it is found that the marketer or anyone acting in concert with the marketer has such a history, that any information on the application TUESDAY, FEBRUARY 25, 1997 589 was falsified or forged, that the marketer has acted unlawfully to the detriment of the public while certificated, or for any other good and valid reason where activities of the marketer are serving or could serve to mislead, deceive, or work a fraud upon members of the public. The commission shall be authorized to adopt rules and regulations to imple ment this subsection. In any case where it is asserted in good faith that the marketer is, has been, or may be about to become involved in activities described in this subsection, any deadline imposed under this Code section regarding the granting of certification shall be null and void until such time as such assertions can be addressed. 46-4-154. (a) A gas company may elect to become subject to the provisions of this article by filing a notice of election with the commission and by filing an application to establish just and reasonable rates, including separate rates for unbundled services. Pursuant to such ap plication, the commission shall: (1) Maintain rates for interruptible distribution service at the levels set forth in the rate schedules approved by the commission and in effect on the day the gas company files a notice of election as provided for in this Code section; (2) Establish rates for firm distribution service using the straight fixed variable method of rate design; provided, however, that the commission may in its discretion provide for such measures during the 12 month period following the effective date of such rates that it deems necessary to reduce material fluctuations in rates for firm distribution service resulting from the transition to such straight fixed variable rate design; provided, further, that such measures shall not result in cross-subsidization among or between groups of customers of the electing distribution company nor reduce the revenues to the electing distribution company below those that would be recovered by the electing distribution company under the straight fixed variable rate without such measures; (3) Establish separate rates and charges, which may be based on market value, for each type of ancillary service which is classified separately; (4) Provide for the recovery in rates of those costs which the commission determines are prudently incurred and used and useful in providing utility service; and (5) Provide for recovery of costs found by the commission to be stranded and necessary to provide a reasonable return, provided that only prudently incurred stranded costs that cannot be mitigated may be recovered. (b) In any proceeding before the commission to establish rates as prescribed in subsection (a) of this Code section, the commission shall prescribe rates for the services and cost recovery purposes specified in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section at levels which are designed to recover the costs of service of the electing distribution company as established by the commission in such proceeding. In such pro ceeding, the commission shall also prescribe a mechanism by which 90 percent of the revenues to the electing distribution company from rates for interruptible distribution service shall be credited to the universal service fund established pursuant to the provi sions of Code Section 46-4-161. Each electing distribution company is authorized to re tain for the benefit of its shareholders or owners 10 percent of the revenues the electing distribution company received from rates for interruptible service. Each electing distri bution company which retains 10 percent of such revenues shall make a report to the commission annually describing the benefits resulting to the retail firm customers from interruptible distribution service revenues. (c) In addition to any other applicable filing requirements, any such application by a gas company shall include the following: (1) An identification of each component of natural gas service, including but not limited to commodity sales service, distribution service, and ancillary services, which are to be unbundled and offered under separate rates, together with the total costs to provide 590 JOURNAL OF THE SENATE each such service by the electing distribution company including a return on investment; (2) Provisions for offering each unbundled service on an equal access, nondiscriminatory basis; (3) A description of the method by which the electing distribution company proposes to allocate its intrastate capacity for firm distribution service to a marketer based upon the peak requirements of the firm retail customers served by the marketer; (4) A description of the method by which the electing distribution company proposes to allocate its rights to interstate pipeline and underground storage to a marketer based upon the peak requirements of the firm retail customers served by the marketer; and (5) A plan for establishing and operating an electronic bulletin board by which the electing distribution company will provide marketers with equal and timely access to information relevant to the availability of firm distribution service. (d) Notwithstanding any other provision of this title, the commission shall hold a hearing regarding an application filed pursuant to this Code section and may suspend the opera tion of the proposed schedules and defer the use of the proposed rates, charges, classifica tions, or services for a period of not longer than six months. 46-4-155. (a) Except as otherwise provided by this article, an electing distribution company which offers firm distribution services remains subject to the jurisdiction of the commission under this title. Without limiting the generality of the foregoing, the commission shall have general supervision of such company pursuant to Code Section 46-2-20, and the rates of an electing distribution company for firm distribution service and the ancillary services which are subject to the rate jurisdiction of the commission shall be established in accordance with the provisions of this article and Code Section 46-2-23.1. (b) An electing distribution company shall offer liquefied natural gas peaking service to marketers at rates and on terms approved by the commission, subject however to the following: (1) If a marketer who is not affiliated with an electing distribution company obtains a peaking service in a delivery group from a person other than the electing distribution company, the rate for liquefied natural gas peaking service by the electing distribution company in such delivery group shall not be subject to approval by the commission but shall be capped at 120 percent of the rate for such service previously established by the commission; and (2) If the commission determines pursuant to a filing by the electing distribution com pany or otherwise, and based upon the factors listed in subsection (c) of this Code sec tion, that reasonably available alternatives for such peaking services exist in the delivery group, the rate for such services in a delivery group shall not be subject to regulation by the commission and the plant and equipment of the electing distribution company which is used and useful for receiving gas for liquefaction, liquefying gas, storing liquefied natural gas, and re-gasifying liquefied natural gas, including the land upon which such plant and equipment is located, shall be removed from the rate based for rate-making purposes of the electing distribution company in an amount which is the lower of the fair market value or the depreciated book value of such facilities. In addition, the rates for firm distribution service of the electing distribution company shall be adjusted to eliminate any applicable recovery of the operation and mainte nance expenses associated with such facilities and gas in storage in such facilities, as well as the return on investment attributable to the amount removed from the rate base. For purposes of such review and determination, the fact that such services have been obtained by a marketer who is not affiliated with the electing distribution com pany shall create a presumption that there are reasonably available alternatives for such peaking services in the delivery group. TUESDAY, FEBRUARY 25, 1997 591 (c) An electing distribution company shall offer each type of customer service to market ers at rates and on terms approved by the commission in accordance with this article and Code Section 46-2-23.1 until such time as the commission determines that marketers have reasonable available alternatives to purchasing such service from the electing dis tribution company. The commission shall make a separate determination for each type of service. In making such determinations, the commission shall consider the following factors: (1) The number and size of alternative providers of the service; (2) The extent to which the service is available from alternative providers in the rele vant market; (3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (4) Other indicators of market power which may include market share, growth in mar ket share, ease of entry, and the affiliation of providers of a service. (d) For each delivery group for which the commission has not determined pursuant to Code Section 46-4-156 that adequate market conditions exist, and thus has not initiated customer assignment, an electing distribution company shall: (1) Offer interruptible distribution service and balancing service to retail customers and marketers at rates and on terms approved by the commission in accordance with the provisions of this article and of Code Section 46-2-23.1; (2) Offer firm distribution service at rates and on terms approved by the commission in accordance with the provisions of this article and Code Section 46-2-23.1 to retail cus tomers and marketers subject to the rules, regulations and general terms and condi tions of the electing distribution company as approved by the commission; and (3) Offer in conjunction with such firm distribution service a commodity sales service; provided, however, that the rates for such commodity sales service shall be established pursuant to the provisions of Code Section 46-2-26.5, relating to the filing and adoption of a gas supply plan; and provide, further, that the rate for such commodity sales ser vice shall not be subject to the provisions of Code Section 46-2-26.5 nor subject to the approval of the commission if at least five marketers, excluding any marketers who is an affiliate of the electing distribution company, have been granted certificates of au thority to serve in the delivery group. 46-4-156. (a) No later than December 31, 1997, the commission shall promulgate regulations which prescribe a methodology for the random assignment to each marketer certificated within a delivery group of each firm retail customer who has not contracted for delivery service from a marketer. This methodology shall further provide that the percentage of such firm retail customers assigned to a given marketer shall be based upon the percentage at the time of such assignment of all firm retail customers within the delivery group served by such marketer. (b) Any person may file a petition requesting that the commission determine that ade quate market conditions exist for a particular delivery group. If the commission makes such a determination, the procedures that precede customer assignment shall begin. The commission shall enter a decision as to whether adequate market conditions exist within the earlier of 120 days after the close of the record in the proceeding on such petition or 180 days from the filing of such petition under this subsection. The commission shall determine that adequate market conditions exist within a specific delivery group as follows: (1) If the petition is filed before September 30, 2001, upon a showing that: (A) At least five marketers, excluding any marketer which is an affiliate of an elect ing distribution company, have been granted a certificate to serve within the deliv ery group and are actively marketing within the delivery group area; and 592 JOURNAL OF THE SENATE (B) In the aggregate, no less than one-third of the peak day requirements for firm distribution service is served through marketers. In determining whether such per centage has been satisfied, marketers who are not affiliates of the electing distribu tion company must serve no less than 18 percent of the peak day requirements for firm distribution service in the delivery group; or (2) If the petition is filed on or after September 30, 2001, upon a showing that adequate market conditions exist based upon consideration of the following factors: (A) The number and size of alternative providers of the distribution service; (B) The extent to which the distribution service is available from alternative provid ers in the delivery group; (C) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (D) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of a distribution service. (c) If the commission issues an order pursuant to subsection (b) of this Code section de termining that adequate market conditions exist, it shall prescribe in such order the con tents of notices to be furnished pursuant to the provisions of subsection (e) of this Code section. Subject to the provisions of subsection (d) of this Code section, on the one hun dred twentieth day following the issuance of an order for a particular delivery group: (1) The rates and terms of service of an electing distribution company for interruptible distribution service and balancing service shall not be subject to approval by the com mission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; (2) The rates and terms of service for commodity sales service provided by an electing distribution company to retail purchasers of firm distribution service shall not be sub ject to approval by the commission, provided that all firm retail customers have con tracted with or have been assigned to marketers as provided for in this Code section; and (3) Subject to subsection (d) of this Code section, an electing distribution company has no obligation to provide commodity sales service to retail customers. (d) If the one hundred twentieth day following the issuance of such order falls during a winter heating season, the provisions of subsection (c) of this Code section and customer assignment shall become effective on the day following the end of the winter heating season. (e) Within 45 days following the issuance of an order pursuant to subsection (b) of this Code section, and again within 80 days following such an order, an electing distribution company shall send a notice regarding the commission's order to each of its retail cus tomers receiving firm distribution service or commodity sales service within such deliv ery group. Such notices shall inform the retail customer in plain language that: (1) The electing distribution company will not provide firm distribution service or com modity sales service to such customer, as of the date determined under subsection (c) or (d) of this Code section; (2) Such customer may contract with a marketer certificated under Code Section 46-4153 to furnish such services; and (3) If the customer does not contract with a marketer within 100 days from the date of such order, the commission will assign, on a random basis, a marketer to furnish such services to said customer. (f)(l) If the commission issues an order pursuant to subsection (b) of this Code section before September 30, 2001, any affected party may petition the commission to stay the process of customer assignment. TUESDAY, FEBRUARY 25, 1997 593 (2) Any such petition shall be filed with the commission no earlier than 80 days from the date of such order and no later than 105 days from the date of such order. (3) The commission shall hold an expedited hearing within 14 days of the filing of the petition. Within three days of the filing of said petition, the commission shall cause notice to be given of said hearing to the affected electing distribution company, all marketers certificated within the delivery group, and such other persons as the com mission deems appropriate. (4) In any proceeding upon such a petition, the commission may stay the assignment process if it determines upon the basis of clear and convincing evidence introduced in support of the petition that, notwithstanding the adequacy of the showing under the provisions of paragraphs (b)(l)(A) and (b)(l)(B) of this Code section, the market will not be competitive and the prices for distribution service to residential customers will not be constrained by market forces and will be significantly higher than such prices would be if they were constrained by market forces. (5) The commission shall render a decision in any such proceeding within the earlier of ten days after the close of the record in the proceeding on such petition or 30 days from the filing of such petition under this subsection. (g) At any time that the electing distribution company determines that any deadline im posed by this article may result in an adverse impact upon the overall effective imple mentation of this article, upon the emergence of effective competition, or upon the public interest, it may petition the commission to extend that deadline for a time certain. If the commission finds that the petition has merit and should be granted, it may extend such deadline for any time period up to or equal to the time extension requested in the petition. 46-4-157. If, in an expedited hearing: (1) The commission determines for a specific delivery group, as to which the commis sion has issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for natural gas paid by retail customers in such delivery group are not con strained by market forces and are significantly higher than such prices would be if they were constrained by market forces; or (2) The commission determines for a specific delivery group, as to which the commis sion has not issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for commodity sales services to residential customers by an electing distribu tion company which have not been approved by the commission pursuant to Code Sec tion 46-2-26.5 are generally not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces, then the commission, on an emergency basis, may by order temporarily impose such di rectives on gas companies subject to its jurisdiction as are required to protect the inter ests of retail customers in such delivery group including but not limited to price regulations and the imposition upon the electing distribution company of the obligation to serve retail customers in such delivery group under the same or similar conditions to those under which such customers were served prior to customer assignment in such delivery group. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. In its order the commission shall make provisions for recovery of all costs reasonably incurred by the electing distribution company in comply ing with the directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. No such directive shall impose any condition upon the electing distribution company which unreasonably burdens the company. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. The 594 JOURNAL OF THE SENATE provisions of this Code section shall not apply to a delivery group for which customer assignment occurred more than three years prior to the date of notice of the expedited hearing. 46-4-158. (a) An electing distribution company which provides firm distribution service under this article must: (1) Offer such distribution service to marketers separately from any commodity sales service or other service; (2) Provide such distribution service to marketers without undue discrimination or preference, including undue discrimination or preference in the quality of service pro vided, the duration of service, the categories, prices, or volumes of natural gas to be distributed, customer classification, or undue discrimination or preference of any kind; and (3) Provide all marketers with equal and timely access to information relevant to the availability of such service, including without limitation the availability of capacity at delivery points, through the use of an electronic bulletin board. (b) An electing distribution company may impose reasonable operational conditions on any firm distribution service provided to marketers under this article. Such conditions must be filed by the electing firm distribution company as part of its firm distribution tariff. (c) An electing distribution company which provides firm distribution service to market ers under this article is not required to provide any requested firm distribution service for which capacity is not available or that would require the construction or acquisition of any new facilities. 46-4-159. (a) As used in this Code section and notwithstanding any other provision of this article, the term: (1) 'Control' includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. The term control includes the terms controlling, controlled by, and under control with. (2) 'Electing distribution company' includes any agent of or consultant to the electing distribution company. (3) 'Marketer' means any person who engaged in selling gas: (A) To retail customers connected to the facilities of an electing distribution com pany; or (B) To other marketers for resale to such customers; provided, however, that the term marketer shall not mean a person who only makes sales beyond the electing distribution company's system to other marketers for resale when the transportation capacity for the distribution of the gas to the electing distribution company's system is obtained from a person or entity which is not an affiliate of the electing distribu tion company. (b) An electing distribution company must conduct its business to conform to the follow ing standards, which are intended to prevent any advantage or disadvantage accruing to a marketer, including a marketer that is an affiliate of the electing distribution company, in relation to other marketers and their customers and which standards shall be applied to accomplish this intent: (1) An electing distribution company must apply the terms and conditions of its tariff and other tariff provisions related to delivery of gas in the same manner to all market ers and to all customers without respect to their supplier; TUESDAY, FEBRUARY 25, 1997 595 (2) An electing distribution company must process all similar requests for service in the same manner to all marketers in a reasonably similar time period; (3) An electing distribution company may not, through tariff or otherwise, give any marketer or its customers preference over any other marketer or similarly situated customers in matters relating to the movement or delivery of gas on its distribution facilities and administration of contracts, including scheduling, nomination, balancing, metering, storage, standby service, curtailment policy, and billing and invoice ques tions and disputes; (4) An electing distribution company shall apply the same tariff provisions relating to discounts, rebates, fee waivers, or penalty waivers to all similarly situated customers without respect to their marketer. Any discretionary right under a tariff provision shall be applied by the electing distribution company impartially to all similarly situ ated customers without respect to their marketer. Where not subject to tariff provi sions, an electing distribution company must contemporaneously offer the same discounts, rebates, fee waivers, or penalty waivers to all similarly situated customers without respect to their marketer and effectuate such contemporaneous offers by mak ing an appropriate posting on the general alert screen of its electronic bulletin board; (5) An electing distribution company must not give preference to any marketer in the scheduling or allocation of capacity at a city gate station; (6) An electing distribution company must not directly or indirectly give any marketer any form of preference over any other marketer in matters relating to assignment, release, or other transfer of the electing distribution company's capacity rights on in terstate pipeline systems or in the sale of gas; (7) Neither the electing distribution company nor any marketer that is an affiliate of the company nor any other marketer may represent that any advantage accrues to customers or others in the use of electing distribution company services as a result of that customer or others dealing with the marketer. Also, joint promotions between the electing distribution company and any marketer, such as inclusion of fliers for the mar keter in utility bills, are prohibited unless such promotions are offered to all other marketers under the same terms and conditions; (8) The electing distribution company must not preferentially provide sales leads to any marketer and must refrain from giving any appearance that the electing distribu tion company speaks on behalf of a marketer that is an affiliate of the company. If a customer requests information about marketers, to the extent the electing distribution company responds to the request, the electing distribution company should provide a list of all marketers on its system but shall not express any preferential recommenda tion for a marketer that is an affiliate of the company or for any other marketer; (9) Joint solicitation calls on end users by personnel of the electing distribution com pany and any marketer are forbidden; however, joint meetings will be scheduled at a mutually agreeable time and location if specifically requested in writing by the customer; (10) An electing distribution company must contemporaneously disclose information provided to any marketer related to the marketing or sale of gas to customers or identi fied potential customers, or related to the delivery of natural gas to or on its system to all marketers on the system. The electing distribution company's disclosure of such information must be effectuated by posting the information on the general alert screen of its electronic bulletin board. However, an electing distribution company may, when requested in writing to do so by a customer of a marketer, disclose confidential infor mation relating to the customer only to said marketer. Notwithstanding any other provisions of this paragraph, an electing distribution company may respond to general inquiries from marketers, customers, identified potential customers, or other third par ties regarding general information including the company's terms and conditions, tariff provisions, location and description of facilities, or other similar information as re quired in the normal course of business by responding only to the requesting party; 596 JOURNAL OP THE SENATE (11) An electing distribution company may not knowingly disclose to any marketer any confidential information obtained in connection with providing delivery or related serv ices to any other marketer or customer, a potential marketer or customer, any agent of such customer or potential marketer, or a marketer; (12) Employees of the electing distribution company having direct responsibility for the day-to-day operations of the electing distribution company's operations, including, but not limited to, employees involved in: (A) Receiving distribution service requests or sales requests from retail customers; (B) Scheduling gas deliveries on the electing distribution company's system; (C) Making gas scheduling or allocation decisions; (D) Purchasing gas or capacity; (E) Selling gas to retail customers shall not be shared with, shall be physically separated from, and must function inde pendently of a marketer which is an affiliate of the company; (13) An electing distribution company must file with the commission procedures that will enable marketers and the commission to determine how the electing distribution company is complying with the standards set forth in this Code section; and (14) An electing distribution company must maintain its books of account and records separately form those of a marketer which is an affiliate of the company. (c) An electing distribution company must respond in writing within ten days to any informal complaint which is submitted in writing to the company and which relates to compliance with the standards set forth in this Code section. 46-4-160. (a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the com mission shall have authority to: (1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality; and (4) Resolve complaints against a marketer regarding that marketer's service. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must sepa rately state on its bills to retail customers within the delivery group the charges for firm delivery service and for commodity sales. (c) The commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commis sion's rules and regulations promulgated under this article. (d) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provi sions of Article 2 of Chapter 2 of this title. (e) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Article 5 of Chapter 2 of this title shall apply to a marketer. (f) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act,' shall apply to a marketer. 46-4-161. (a) The commission shall create for each electing distribution company a universal ser vice fund for the purpose of: TUESDAY, FEBRUARY 25, 1997 597 (1) Assuring that gas is available for sale by marketers to firm customers within the territory certificated to each such marketer; and (2) Enabling the electing distribution company to expand its facilities and service in the public interest. (b) The fund shall be administered by the commission under rules to be promulgated by the commission in accordance with the provisions of this Code section. Prior to the begin ning of each fiscal year of the electing distribution company, the commission shall deter mine the amount of the fund appropriate for such fiscal year. In making such determination, the commission shall consider the following: (1) The amount required to provide appropriate compensation to marketers with re spect to uncollectable accounts arising from commodity sales to firm customers; (2) The amount required to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities from time to time as the commission deems to be in the public interest. (c) The fund shall be created and maintained from time to time from the following sources: (1) Rates refunds to the electing distribution company from its interstate pipeline suppliers; (2) Any earnings allocable to ratepayers under performance based rates of the electing distribution company authorized by this article; (3) A surcharge to the rates for firm distribution service of the electing distribution company authorized for such purpose by the commission from time to time; and (4) Any other payments to the fund provided by law. (d) Any amounts remaining in such fund at the end of a fiscal year shall be available for refund to customers in such manner as the commission shall deem equitable. The bal ance at fiscal year end, whether positive or negative, after such refund, if any, shall be come the initial balance of the fund for the ensuing fiscal year and shall be considered by the commission in making the determination required in subsection (b) of this Code section. (e) Moneys in the fund shall be distributed quarterly to marketers and the electing distri bution company upon application to the commission. (f)(l) In determining whether to grant the application of a marketer for a distribution from the fund in whole or in part, the commission shall consider: (A) The expenditures reasonably required for commodity sales by a marketer within the relevant territory based upon the cost of gas as established by published cost indexes, the transportation charges of the interstate pipeline involved, and the rates for firm distribution service of the electing distribution company. The commission shall also consider the actual costs incurred to serve the customers and revenues available to the marketer from sales within the affected territory available to provide a fair return to the marketer; (B) Whether the marketer pursued reasonable diligence in seeking to recover the uncollectable account; and (C) The reduction to the total amount of the uncollectable accounts appropriate to assure that marketers pursue reasonable diligence in their collection efforts. (2) In no event shall the distribution to an electing distribution company from the fund for facilities and service expansion during any fiscal year exceed 5 percent of the capi tal budget of such company for such fiscal year. In determining whether to grant the application of an electing distribution company for a distribution from the fund in whole or in part, the commission shall consider the following: (A) The capital budget of the electing distribution company for the relevant fiscal year; 598 JOURNAL OF THE SENATE (B) The estimated total overall applicable cost of the proposed extension, including construction costs, financing costs, working capital requirements, and engineering and contracting fees, as well as all other costs that are necessary and reasonable; (C) The projected initial service date of the new facilities and the estimated revenues to the electing distribution company during the first five fiscal years following the initial service date and the estimated rate of return to the electing distribution com pany produced by such revenues during each such fiscal year; and (D) The amount of the contribution in aid of construction required for the revenues from the proposed new facility to produce a just and reasonable return to the electing distribution company. (g) Any investment in new facilities financed from the universal service fund shall not be eligible for inclusion in rate base. 46-4-162. Nothing in this article shall be construed to prohibit the commission from approving, upon application by a gas company, pilot programs which allow increased customer choice on such gas company's distribution system but which are not otherwise subject to the provisions of this article. 46-4-163. Any special or negotiated contract between a gas company and a retail customer ap proved by the commission shall not be invalidated or modified by the provisions of this article. 46-4-164. Nothing in this article shall be deemed to apply or impose requirements not otherwise existing on gas distribution companies owned by any county, municipality, other political subdivision, or governmental authority of this state; nor are the provisions of this article intended to increase or decrease the authority and jurisdiction of the commission with respect to the distribution, sale, or transportation of gas by any county, municipality, other political subdivision, or governmental authority of this state. Nothing in this arti cle shall be construed to limit or otherwise affect the existing powers of municipal corpo rations or other political subdivisions of this state relating to the granting of franchises or the levying or imposition of taxes, fees, or charges. 46-4-165. The commission shall report to the General Assembly annually through the year 2002 on the status of the transition to competitive markets for natural gas services in Georgia." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks TUESDAY, FEBRUARY 25, 1997 599 Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Balfour (excused) Brown of 26th Starr (presiding) Taylor Thompson (excused) On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. SB 70. By Senators Land of the 16th, Scott of the 36th, Tanksley of the 32nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 202-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997"; to provide for a statement of intent; to provide for defini tions; to provide for a petition for charter school status by a local school. The Senate Education Committee offered the following substitute to SB 70: A BILL To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to repeal Code Section 20-2255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997"; to provide for charter schools; to provide for a short title; to provide for a statement of intent; to provide for definitions; to provide for a petition for charter school status by a local school; to provide for a petition for charter school status by parties other than a local school; to provide for enrollment in charter schools; to provide for no discrimination in charter schools; to provide for protection of the rights of teachers employed by charter schools and for immunity from claims arising from the performance or nonperformance of their official functions; to provide for the review and approval of charter school petitions by the state board; to provide for the approval or denial of a charter petition by a local board; to provide for the required terms of a charter; to provide for the renewal of a charter; to provide for the creation of an Office of Charter School Compliance; to provide for an annual report to the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 600 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing Code Section 20-2-255, relating to petitions for charter school status. SECTION 2. Said chapter is further amended by adding at the end thereof a new Article 31 to read as follows: "ARTICLE 31 20-2-2060. This article shall be known and may be cited as the 'Charter Schools Act of 1997.' 20-2-2061. (a) It is the intent of the General Assembly to provide a means whereby: (1) Local schools may choose to substitute a binding academic or vocational based con tract or academic and vocational based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title; and (2) Individuals, organizations (other than private educational institutions not estab lished, operated, or governed by the State of Georgia), or state or local public entities may establish a local school subject to a charter which exempts the local school from state and local rules, regulations, policies, and procedures and from other provisions of this title according to the terms of the charter. (b) For purposes of this article, the term: (1) 'Charter' means an academic or vocational based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial period of up to five years. Each academic or vocational based contract or academic and vocational based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title according to the terms of the contract. (2) 'Charter petitioner' means a local school, private individual, private organization, or state or local public entity which submits a charter petition to a local board. (3) 'Charter school' means a school that is operating under the terms of a charter granted by the state board. (4) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V of the Constitution. (5) 'Local school' means a public school in Georgia which is under the management and control of a local board. (6) 'Minimum state standards' means such minimum standards as are established by the state board as a condition of continued state fiscal assistance to a local school system. (7) 'Petition' means a proposal to enter into a charter. (8) 'State board' means the State Board of Education. (c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must: TUESDAY, FEBRUARY 25, 1997 601 (1) Be approved by the local board; (2) Be freely agreed to by a majority of the faculty and instructional staff members by secret ballot at the school initiating the petition; (3) Be freely agreed to by a majority of the parents present at a meeting called for the purpose of deciding whether to submit the petition to the local board for its approval; (4) Describe a plan for school improvement that addresses how the charter petitioner proposes to improve student learning and meet minimum state standards; (5) Outline proposed verifiable academic or vocational based criteria or verifiable aca demic and vocational based criteria that will be used during the initial period of the charter to measure the progress of the charter petitioner in improving student learning and meeting minimum state standards; (6) Describe how parents of students enrolled in the school were directly and substan tially involved and faculty, instructional staff, and the broader community were in volved in developing the petition and how parents of students enrolled in the school will be directly and substantially involved and faculty, instructional staff and the broader community will be involved in developing and implementing the improvement plan and in identifying verifiable academic or vocational based criteria or verifiable academic and vocational based criteria; (7) Provide for a governing body which is responsible for carrying out the terms of the charter the majority of the members of which shall be parents of students enrolled in the school who are not employed by the school or by the local school district in which the charter school is located; (8) Describe how the concerns of parents of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in eval uating the effectiveness of the improvement plan; and (9) Describe how personnel matters involving the faculty, instructional staff, and other employees of the charter school will be addressed including, but not limited to, employ ment, certification, and evaluation. (d) Any individual, organization (other than a private educational institution not estab lished, operated, or governed by the State of Georgia), state or local public entity, or combination thereof may petition the state board for a charter on behalf of a proposed charter school in accordance with a schedule approved by the state board. Such petitions must: (1) Be approved by the local board; and (2) Satisfy all of the requirements set forth in paragraphs (4) through (9) of subsection (c) of this Code section. 20-2-2062. (a) A charter school shall be: (1) A public, nonsectarian school; (2) In the case of a charter school which is created pursuant to subsection (d) of Code Section 20-2-2061, incorporated under the laws of the State of Georgia as a nonprofit corporation with all powers necessary or desirable for carrying out the terms of its charter; (3) Supervised by the local board subject to the provisions of the charter and this article; (4) Assigned for administrative purposes to the local school district in which it is located; (5) Required to comply with federal, state, and local rules, regulations, and statutes relating to civil rights, insurance, the protection of the physical health and safety of 602 JOURNAL OF THE SENATE school students, employees, and visitors, conflicting interest transactions, and the pre vention of unlawful conduct; and (6) Subject to an annual financial audit in a manner similar to that required of a local school. (b) A charter school shall enroll any eligible student who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process. A charter school shall give enrollment preference to students who reside in the local school district in which the charter school is located. If a charter school has available capacity for students after all students who reside within the district where the charter school is located have had an opportunity to enroll, the charter school, with the permission of the local board and subject to such interdistrict transfer policy as may be adopted by the local board, may enroll students from outside the district where the charter school is located. A charter school may give enrollment preference to a sibling of a student currently enrolled in the charter school. A student may withdraw without penalty from a charter school at any time and enroll in a school in the local school district where such student resides. (c) A charter school shall not discriminate on any basis that would be illegal if used by a school district; provided, however, that a charter school may limit admission to a particu lar grade level or to areas of academic concentration for the school curriculum, such as mathematics, science, or the arts, and may give enrollment preference to students con sidered at risk of academic failure. A charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the petition. 20-2-2063. (a) A teacher who is employed by or teaching at a charter school and who was previously employed as a teacher by a local school district shall not lose any right of certification, retirement benefit, salary status, or any other benefit provided by law or by the rules of the board of education of the local school district while teaching at a charter school if and when such teacher is again employed by such local school district. (b) Any person who is to be issued a contract of employment for the first time by a charter school as a teacher and who has not previously met the requirements of Code Section 202-211 shall be fingerprinted and shall be subject to a criminal record check as required by Code Section 20-2-211 prior to the issuing of such contract. The charter school shall have the authority to employ such a person under a provisional or temporary contract. (c) Any teacher who is employed by a local school district and who is a member of the Teachers Retirement System of Georgia shall retain his or her membership in such re tirement system upon accepting employment with a charter school. The local board or, in the case of charter school formed under subsection (d) of Code Section 20-2-2061, the governing board of the charter school shall be authorized and directed to make such de ductions as are authorized by law from a teacher's salary and to pay to the board of trustees of such retirement system the employer contributions and employee contribu tions provided for in Chapter 3 of Title 47. (d) A teacher who is employed by or teaching at a charter school and who submits an employment application to the local school district where such teacher was employed immediately before employment by or at a charter school shall be given employment preference by such local school district if the following conditions are met: (1) The teacher submits an employment application to the local school district no later than three years after ceasing employment with the local school district; and (2) A suitable teaching position is available within the local school district. (e) A charter school, its governing board, and all of its employees shall not be subject to suit or liability, and no judgment shall be entered against them for the performance or nonperformance of their official functions except to the extent otherwise provided by law with respect to local public school systems and their officers, agents, and employees. TUESDAY, FEBRUARY 25, 1997 603 20-2-2064. (a) Each year, the state board must review petitions for charter school status. The state board shall approve such petitions and grant charter school status to charter petitioners whose petitions, in the opinion of the state board: (1) Meet the requirements set forth in subsection (c) or (d) of Code Section 20-2-2061, as applicable; and (2) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in implementing its school improvement plan. (b) A local board must by a majority vote approve or deny a petition no later than 60 days after the petition is received. If the petition is denied by a local board, the local board must, within 45 days after such denial, explain in writing how approving the petition would be contrary to the best interest of the students or the community. Such written explanation shall be supported by credible evidence, as exclusively and finally deter mined by the local board, and shall be delivered to the charter petitioner. (c) The state board shall include in the terms of each charter: (1) A mechanism for declaring the charter null and void if a majority of the parents of students enrolled at the school present at a meeting called for the purpose of deciding whether to declare the charter null and void request the state board to withdraw the charter; (2) A statement that the state board or local board, after providing reasonable notice to a charter school and an opportunity for a hearing, may choose not to renew the charter or may terminate the charter for any of the following grounds: (A) Failure to implement the school improvement plan set forth in the petition; (B) Failure to meet generally accepted standards of fiscal management; (C) A violation of applicable federal, state, or local laws; or (D) The existence of competent substantial evidence that the continued operation of the charter school would be contrary to the best interest of the students or the community. (3) A mechanism for updating the terms of each charter agreed to by the local board and state board and subject to the approval of a majority of the governing body of the charter school or, in the case of a charter school which was formerly a local school, a majority of the faculty, instructional staff, and parents present at a meeting called for the purpose of deciding whether to update the terms of the charter; which decision to update shall be based upon the yearly progress reports given the state board by the charter school; (4) A statement that the local board and state board shall treat the charter school no less favorably than local schools located within the applicable local school district with respect to the provision of funds for instructional, administrative, transportation, and, where feasible, building programs; and (5) A statement that, except as provided in this article and in the charter, the charter school shall be exempt from all statutes, rules, regulations, policies, and procedures relating to schools within the applicable local school district as set by the local board, the state board, or the Department of Education. (d) Unless otherwise requested in writing not to do so by the governing body of a charter school, or the local school board, the state board is authorized to renew a charter on a one-year or multiyear basis, not to exceed seven years, for a charter school after the initial period. (e) The state board shall create within the Department of Education an Office of Charter School Compliance the responsibilities of which shall be to: 604 JOURNAL OF THE SENATE (1) Prepare charter school program guidelines to be approved by the state board and which may be adopted for use by a local board; (2) Distribute charter school application information to inquiring parties; (3) Process all charter school applications for consideration by the state board; (4) Administer any state or federal charter school implementation grant program; and (5) Compile information necessary to produce the annual report required by subsection (f) of this Code section. (f) The state board shall report to the General Assembly each year on the status of the charter school program." SECTION 3. This Act shall become effective upon its approval by the Governor. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Land of the 16th and Starr of the 44th offered the following amendment: Amend the Senate Education Committee substitute to SB 70 by striking the work "eligible" on line 11 on page 5. By striking lines 36 through 41 on page 5 and inserting in lieu thereof the following: "academic concentration for the school curriculum." On the adoption of the amendment, the yeas were 44, nays 0, and the Land, Starr amendment to the committee substitute was adopted. Senator Walker of the 22nd offered the following amendment: Amend the Committee Substitute to SB 70 by deleting line 21 page 7 after the word "re ceived." through line 28. On the adoption of the amendment, the yeas were 18, nays 33, and the Walker amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 45, 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 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Tanksley Taylor Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Brown of 26th Fort Glanton Griffin Harbison TUESDAY, FEBRUARY 25, 1997 605 Henson James Johnson of 2nd Middleton Ragan Stokes Streat Turner Walker Not voting were Senators Thomas of the 10th and Thompson (excused). On the passage of the bill, the yeas were 39, nays 15. The bill, having received the requisite constitutional majority, was passed by substitute. At 2:05 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Thursday, February 27, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. 606 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 27, 1997 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Starr of the 44th. Senator Huggins of the 53rd reported that the Journal of Tuesday, February 25, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House, through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 684. By Representative Ponder of the 160th: A bill to provide a new charter for the City of Donalsonville. HB 687. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. HB 691. By Representative Hugley of the 133rd: A bill to amend an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. HB 692. By Representative Hugley of the 133rd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. HB 693. By Representative Hanner of the 159th: A bill to create the Dawson-Terrell County Airport Authority. HB 694. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their du ties on July 1, 1997. HB 710. By Representatives Ray of the 128th, Lucas of the 124th, Birdsong of the 123rd and others: A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for the development by the authority of industrial and commercial sites in Bibb County through contracts, joint venture agreements, or other undertak ings with certain public entities. THURSDAY, FEBRUARY 27, 1997 607 HB 711. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. HB 713. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act placing the coroner of Carroll County on an annual sala ry, so as to change the compensation of the coroner of Carroll County. HB 718. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County. HB 433. By Representative Williams of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to limit the liability of professional land surveyors to persons in privity of contract and related per sons. HB 429. By Representatives Day of the 153rd, Culbreth of the 132nd, Royal of the 164th and others: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property. HB 369. By Representatives Bordeaux of the 151st, Barnes of the 33rd, Crawford of the 129th and others: A bill to amend Article 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, so as to provide which parties are entitled to opening and concluding arguments. HB 393. By Representatives Epps of the 131st, Taylor of the 134th, Porter of the 143rd and others: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools. The House has adopted by the requisite constitutional majority the following resolu tion of the House: HR 254. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others: A resolution commending the Selective Service System for its long, distin guished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fulfill their legal and patriotic obligation by reg istering with the Selective Service. 608 JOURNAL OF THE SENATE The following bills were introduced, read the first time and referred to committees: SB 323. By Senator Madden of the 47th: A bill to provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemp tion and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. Referred to Committee on State and Local Governmental Operations. SB 324. By Senator Cagle of the 49th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county docu ments shall be stored within the State of Georgia. Referred to Committee on State and Local Governmental Operations (General). SB 325. By Senators Kemp of the 3rd, Boshears of the 6th and Johnson of the 2nd: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00. Referred to Committee on Special Judiciary. The following bills were read the first time and referred to committees: HB 369. By Representatives Bordeaux of the 151st, Barnes of the 33rd, Crawford of the 129th and others: A bill to amend Article 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, so as to provide which parties are entitled to opening and concluding arguments. Referred to Judiciary Committee. HB 393. By Representatives Epps of the 131st, Taylor of the 134th, Porter of the 143rd and others: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools. Referred to Education Committee. HB 429. By Representatives Day of the 153rd, Culbreth of the 132nd, Royal of the 164th and Jamieson of the 22nd: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property. Referred to Finance and Public Utilities Committee. THURSDAY, FEBRUARY 27, 1997 609 HB 433. By Representative Williams of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to limit the liability of professional land surveyors to persons in privity of contract and related per sons. Referred to Special Judiciary Committee. HR 254. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others: A resolution commending the Selective Service System for its long, distin guished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fulfill their legal and patriotic obligation by reg istering with the Selective Service. Referred to Defense and Veterans Affairs Committee. HB 684. By Representative Ponder of the 160th: A bill to provide a new charter for the City of Donalsonville. Referred to State and Local Governmental Operations Committee. HB 687. By Representative Royal of the 164th: A bill to amend an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. Referred to State and Local Governmental Operations Committee. HB 691. By Representative Hugley of the 133rd: A bill to amend an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. Referred to State and Local Governmental Operations Committee. HB 692. By Representative Hugley of the 133rd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. Referred to State and Local Governmental Operations Committee. HB 693. By Representative Hanner of the 159th: A bill to create the Dawson-Terrell County Airport Authority. Referred to State and Local Governmental Operations Committee. HB 694. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their du ties on July 1, 1997. Referred to State and Local Governmental Operations Committee. 610 JOURNAL OF THE SENATE HB 710. By Representatives Ray of the 128th, Lucas of the 124th, Birdsong of the 123rd and others: A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for the development by the authority of industrial and commercial sites in Bibb County through contracts, joint venture agreements, or other undertak ings with certain public entities. Referred to State and Local Governmental Operations Committee. HB 711. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. Referred to State and Local Governmental Operations Committee. HB 713. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act placing the coroner of Carroll County on an annual sala ry, so as to change the compensation of the coroner of Carroll County. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: HB 718. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County. Referred to State and Local Governmental Operations Committee. Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 289. Do pass. SB 311. Do pass. SB 308. Do pass. HB 138. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 146. Do pass by substitute. Respectfully submitted, Senator Broun of the 46th District, Chairman THURSDAY, FEBRUARY 27, 1997 611 Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 167. Do pass. HB 459. Do pass by substitute. SR 213. Do pass by substitute. HB 479. Do pass by substitute. HB 85. Do pass. HB 508. Do pass. HB 418. Do pass. HR 167. Do pass. HB 428. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 167. Do pass by substitute. SB 224. Do pass by substitute. Respectfully submitted, Senator Langford of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 244. Do pass by substitute. SB 183. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 142. Do pass by substitute. HB 397. Do pass. HB 289. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 334. Do pass. HB 339. Do pass. 612 JOURNAL OF THE SENATE HB 380. Do pass. HB 463. Do pass by substitute. Respectfully submitted, Senator Cheeks of the 23rd District, Chairman Mr. President: The Committee on Science, Technology and Industry has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 415. Do pass. Respectfully submitted, Senator Tysinger of the 41st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 179. Do pass by substitute. HB 67. Do pass by substitute. SR 8. Do pass by substitute. HB 321. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 299. Do pass as amended. SB 306. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 262. Do pass. SB 318. Do pass. SB 313. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 286. Do pass. HB 640. Do pass. HB 617. Do pass. HB 641. Do pass. THURSDAY, FEBRUARY 27, 1997 613 HB 639. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 214. Do pass by substitute. Respectfully submitted, Senator Thompson of the 33rd District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 145. Do pass by substitute. HB 110. Do pass. SR 65. Do pass. HB 205. Do pass by substitute. SR 236. Do pass. HR 49. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman The following bills and resolutions were read the second time: SB 77 SB 303 SB 187 SR 73 SB 213 HB 206 SB 266 HB 214 SB 273 HB 308 SB 284 Senator Walker of the 22nd moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Stokes was excused. Senator Starr of the 44th, who was presiding, called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker 614 JOURNAL OF THE SENATE Those not answering were Senators: James Johnson of 2nd Oliver Perdue Starr (presiding) Stokes (excused) Thompson Senator Starr of the 44th led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Dean of the 31st introduced the chaplain of the day, Reverend Paul Battles, pastor of Friendship Baptist Church, Cartersville, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 238. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest. SR 239. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution honoring Shea Olliff, Miss Georgia 1996. SR 240. By Senators Henson of the 55th, Ray of the 48th, Price of the 56th and others: A resolution recognizing and commending L.E. (Sonny) Deavours. SR 241. By Senators Henson of the 55th, Oliver of the 42nd, Marable of the 52nd and others: A resolution recognizing and commending Gene C. Russo. SR 242. By Senator Perdue of the 18th: A resolution paying tribute to David Alfred Perdue, Sr. SR 243. By Senators Broun of the 46th and Perdue of the 18th: A resolution commending Harold F. Holtz. SR 245. By Senator Griffin of the 25th: A resolution expressing regret at the passing of Honorable Brooks Pennington. SR 246. By Senator Griffin of the 25th: A resolution commending W.T. Smith, M.D. Senator Johnson of the 2nd introduced the Ambassador and Minister from the Ivory Coast, commended by SR 217, adopted previously, who addressed the Senate briefly. The following local, uncontested bills of the Senate and House, favorably reported by the committee, as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 27, 1997 TWENTY FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) THURSDAY, FEBRUARY 27, 1997 615 SB 286 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Oliver, 42nd CITY OF ATLANTA Provides a homestead exemption from all City of Atlanta School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district. HB 617 Langford, 29th MERIWETHER COUNTY Creates and establishes the Meriwether County Airport Authority. HB 639 Johnson, E., 1st Johnson, D., 2nd CHATHAM COUNTY AND CITY OF SAVANNAH Provides a homestead exemption from certain Chatham County and City of Sa vannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. HB 640 Brush, 24th MCDUFFIE COUNTY Amends an Act providing for a seven-member Board of Education of McDuffie County, so as to change the provisions relating to compensation of the members of said board of education. HB 641 Hill, 4th BULLOCH COUNTY Provides for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden 616 JOURNAL OF THE SENATE Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Cagle Perdue Starr (presiding) Stokes (excused) Streat On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Thursday, February 27, 1997 TWENTY-FOURTH LEGISLATIVE DAY SB 265 Decedent Dying Intestate--relating to spouse's inheritance (S Judy--40th) SB 247 Certain Retired Peace Officers--no fee for license to carry weapon (Pub Saf-- 13th SB 230 Property--rebuttable presumption of certain land in child's possession (Judy-- 51st) SB 165 On-site Sewage Management Systems--Department of Human Resources adopt state-wide regulations (Substitute) (Amendment) (H&HS--llth) SB 228 Physical Therapy Act--definitions, board, licensing (C Aff-- 10th) HB 167 Georgia Coastal Management Act; enact (Nat R--12th) Baker--70th SB 140 Peace Officers' Misdemeanor, Felony Indictment--procedure (Judy--52nd) SB 263 Workers' Compensation--sports officials qualify as independent contractor, not employee (I&L--18th) SR 202 Ophthalmologists--recognize as best to treat diabetic eye disease (H&HS-- 35th) SB 209 Health Insurers/HMOs--no denial of payment after pre-authorization (SubstituteXH&HS--47th) Respectfully submitted, Isl Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 265. By Senator Egan of the 40th: A bill to amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to the rules of inheritance applicable when a decedent dies without a will, as amended, so as to change the provisions relating to a spouse's inheri tance. THURSDAY, FEBRUARY 27, 1997 617 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brush Cagle Hill Perdue Starr (presiding) Stokes (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The President assumed the Chair. SB 247. By Senators Bowen of the 13th, Streat of the 19th, Huggins of the 53rd and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th 618 JOURNAL OF THE SENATE Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Voting in the negative was Senator Egan. Those not voting were Senators: Brush Cagle Harbison Henson James Thomas of 10th Thompson Turner Tysinger Walker Perdue Stokes (excused) On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Perdue of the 18th introduced Ms. Frances V. Annis, retiring Houston County Probate Court Judge, commended by SR 201, adopted previously, who addressed the Senate briefly. Senator Ralston of the 51st introduced the doctor of the day, Raymond Parrish of Blue Ridge, Georgia. The Calendar was resumed. SB 230. By Senator Ralston of the 51st: A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the pre sumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Brush Glanton Scott Stokes (excused) THURSDAY, FEBRUARY 27, 1997 619 On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 165. By Senator Ragan of the llth: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a certain definition; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide that local county boards of health shall have certain duties relating to such systems. The Senate Health and Human Services Committee offered the following substitute to SB 165: A BILL To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide that the Department of Human Re sources shall adopt state-wide regulations relating to on-site sewage management systems; to provide an exemption for prior approved systems; to provide that local county boards of health shall have certain duties relating to such systems; to provide that county boards of health shall not have the authority to adopt standards and requirements relating to such systems; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing in its entirety Code Section 31-2-7, relating to individual sewage management systems, and inserting in lieu thereof the following: "31-2-7. (a) As used in this Code section, the term: (1) Individual fttJwctgt: uieiiictgeiiit;iit oyattJiu olmll memi a at;li uuiiLaint:u, un-sitc ocwclgeti tJdtmeiit ^jlciiit ui uuill^unciit ul ouuli ^jlctut LlejMj^ncil CO oci v & nu iijvji e tlictn uiic i csiutujuc tinil ci^j^jiuvt;Q lui oudi not; uy tlic LIIIeCtui tn tlic lijuviiuiiinciittil 1 iutcutiun Division uf the Depaitment of Natural Resumces. (1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas" (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoin ing bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other tfian a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for Human occupancy or congregation. Such term shall include, without limitation, con ventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (2)(4) 'Piupeily Prior approved system' means any individual sewage management only a cHamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of untmated sewage effluent and which: was properly approved pursuant to subparagraph (a)(2)(B) of this Code 620 JOURNAL OF THE SENATE section, as such Code section became law on April 19, 1994, for use according to manu facturers' recommendations, prior to the effective date of this Code section. {A) IXcio uctiii fcl^j^iuvctl ill a 1 egultiLluii ^Ji uiuul^iiteil \jy Llie ilc^jdi Liiidit, ui {,13} JllciA ucen H^J^JL uv cil TOT use ^jti Llit; mail ul^tul ui ci 6> i cCOmiiiciileiLnjii& uy Lltt: boaidb of health In a minimum uf ten ujuiilieH and lias peifuniied sallsfacluiy sei- ViCe iui a. jjei'iuu Qj.~~tii.i~ct; _yc&ls 01' roiiger. (3) otitiSIauLui'y sei'Viut; illt;a.iit> Liiat Hie 3 Upei'VlSui* ut tlic CQUTit^ Oil-Site pluj^raiTj liftS Stiltfeu ill. ~W I'jVtlHgf tlitit ctii. lliCllVlu ii3.1 "JcWiijjJfc iiitiiiigt;j.iifiiL SJjsLt;iii~uiL CQiiijJuiisnit lJ.it; I'cQI (4X5) 'Unsatisfactory service' means documented substandard performance as com pared to other approved systems or components. (b) The Department of Human Resources shall have the authority as it deems necessary and proper to adopt state-wide minim am blaiidaidb regulations for on-site, individual sewage management systems, including but not limited to stalldaids fui the siib and iHjusli udiuii of suplic tanks experimental and alternative systems. The department is authorized to require that any un-bite, individual such on-site sewage management sys tem be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for in stallation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Any un-sile, individual sewage man agement syslum which lias been piuptuly appiuved shall, by viiluu uf such appiuvcd and u.y u^jci ciLiuii ul Iciw , uv cj^j^jiuvctl Iui inaLdlldLiLiii in cvt;i^ tuLiiiL.y ul liuWcvtii, LlictL i^Ciull un-BlLc, ixiui v luuctl sewage luaiiftgdlidiL s^oLdii aliall Lit; icmtiictl LLI mebt lucal mgulatiuns autliuiized by law. Upon written request of three or more health districts, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfac tory service of such system or component thereof. Before any such examination or reex amination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination." SECTION 2. Said title is further amended by striking Code Section 31-3-5, relating to the functions of county boards of health, and inserting in lieu thereof a new Code section to read as follows: "31-3-5. (a) The Subject to the provisions of Code Section 31-2-7 and subsection (b) of this Code section, liach county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act which shall remain in force and effect, the following functions: (1) To determine the health needs and resources of its jurisdiction by research and by collection, analysis, and evaluation of all data pertaining to the health of the community; (2) To develop, in cooperation with the department, programs, activities, and facilities responsive to the needs of its area; (3) To secure compliance with the rules and regulations of the department that have local application; and (4) To enforce, or cause enforcement of, all laws pertaining to health unless the respon sibility for the enforcement of such laws is that of another agency. (b) Each county board of health shall have the power and duty to adopt regulations pro viding standards and requirements governing the installation of on-site sewage manage" rnent systems within the unincorporated area of the county, subject to the provisions of THURSDAY, FEBRUARY 27, 1997 621 Code Section 31-2-7 and any rules and regulations promulgated under such Code section. Such regulations shall include and be limited to the following: (1) Specifying the locations within the unincorporated area of the county where on-site sewage management systems may be installed"; (2) Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage manage ment systems; (3) Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems; (4) Issuing permits for the installation of on-site sewage management systems prior to such installation; and (5) Inspecting on-site sewage management system installations prior to the completion of the installation." SECTION 3. Said title is further amended by striking Code Section 31-3-5.1, relating to regulations for septic tanks and individual sewage management systems, and inserting in lieu thereof a new Code section to read as follows: "31-3-5.1. (a) In addition to the duties piuvided by Code Section 31-3-5, each county buaid uf health silclll liciv t; tiiG^JLJ wcj clllCtdllt/y CO cittOpL i cgu.ltiLj.OIlti ^*i uviuiiig otrt.iiu.cti tls millI'&trtlirtr- lenis within the UniiKoipoiated aiea uf the county. Such ibgulations shall include, but shall nut be limited tu, tlie following: V-L/ o^jcCilyiJ.!^ Lilt; lOCciLiOJiB w'itlim tlic uillilCui pOi'tittiCl ciilt;El Ol Llic Cuuiity wij-eit; otsjjtii; tanks ui individual sewage nianagement systems may be installed and the luuatiuiis WiiKit: suuli iiistallo.tj.uii is prOiiiuiteu, tlit;" 1111 Hi iUU Hi lot SiZiti Ol* Id-XlCl fti'tifl WiliCrk llla-J^ uc ui individual sewage management byhlum, \>j) i. iic t^y^jeS 01 I'tSldej-iSet), JjilIlCiin^ti, Oil i3.CiliLicc! VvlilCli iiifty ut; St;l*Vt;u. Dy ui individual sewage management systems, tor Llic iiistS.llu.Liuli ui Hti^jLiC tiUlJvii Ol1 iiiulViuufil tems piioi tu such installation, and \tj ) liiSJjt;CLiull Ol Sepl/ic t&iiK." Oi' iinlIViClukl sc Wfl^Jc I il & 11 &^^ Hi cut cfyBLtSIU liiSLcillciLlvjiife piiui to thu completion uf thu inslallaliuii. (W No building permit for the construction of any residence, building, or other facility which is to be served by a septic tank 01 individual sewage management system shall be issued by or pursuant to the authority of a county governing authority unless the septic lank ui individual sewage management system installation permit is in conformity with any btale-wide minimum standards contained in Code Section 31-2-7 for sewage manage ment systems 01 Llie i ules and legulaliuns of the county boaid uf health adopted piusuaiil to Qie authority of subbecliuii (a) of this Cudti section. No person, firm, corporation, or other entity shall install a septic tank ur individual sewage management system in violation of any stale-wide minimum standaids the provisions of Code Section 31-2-7 or the regulations of a county board of health adopted pursuant to the authority of subheuLiun (a) uf this Code seulkm Section 31-3-5. Each county governing authority shall pro vide by ordinance or resolution for the enforcement of the provisions of this subsection Code section." 622 JOURNAL OF THE SENATE SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective upon the Governor's approval or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Ragan of the llth offered the following amendment: Amend the committee substitute to SB 165 by adding "incorporated and" immediately preceding "unincorporated" on line 12 and line 17 of page 4. By striking "and" on line 29 of page 4. By striking the period and the quotation marks at the end of line 32 of page 4 and in serting "; and". By adding between lines 32 and 33 of page 4 the following: "(6) Providing for on-going maintenance of such systems.'" On the adoption of the amendment, the yeas were 39, nays 0, and the Ragan amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Hugging James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Brush Scott Stokes (excused) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 27, 1997 623 SB 228. By Senator Thomas of the 10th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to revise certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy; to provide for the qualifications of board members; to change provi sions relating to license requirements for physical therapists and physical ther apist assistants. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Brush Stokes (excused) On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Bowen of the 13th introduced E. C. (Boo) Addison, commended by SR 119, adopted previously, who addressed the Senate briefly. Senator Tanksley of the 32nd introduced Representatives and Players of the Buckhead Baseball T-League Red Sox, commended by SR 183, adopted previously. The President and Senator Perdue of the 18th introduced Mrs. Cindy Lamutt, wife of Senator Robert Lamutt of the 21st, commended by SR 226, adopted previously. Mrs. Lamutt addressed the Senate briefly. The Calendar was resumed. HB 167. By Representatives Baker of the 70th, Banner of the 159th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone. Senate Sponsor: Senator Taylor of the 12th. 624 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 Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Glanton and Stokes (excused). On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 140. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th: A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that procedure for indict ment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felo nies. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Broun of 46th Brown of 26th Brush Clay Crotts Dean Fort Gillis Griffin Henson Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Perdue Roberts Scott Streat Taylor Thomas of 54th Thompson Turner Those voting in the negative were Senators: Balfour Blitch Boshears Burton Cagle Cheeks Egan Glanton Gochenour THURSDAY, FEBRUARY 27, 1997 625 Guhl Johnson of 1st Oliver Price of 28th Price of 56th Ragan Ralston Ray Tanksley Tysinger Those not voting were Senators: Abernathy Harbison Johnson of 2nd Starr Stokes (excused) Thomas of 10th Walker On the passage of the bill, the yeas were 30, nays 19. The bill, having received the requisite constitutional majority, was passed. SB 263. By Senators Perdue of the 18th, Marable of the 52nd, Dean of the 31st and others: A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, so as to provide that certain sports officials qualify as independent contractors and not as employees. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Stokes (excused) Walker On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Perdue of the 18th assumed the Chair. SR 202. By Senators James of the 35th, Price of the 56th, Thomas of the 54th and Fort of the 39th: A resolution commending the Georgia Society of Ophthalmology and recognizing that ophthalmologists are the physicians best trained to treat diabetic eye dis ease. 626 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Abernathy Egan Perdue (presiding) Stokes (excused) Thompson Walker On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 209. By Senators Madden of the 47th, Oliver of the 42nd, Walker of the 22nd and others: A bill to amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan which has given prospective authorization for certain procedures may subsequently deny pay ment for the provision of such procedures. The Senate Health and Human Services Committee offered the following substitute to SB 209: A BILL To be entitled an Act to amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan may deny coverage of certain emergency procedures; to provide that no such entity which has given prospective authori zation for certain procedures may subsequently deny payment for the provision of such procedures; 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. Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, is amended by striking in its entirety Code Section 31-11-82, relating THURSDAY, FEBRUARY 27, 1997 627 to the evaluation of persons with emergency conditions, and inserting in lieu thereof the following: "31-11-82. (a) Once a person with an emergency condition presents himself or herself to an emer gency medical provider for emergency services, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury if such testing is appropriate to stabilize the patient's condition. (b) If in the opinion of the attending physician the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to sta bilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subse quently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention. (c) No insurer, health maintenance organization, or private health benefit plan which has given prospective authorization after the stabilization of a person's condition as provided in subsection (b) of this Code section for an evaluation, diagnostic testing, or treatment provided for in this article may subsequently deny payment for the provision of such evaluation, diagnostic testing, or treatment. An acknowledgment of an enrollee's eligibil ity for benefits by the insurer, health maintenance organization, or private health benefit plan shall not, by itself, be construed as a prospective authorization for the purposes of this Code section." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger 628 JOURNAL OF THE SENATE Voting in the negative was Senator Guhl. Those not voting were Senators: Abernathy Perdue (presiding) Stokes (excused) Thompson Walker On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 12:06 P.M., Senator Perdue of the 18th, who was presiding, an nounced the Senate adjourned. FRIDAY, FEBRUARY 28, 1997 629 Senate Chamber, Atlanta, Georgia Friday, February 28, 1997 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr President: The House has passed by the requisite constitutional majority the following bills of the House: HB 602. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. HB 727. By Representative Bridges of the 9th: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to terms of said court; to change the compensation of the judge and solicitor of said court. HB 731. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law," so as to provide that such tag sales shall be on a four-month nonstaggered basis. HB 732. By Representatives Randall of the 127th, Ray of the 128th, Birdsong of the 123rd and others: A bill to repeal an Act approved March 25, 1986, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health. HB 733. By Representatives Randall of the 127th, Ray of the 128th, Lucas of the 124th and others: A bill to amend an Act establishing a Board of Commissioners of Bibb County, so as to provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County. 630 JOURNAL OF THE SENATE HB 741. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to clarify the provisions relating to the compensation and benefits of such officer. HB 746. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change certain provisions relating to qualifications for retirement for a judge of the Civil Court of Bibb County. HB 748. By Representatives Bohannon of the 139th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. HB 587. By Representatives Walker of the 141st, Parham of the 122nd, Skipper of the 137th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994. HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health benefits. HB 407. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Greene of the 158th and others: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to pardons and paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive office. HB 510. By Representatives Shanahan of the 10th, Hanner of the 159th, Sauder of the 29th and others: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to author ize the director of the Environmental Protection Division of the Department of Natural Resources to grant a waiver of certain fees under certain circumstances. HB 438. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: 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 repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections. FRIDAY, FEBRUARY 28, 1997 631 HB 408. By Representative Barnes of the 33rd: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. HB 295. By Representative Lucas of the 124th: A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt. HB 416. By Representatives Martin of the 47th, Henson of the 65th, O'Neal of 75th and others: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for licensing of associate professional counselors. HB 451. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for four years. HB 620. By Representative Randall of the 127th: A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of outof-state-bail jumping. HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th and others: A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Com mission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 272. By Representative James of the 140th: A resolution authorizing the conveyance of certain state owned real property located in Taylor County. 632 JOURNAL OP THE SENATE HR 271. By Representatives Snelling of the 99th and Worthan of the 98th: A resolution authorizing the conveyance of certain state owned real property located in Douglas County. The following bills were introduced, read the first time and referred to committees: SB 326. By Senator Perdue of the 18th: A bill to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers dis abled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal. Referred to Committee on Retirement. SB 327. By Senator Dean of the 31st: A bill to repeal an Act approved February 27, 1987 which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Consti tution of the State of Georgia. Referred to Committee on State and Local Governmental Operations. SB 328. By Senator Clay of the 37th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; to provide for definitions; to pro vide requirements and limitations relative to obtaining such creditable service. Referred to Committee on Retirement. SB 329. By Senator Price of the 56th: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for legislative findings and purposes; to designate certain state owned areas as "dark area preserves"; to provide for rules and regulations relating to outdoor lighting in dark area preserves. Referred to Committee on Natural Resources. SB 330. By Senators Price of the 56th, Madden of the 47th, Walker of the 22nd and Tysinger of the 41st: 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 provide definitions; to require health insurers to provide coverage for inpatient care following certain surgical procedures; to provide for coverage by insurers of postsurgical care; to provide for regulations to be issued by the Commissioner of Insurance. Referred to Committee on Insurance and Labor. FRIDAY, FEBRUARY 28, 1997 633 SB 331. By Senators Brush of the 24th and Cheeks of the 23rd: A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to the organization of schools, so as to delete certain provisions relating to the organization of schools qualifying for middle school grants. Referred to Committee on Education. SB 332. By Senators Brush of the 24th and Cheeks of the 23rd: A bill to amend Code Section 20-2-154 of the Official Code of Georgia Annotated, relating to the remedial education program, so as to provide that certain stu dents in grades six through 12 may be eligible to receive remedial education services. Referred to Committee on Education. SB 333. By Senator Gochenour of the 27th: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds under the "Georgia Lottery for Ed ucation Act," so as to limit the total lottery proceeds from the Lottery for Educa tion Account to which each county and the residents thereof are entitled to in any calendar year; to provide for an effective date and applicability. Referred to Committee on Education. SB 334. By Senators Gochenour of the 27th, Price of the 28th and Glanton of the 34th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide jurisdiction and au thorize the juvenile court to order the payment of child support whenever legal custody of a child is removed from the parents of such child by order of the court; to provide for minimum and maximum amounts for such support; to provide for a penalty. Referred to Committee on Judiciary. SB 335. By Senators Hill of the 4th and Harbison of the 15th: A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertain ing to military personnel, so as to provide that a public employee with be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes. Referred to Committee on Defense and Veterans Affairs. SB 336. By Senators Starr of the 44th and Marable of the 52nd: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of a school system to enter into multiyear lease, purchase, or lease purchase contracts, so as to exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts. Referred to Committee on Education. 634 JOURNAL OF THE SENATE SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and Brush of the 24th: A bill to amend Code Section 32-6-75.2 of the Official Code of Georgia Annotat ed, relating to the authority of the commissioner of transportation to issue per mits for the trimming of trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation maintenance program for the promotion of tourism. Referred to Committee on Transportation. SB 338. By Senator Price of the 28th: A hill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the mem bers of the board of commissioners; to repeal provisions relating to the compen sation of the members of the board of commissioners. Referred to Committee on State and Local Governmental Operations. SB 339. By Senator Crotts of the 17th: A bill to amend an Act entitled "An Act to fix the compensation of the members of the Board of Education of Henry County," as amended, so as to change the compensation of such members. Referred to Committee on State and Local Governmental Operations. SR 244. By Senator Thompson of the 33rd: A resolution designating the Coogan Ray Bleodow Memorial Bridge. Referred to Committee on Transportation. SR 248. By Senators Gochenour of the 27th, Price of the 28th and Glanton of the 34th: A resolution proposing an amendment to the Constitution so as to provide that total outlays appropriated by the General Assembly for a fiscal year except out lays for repayment of debt principal shall not exceed anticipated total treasury receipts from existing revenue sources except those derived from borrowing; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Appropriations. SR 249. By Senators Turner of the 8th, Land of the 16th and Perdue of the 18th: A resolution to create the Joint Study Committee on Comprehensive Revision of the Elections Code; to provide for appointment, compensation, powers, and du ties of the committee; to provide for a chairperson; to provide for staff; to provide for submission of committee's findings regarding comprehensive revision of the elections code; to provide for its abolishment. Referred to Committee on Rules. SR 251. By Senator Thomas of the 54th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". Referred to Committee on Transportation. FRIDAY, FEBRUARY 28, 1997 635 SR 252. By Senators Thomas of the 54th and Huggins of the 53rd: A resolution honoring the Reverend Charles Walter Hayes and designating the "Reverend Charles Walter Hayes Memorial Highway" and the "Reverend Charles Walter Hayes Memorial Bridge". Referred to Committee on Transportation. The following bills were read the first time and referred to committees: HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th and others: A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Com mission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state. Referred to Finance and Public Utilities Committee. HB 295. By Representative Lucas of the 124th: A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt. Referred to Judiciary Committee. HB 407. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Greene of the 158th and others: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to pardons and paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive office. Referred to Corrections, Correctional Institutions and Property Committee. HB 408. By Representative Barnes of the 33rd: A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. Referred to Judiciary Committee. HB 416. By Representatives Martin of the 47th, Henson of the 65th and Jones of the 71st: A bill to amend Chapter IDA of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for licensing of associate professional counselors. Referred to Consumer Affairs Committee. 636 JOURNAL OF THE SENATE HB 438. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: 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 repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections. Referred to Youth, Aging and Human Ecology Committee. HB 451. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for four years. Referred to Public Safety Committee. HB 510. By Representatives Shanahan of the 10th, Hanner of the 159th, Sauder of the 29th and others: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to author ize the director of the Environmental Protection Division of the Department of Natural Resources to grant a waiver of certain fees under certain circumstances. Referred to Natural Resources Committee. HB 587. By Representatives Walker of the 141st, Parham of the 122nd, Skipper of the 137th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994. Referred to Public Safety Committee. HB 620. By Representative Randall of the 127th: A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of outof-state-bail jumping. Referred to Special Judiciary Committee. HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health benefits. Referred to Insurance and Labor Committee. HR 271. By Representatives Snelling of the 99th and Worthan of the 98th: A resolution authorizing the conveyance of certain state owned real property located in Douglas County. Referred to Finance and Public Utilities Committee. FRIDAY, FEBRUARY 28, 1997 637 HR 272. By Representative James of the 140th: A resolution authorizing the conveyance of certain state owned real property located in Taylor County. Referred to Finance and Public Utilities Committee. HB 602. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. Referred to State and Local Governmental Operations Committee. HB 727. By Representative Bridges of the 9th: A bill to amend an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to terms of said court; to change the compensation of the judge and solicitor of said court. Referred to State and Local Governmental Operations Committee. HB 731. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law," so as to provide that such tag sales shall be on a four-month nonstaggered basis. Referred to State and Local Governmental Operations Committee. HB 732. By Representatives Randall of the 127th, Ray of the 128th, Birdsong of the 123rd and others: A bill to repeal an Act approved March 25, 1986, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health. Referred to State and Local Governmental Operations Committee. HB 733. By Representatives Randall of the 127th, Ray of the 128th, Lucas of the 124th and Reichert of the 126th: A bill to amend an Act establishing a Board of Commissioners of Bibb County, so as to provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County. Referred to State and Local Governmental Operations Committee. HB 741. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to clarify the provisions relating to the compensation and benefits of such officer. Referred to State and Local Governmental Operations Committee. 638 JOURNAL OF THE SENATE HB 746. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change certain provisions relating to qualifications for retirement for a judge of the Civil Court of Bibb County. Referred to State and Local Governmental Operations Committee. HB 748. By Representatives Bohannon of the 139th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 220. Do pass by substitute. HB 277. Do pass. Respectfully submitted, Senator Middleton of the 50th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 83. Do pass by substitute. SB 276. Do pass by substitute. SB 270. Do pass. Respectfully submitted, Senator Oliver of the 42nd 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 631. Do pass. HB 675. Do pass. HB 655. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 142 SB 224 SB 308 SR 167 HB 110 HB 339 HB 459 SB 145 SB 244 SB 311 SR 213 HB 138 HB 380 HB 463 SB 146 SB 262 SB 313 SR 214 HB 205 HB 397 HB 479 SB 167 SB 289 SB 318 SR 236 HB 289 HB 415 HB 508 SB 179 SB 299 SR 8 HB 67 HB 321 HB 418 HR 49 SB 183 SB 306 SR 65 HB 85 HB 334 HB 428 HR 167 FRIDAY, FEBRUARY 28, 1997 639 Senator Clay of the 37th moved that Senator Johnson of the 1st be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Johnson of the 1st was excused. Senator Walker of the 22nd moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Stokes was excused. Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Harbison was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Hill Hooks Huggins Johnson of 2nd Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Fort Harbison (excused) Henson James Johnson of 1st (excused) Kemp Perdue (presiding) Stokes (excused) Thompson Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Thomas of the 54th introduced the chaplain of the day, Reverend Jim Burgess, pastor of Fellowship Bible Church, Dalton, Georgia, who offered scripture reading and prayer. Senator Henson of the 55th introduced L. E. (Sonny) Deavours, commended by SR 240, adopted previously, who addressed the Senate briefly. 640 JOURNAL OF THE SENATE The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 Mr. Frank Eldridge, Jr. Secretary of Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge: Please note that I was present in the Senate on Friday, February 28, 1997. Thank you for your cooperation. Sincerely, /s/ Donzella J. James The following resolutions were read and adopted: SR 247. By Senators Perdue of the 18th, Cagle of the 49th, Ray of the 48th and others: A resolution recognizing and commending Jim Tudor. SR 250. By Senators Thomas of the 54th and Huggins of the 53rd: A resolution commending Willard Ralston upon the occasion of his retirement as Clerk of Superior Court of Gilmer County. 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, February 28, 1997 TWENTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 631 Langford, 29th HEARD COUNTY Amends an Act providing for the Heard County Board of Education, so as to provide a new method of compensating the members of the Heard County Board of Education. HB 655 Gillis, 20th Cheeks, 23rd JEFFERSON COUNTY Amends an Act creating the State Court of Jefferson County, so as to change the provisions regarding the compensation of the judge and solicitor-general of such court. HB 675 Brush, 24th LINCOLN COUNTY Amends an Act creating the Board of Commissioners of Lincoln County, so as to change the terms of the commissioners for concurrent to staggered terms. FRIDAY, FEBRUARY 28, 1997 641 The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Harbison (excused) Johnson of 1st (excused) Perdue (presiding) Stokes (excused) On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Friday, February 28, 1997 TWENTY-FIFTH LEGISLATIVE DAY SB 154 Banking and Finance -- provide senior deputy commissioner (Substitute) (B&FI--8th) SR 88 Walter L. Dasher Memorial Bridge -- designate (Trans--4th) SR 164 Clarke, Crisp, Gordon, Gwinnett, Others -- water, sewer easements (Substi tute) (F&PU--44th) SR 166 Clinch, Fulton, Gwinnett Counties -- conveyance of state property (F&PU-- 44th) SR 194 Food and Drug Administration -- urge reform for quick, safe marketing (H&HS--27th) SR 196 Chatham County -- certain utility easement, state property (F&PU--2nd) SB 119 State Depository Board -- change membership (B&FI--33rd) SB 219 Hospitals -- staff psychologist appointment, powers, privileges (H&HS--44th) 642 JOURNAL OF THE SENATE SB 21 Historic Landmarks -- Board of Education policy regarding certain facilities (Substitute) (Ed--26th) SB 273 Elections -- identification required (SLGO--G--4th) SB 284 Notaries Public -- transfer of certain record keeping, fees (SLGO--G--18th) SB 77 Stone Mountain Judicial Circuit -- provide for tenth judge (Judy--42nd) SB 125 Municipal, Superior Courts -- costs, fines, trials of illegality (S Judy--33rd) SB 303 Examining Boards -- joint secretary retain collection fees to defray costs (SLGO--G--55th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage; SB 154. By Senator Turner of the 8th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for a senior deputy commis sioner of banking and finance; to subject assistant deputy commissioners to the same rules as deputy commissioners; to change certain restrictions on the com missioner, deputies, assistants, and examiners relating to conflicts of interest; to provide for rule-making authority to address Internet banking and other techno logical advancements. The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 154: A BILL To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for a senior deputy commissioner of banking and finance; to subject assistant deputy commissioners to the same rules as dep uty commissioners; to change certain restrictions on the commissioner, deputies, assist ants, and examiners relating to conflicts of interest; to provide for rule-making authority to address Internet banking and other technological advancements; to change procedures for removal or suspension of bank directors, officers, and employees; to create an expedited approval process for certain bank transactions; to expand a bank or trust company's inci dental powers; to allow the sale of investment products; to provide for conversion of mutual savings banks and similar entities and their powers, obligations, and operations; to change certain requirements relating to the composition of bank and trust company boards; to change audit submission procedures; to define "trust production office"; to expand the defi nition of bank; to change restrictions on automated teller machines; to change certain pro visions relative to mergers; to define "check casher" and to provide for departmental review and fees; to change rules relating to certain currency transactions and related report fil ings; to clarify rules relating to obtaining exemptions from getting a mortgage broker or lender license; to change procedures on the issuance of cease and desist orders; to correct certain grammatical errors; to delete outdated terms; to clarify legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 28, 1997 643 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institu tions, is amended by striking in its entirety subsection (c) of Code Section 7-1-3, relating to the objectives of this chapter and standards for construction and regulation, which reads as follows: "(c) It is the intention of the General Assembly to leave intact the laws of the State of Georgia relating to branch banking and bank holding companies as such laws existed prior to April 1, 1975; and this chapter shall not be construed to change such laws in any way." SECTION 2. Said chapter is further amended by striking Code Section 7-1-34, relating to a vacancy in the office of commissioner, and inserting in lieu thereof a new Code section to read as follows: "7-1-34. In the event there shall be a vacancy in the office caused by death, resignation, disability, disqualification, suspension, or removal of the commissioner, a the senior deputy com missioner ofbankinganAfinance previously designated by the commissioner as provided in Code Section 7-1-35 shall exercise the powers and perform the duties of the commis sioner until a successor is appointed and qualified to serve for the unexpired term of the commissioner." SECTION 3. Said chapter is further amended by striking Code Section 7-1-35, relating to the deputy commissioner, and inserting in lieu thereof a new Code section to read as follows: "7-1-35. (a) The commissioner shall appoint from time to time, with the right to discharge at will, uiie ur moie a senior deputy commissioners, v, ho commissioner of banking and finance. The commissioner may appoint additional deputy"commissioners as needed. All deputy commissioners shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper man ner the duties imposed upon the commissioner by law, subject to any applicable rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the commissioner shall be in the unclassified service. Further, all persons in the positions of assistant deputy commissioner, supervi sory examiner, and senior financial examiner shall be in the unclassified service. All persons in the positions of district director, assistant deputy commissioner, supervisory examiner, and senior financial examiner shall have had at least five years of experience as an examiner in a federal or state agency supervising financial institutions. All other personnel of the department including assistant financial examiners and financial exam iners shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term 'state merit system' shall mean that system established pursuant to Article 1 of Charter 20 of Title 45. (b) Within the limitations of its annual appropriation, the department may expend funds pursuant to the authority granted under Article VIII, Section VII, Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment, training, and certification of a 644 JOURNAL OF THE SENATE professional staff of financial examiners. The department may provide for he participa tion of examiners in such educational, training, and certification programs as the com missioner deems necessary to the continued qualification and recognition of the professional status of examiners. The department may recognize independent certifica tion of professional qualifications as supplemental to the rules and regulations of the state merit system in considering the personnel actions relative to its examiners." SECTION 4. Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputies, and assistants, and inserting in lieu thereof a new Code sec tion to read as follows: "7-1-37. (a) Except as provided in subsections (c) and (d) of this Code section, neither the commis sioner, any deputy commissioner or assistant deputy commissioner, nor any examiner employed by the department shall directly or indirectly: (1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attor ney, or subsidiary of a financial institution; (2) Own any share in or securities of a financial institution or otherwise have an own ership interest in a financial institution; or (3) Engage in the business of a financial institution. (b) For purposes of this Code section and subject to subsection (c) of this Code section, the term 'financial institution' shall include a bank holding company and any subsidiary of a bank holding company. (c) Notwithstanding the provisions of subsection (a) of this Code section, the commis sioner, any deputy commissioner or assistant deputy commissioner, and examiners em ployed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided the obligee financial institution or subsidiary is not examined or regulated by the department. For the purposes of this subsection, a finan cial institution shall not be considered regulated solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is owned or controlled by another bank or corporation which is or may be examined or regulated by the department. All undertakings extensions of credit, including but not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorse ment, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All undertakings credit obligations of a similar nature to those set forth above on the part of any assistant deputy commissioner or examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commis sioner, or any assistant deputy commissioner, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the finan cial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $10,000.00 1101 to a consume! loan not in excess of $20,000.00 iiiaue to iiit; eiiiplGyue wiiGrs ins moii6y, property, ui s6rviC6S wnicli HTG the subject oi the ti'dilcJclCtlOil fl.i'u pi^iiiio.i'ily lOi' pei'Suiicil, ifciiiiil^y, Gi* liuu-sciiulCl jJui'^jOSc FRIDAY, FEBRUARY 28, 1997 645 luan ui1 luans seemed by the employee's personal lebiJeuce, nor to any other credit obliga tion fully secured by the pledge of a deposit account in the lending institution, provided that the financial institution is not within the employee's assigned examination author ity and provided the rates and terms of all such obligations are not preferential in com parison to similar obligations of the financial institution's other customers. Such exempt obligations shall, however, be reported as provided in subsection (c) of this Code section, and the employee shall be disqualified from any dealings with the obligee financial institution. (e) No examiner, which for the purposes of this Code section shall include a supervisor as defined by the department, may examine a financial institution to which he or she is indebted, nor may an examiner obtain credit from a financial institution if he or she has examined such financial institution in the preceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner. This subsection is included as an additional precaution and is not intended to preclude the operation of any other applicable law or regulation. (f) No director, officer, agent, employee, or attorney of a financial institution, individually or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commis sioner, any deputy commissioner, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential. (g) The commissioner, any deputy commissioner; or assistant deputy commissioner, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (h) The commissioner may adopt additional supplementary administrative policies and or departmental rules governing ethical conduct and conflicts of interest on the part of employees of the department and providing certain definitions to effectuate the purposes of this Code section." SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 7-1-61, relating to rules and regulations, and inserting in lieu thereof a new subsection to read as follows: "(c) Rules and regulations promulgated by the department may provide for controls, re gistration, or and restrictions reasonably necessary to: (1) Prevent pievnut unfair or deceptive business practices which are prohibited under Code Section 10-1-393; (2) Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the Internet or other telecommunication capabilities; or (3) Prevent or control unfair or deceptive business practices which would unfairly operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate." SECTION 6. Said chapter is further amended by striking subsection (d) of Code Section 7-1-64, relating to department examinations and investigations, and inserting in lieu thereof a new subsec tion to read as follows: "(d) Employees of the department shall not divulge any information or provide prior no tice, directly or indirectly, to any officer, director, agent, representative, or employee of a 646 JOURNAL OF THE SENATE financial institution concerning the time or date of examination of the financial institu tion except in accordance with internal policy prescribed by the commissioner. Employ ees violating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal." SECTION 7. Said chapter is further amended by striking Code Section 7-1-71, relating to removal of officers, directors, or employees, and inserting in lieu thereof a new Code section to read as follows: "7-1-71. (a) The department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it: (1) To to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution; or (2) (To have) persistently Lu have violated the laws of this state; or (3) To have violated the lawful orders, or regulations, or conditions of a written agree ment of or with the department;; (4) To whu shall have been indicted for any crime involving moral turpitude or breach of trust;; (5) To or who shall have evidenced an inability to conduct his or her own financial affairs or the affairs of a company in which such individual owns a majority interest or has responsibility for financial matters in a fiscally responsible, diligent, or lawful fashionfor (6) To have engaged in any unsafe or unsound practice in connection with any insured depository institution. (b) The department shall serve written notice upon the party of its determination to sus pend such person from office pursuant to subsection (a) of this Code section. The suspen sion order shall be effective upon such service. ttr)(c) Any person suspended under subsection (a) of this Code section may request his or her reinstatement in writing delivered to the department within ten days of his or her suspension. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed. fc) (d) Upon request for reinstatement, the department shall conduct an internal review of ffie matter during which such person has the opportunity to state his or her case to the commissioner. The department shall deliver the findings of the hearing to such person. If the person requests further review, the department may refer the matter to the state agency for administrative hearings under Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act,' where a nonpublic hearing shall be held to review the depart ment's decision, ariiearing to determine if the luiustaUmuiiit should be gi anted 01 the lemoval made puimautmL The final decision of the department shall be conclusive, ex cept as it may be subject to judicial review under Code Section 7-1-90." SECTION 8. Said chapter is further amended by striking Code Section 7-1-74 relating to the annual report of the department, and inserting in lieu thereof a new Code section to read as follows: "7-1-74. For each calendar year the department shall compile and publish an annual report in such form and containing such information as it may determine necessary to summarize reasonably its operations. The report shall may contain recommendations which the de partment may have for changes in the laws governing financial institutions." FRIDAY, FEBRUARY 28, 1997 647 SECTION 9. Said chapter is further amended by adding following Code Section 7-1-78, relating to agree ments with other state or federal regulatory authorities, a new Code section to read as follows: "7-1-79. (a) The department may determine that formal approvals for certain transactions or ac tivities to be conducted by its regulated entities are not necessary but may be replaced by a discretionary expedited approval process to begin with written notice to the depart ment by the entity which describes the transaction or activity in a form and with a speci ficity acceptable to the department. For such instances, the department shall promulgate rules and regulations consistent with the authority provided to it in this chapter. (b) In the exercise of the discretion permitted by this Code section, the commissioner shall consider: (1) Whether the transaction or activity poses unacceptable safety and soundness risks; (2) Whether the transaction or activity is warranted only for financially strong and well-managed institutions, as such institutions are further defined in department regulations; (3) Whether the transaction or activity is necessary to reduce the burden on financial institutions or other entities which the department regulates; (4) Whether the transaction or activity will assist regulated entities in remaining com petitive and responsive to both economic and consumer demands; and (5) Whether the transaction or activity is consistent with the objectives of this Code section." SECTION 10. Said chapter is further amended by striking Code Section 7-1-241, relating to restrictions on engaging in the banking business, and inserting in lieu thereof a new Code section to read as follows: "7-1-241. (a) No person or corporation may lawfully engage in this state in the business of banking or receiving money for deposit or transmission or lawfully establish in this state a place of business for such purpose, except a bank, a national bank, a credit union to the extent provided in Article 3 of this chapter, a licensee engaged in selling checks to the extent permitted by Article 4 of this chapter, an international banking agency to the extent provided in Article 5 of this chapter, a building and loan association to the extent pro vided in Article 7 of this chapter, or a savings and loan association to the extent provided by the laws of the United States. (b) None of the following shall be deemed to be engaged in the business of receiving money for deposit or transmission within the meaning of subsection (a) of this Code section: (1) A club or hotel to the extent it receives money from members or guests for tempo rary safekeeping; (2) An express, steamship, or telegraph company to the extent it receives money for transmission; (3) An attorney at law, real estate agent, fiscal agent, insurance company, utility com pany, or any other person or corporation to the extent he or she or it receives and transmits money solely as an incident to a business or profession not governed by this chapter; 648 JOURNAL OF THE SENATE (4) Persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial trans actions resulting from and initiated at the point of the sale of goods or services; pro vided, however, no such person or corporation shall receive deposits except as provided in Code Section 7-1-603 or otherwise engage in the business of banking; or (5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or sav ings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer. (c) The department is authorized to promulgate regulations and establish policy, consis tent with the objectives of this chapter, which objectives include for the purposes of this Code section providing for appropriate competition between financial institutions and other financial organizations and protection of the interests of depositors, to further de fine, restrict, or require registration of entities which provide financial products and serv ices to the citizens of this state via the Internet, other on-line access to financial products and services, or alternate methods of delivery which differ from geographically based banking?* SECTION 11. Said chapter is further amended by striking Code Section 7-1-261, relating to additional operating powers of banks and trust companies, and inserting in lieu thereof a new Code section to read as follows: "7-1-261. Banks and trust companies shall, in addition, have the power: (1) To act as agent of the United States or any public body thereof for the sale or issue of bonds, notes, or other obligations of the United States, or those for which the full faith and credit of the United States is pledged, and to grant security interests in its assets for the faithful performance of its duties as agent; (2) To receive for safekeeping or to rent out receptacles or safe-deposit boxes for the deposit of papers and other personal property; (3) To grant security interests in their assets for borrowings authorized by this chapter and to dispose of their assets in the same manner as corporations generally; (4) To give bond in any proceeding in any court in which they are a party or upon any appeal in any such proceeding and to secure such bond; (5) To acquire and hold real property to the extent permitted by Code Section 7-1-262; (6) To acquire and hold stocks and investment securities subject, in the case of banks, to the restrictions of Code Sections 7-1-287 and 7-1-288 and, in the case of trust institu tions, to the restrictions of Code Section 7-1-312; (7) To acquire and hold personal property necessary in the exercise of powers conferred by this chapter; FRIDAY, FEBRUARY 28, 1997 649 (8) To acquire and hold any property in order to avoid loss on an evidence of indebted ness, agreement for the payment of money, or an investment security previously ac quired lawfully and in good faith subject to the restrictions of Code Section 7-1-263; (9) To hold property lawfully held on April 1, 1975, irrespective of any restriction or limitation in this chapter, subject to the inclusion of any such property in any computa tion of limitation on the acquisition of property of like character under this chapter; (10) To enter into an agency relationship as defined in Code Section 7-1-4 subject to restrictions and qualifications prescribed by regulations of the department; and (11) To have and exercise all powers necessary, or convenient, or incidental to effect any and all purposes for which the bank or trust company, and its subsidiaries and affiliates, is organized, provided that the commissioner may establish approval proce dures by regulation for additional powers as needed to satisfy the objectives of this chapter. Such powers shall include but not be limited to: sale of securities, annuities, and other investment products upon the order of and for the account of its customers, subject to applicable federal or state securities requirements; sale of insurance subject to" state licensing requirements and applicable departmental regulations and policies; sale or lease of excess computer capacity; expansion of customer services through the use of technology; other powers including those bank and trust powers authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288; and other such powers to carry on banking, trust, or other activities determined by the commissioner to be financial in nature and to cany uu a banking ui LmsL business consistent with the objectives of this chapter and the regulations of the department." SECTION 12. Said chapter is further amended by striking Code Section 7-1-288, relating to corporate stock and securities, and inserting in lieu thereof a new Code section to read as follows: "7-1-288. (a) Except as provided in subsections (b) and (c) of this Code section and in Code Section 7-1-261, a bank may not engage in any transaction with respect to shares of stock or other capital securities of any corporation. (b) A bank may: (1) Engage in transactions with respect to issuance and transfer of shares of its own stock and capital securities and in other transactions with respect to such stock and capital securities authorized by this chapter; (2) Purchase and sell shares of stock, bonds, and capital securities, and other invest ment products upon the order of and for the account of a customer without recourse against it; (3) Receive a pledge or other security interest in stock or capital securities in order to secure loans made in good faith, except that it may not receive such interests in its own stock or capital securities nor lend in one or more transactions, involving one or more borrowers, more than 30 percent of its statutory capital base on the stock or capital securities of any corporation (including therein loans made directly to the corporation without ample security but excluding obligations representing the sale of federal or correspondent funds to another financial institution). The department may, by regula tion or otherwise, specify that two or more corporations are so interrelated that their stock shall be regarded as the stock of one corporation for the purposes of this subsection. (c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account: (1) Shares of stock of a federal reserve bank without limitation of amount; (2) Shares of stock of: 650 JOURNAL OF THE SENATE (A) Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing; (B) A business development corporation or small minority business development cor poration authorized under Article 6 of this chapter; (C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system; (D) A bank service corporation created to provide support services for one or more financial institutions; (E)(i) A banking institution principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either di rectly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its oper ations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or (ii) A banking institution which is engaged in providing banking or other financial services to such extent as is permitted by regulations of the department to deposi tory financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to;^ conducting a safe-deposit busi ness;; holding real estate;; acting as a financial planner or investment advisor;; offering of a full range of investment products;; promoting and facilitating international trade and commerceror ; and exercising powers incidental to the banking business financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to func tions or activities which include exercising powers granted by department regulations oF exercising powers determined by the commissioner to be financial in nature or inci dental to the provision of financial services, so long as these activities do not pose un due risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 7-1-3; provided, however, noth ing contained in this Code seuliun subparagraph shall exempt any such corporation from undertaking registration, licensing, or other qualification to engage in such func tions or activities as may otherwise be required by law; and (G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the 'Georgia Nonprofit Corporation Code/ for the purpose of meet ing the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest, provided that the bank's investment in any such category of stock under this paragraph shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph without the prior approval of the department; (3) Shares of stock of small business investment companies organized under acts of Con gress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base; and FRIDAY, FEBRUARY 28, 1997 651 (4) Shares of stock or partnership interests in a corporation or partnership the primary business of which, as determined by the department, is to promote the public welfare or community development by engaging in the development of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be subject to such limitations and approval procedures as the department deems necessary in order to as sure that such investments are not a safety and soundness concern." SECTION 13. Said chapter is further amended by striking Code Section 7-1-293, relating to savings banks and state savings and loan associations, in its entirety and inserting in lieu thereof a new Code section to read as follows: "7-1-293. (a) A bank desiring to be accorded treatment under this chapter as a savings bank or state savings and loan association shall so state in its articles. (b) A savings bank or a state savings and loan association may apply to the department for permission to relinquish its status as a savings bank or state savings and loan associ ation and become a commercial bank by filing an appropriate amendment to its articles. The department may exercise its discretion in determining whether to approve such a change and shall consider in connection therewith the same criteria considered in ap proving the original articles of incorporation. (c) A savings bank shall provide its depositors with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to commercial banks. A state savings and loan association shall provide its depositors, but not its shareholders, with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to building and loan associations. (d)(l) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. Ail SiiClii uileoaiitji cgtilcitiOii& ci^j^jliCafjlc CD uuilvlingmillluciiitiSsuuidtiuiio olicilluc ix^j^lluciulc tu t stcltt StlVillgB clllLl lutill tttSHUdclllUll. (2) The commissioner shall not approve an application of a financial institution re questing conversion to a commercial bank or a mutual savings bank unless such finan cial institution divests itself of all branches which were not lawfully established and in existence prior to July 1, 1996, or which do not conform with the branch banking laws of this state if established on or after July 1, 1996. Any federal mutual (3) Effective Januaiy 1, 1987, uvuiy slate savings and luau oj building bank or federal mutual savings and loan association authorized tu do business in this state with li Banking location in Georgia prior to July 1, 1996, which converts to a state charter, Snail be guvemeil ijy tilt: pl'uVisiuns ul (Juile otJutluilS Y-1-GU1 tlll'uugli Y-l-uU'i, piuviutJU, however, any biauch, uffice, ui facility entitled to retain the banking locations lawfully established by such state savings and luan in building and loan association and opeiating un such effective date may continue tu upeiale aftei such effective date in Georgia which conform to the limitations of this subsection. (e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, including a federal mutual savings and loan association or federal mutual savings bank, shall be accomplished pursuant to the same procedures as are pre scribed in this chapter for a conversion, merger, mid or consolidation involving a national bank, provided that any federal mutual savings bank or federal mutual savings and loan association converting to a Georgia mutual savings bank must have been in existence on January 1, 1997, and must have had its main office in the State of Georgia; and provided, further, that the approval of such conversion by the members of such association or bank shall be by such vote as is required in the articles of association and bylaws of such 652 JOURNAL OP THE SENATE association or bank. A federal mutual sayings and loan association or federal mutual savings bank shall upon conversion be and be known as a mutual savings bank. Conver sion of a building and loan association into a savings bank or state savings and loan association may be made with the approval of the department and an appropriate amendment of the articles of incorporation of the association. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or fed eral savings bank or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all bor rowers, depositors, and shareholders. (f)(l) Unless ullimwise piuvided, Pails 7 tlauugh 10 uf AUicle 2 of tliit. chapUu The conversion, merger, or consolidation of a federal mutual savings and loan association holding company or federal mutual savings bank holding company shall be applicable accomplished pursuant to the management and cuipui'ate affaiib of any slate same procedures as are prescribed in this chapter for a conversion, merger, or consolidation Involving a national bank, provided that the approval of such conversion shall be by s\ich vote of the members of such holding company as is required in the articles of association and bylaws of such holding company but shall be further conditioned upon trie conversion of the federal savings and loan association or federal savings bank sub sidiary of such holding company to a savings bank contemporaneously with the holding company's conversion! (2) A state mutual savings bank holding company shall be subject to all of the rules and regulations of the department as if it were a commercial bank organized under his chapter, provided that it shall be authorized to own the stock of a savings bank subsidiary. (g) With respect to the corporate governance of a mutual savings bank or mutual savings bank holding company, the members of the savings bank or holding company as defined in the articles of association, subject to the approval of the department, shall be the equivalent of the shareholders of a commercial bank or bank holding company having such rights, preferences, and powers and subject to such limitations as may be contained in the rules and regulations of the department and in the articles of association and bylaws of the savings bank or holding company approved by the department. (h) Except as provided therein, Article 1 of this chapter and all other parts of this article shall apply to all mutual savings banks, savings banks, and state savings and loan associations. (i) Unless otherwise provided, the provisions of Part 18 of this article applicable to bank holding companies shall be applicable to mutual savings bank holding companies and unless specifically exempt therein, all rules and regulations promulgated by the depart ment applicable to bank holding companies shall be applicable to mutual savings bank holding companies. (j) In the event that a federal mutual savings and loan association or federal mutual savings bank upon conversion to a savings bank would own or hold assets or engage in any business that would not be allowable for a commercial bank, then the plan of conver sion presented to the department shall include a plan for disposal of such assets or the termination of such nonconforming business within a reasonable time but in no event longer than four years from the date of the conversion." SECTION 14. Said chapter is further amended by striking Code Section 7-1-370, relating to deposits by banks, and inserting in lieu thereof a new Code section to read as follows: "7-1-370. (a) Subject to the restrictions of subsection (b) of this Code section and of Code Section 71-371 in regard to reserve funds, a bank may deposit its funds in any depository which is: FRIDAY, FEBRUARY 28, 1997 653 (1) Selected by, or in any manner authorized by, its directors; (2) Authorized by law to receive deposits; and (3) In the case of a depository located in the United States, one which has deposit insurance issued by or equivalent to deposit insurance provided by a federal public body to depositories of the type involved. (b) If a director of the bank has a relationship to a depo&itoi depository as either: (1) An officer or director; or (2) An owner of 5 percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship." SECTION 15. Said chapter is further amended by striking Code Section 7-1-480, relating to boards of directors, and inserting in lieu thereof a new Code section to read as follows: "7-1-480. (a) Administration of the business and affairs of a bank or trust company shall be the responsibility of a board of directors. (b) Each director shall be a citizen of the United States and at least CO peiceiil a majority of the directors shall: (1) Reside in Georgia; and or (2) Reside in the county in which the lygisteied ufficy of the bank ur trust cuiupauy is ui is piupused to be located 01 within 40 miles of any office tliei euf inGeprgia author ized to offer a complete banking or trust service; provided, however, the department may waive this piuvision or modify the requirements of this subsection with respect to special purpose banks organized pursuant to subsection (c) of Code Section 7-1-394. (c) Notwithstanding other provisions of this Code section, directors who were legally qualified to serve on April 1, 1975, may continue to serve for such time as they are contin uously members of the board of directors of their bank or trust company." SECTION 16. Said chapter is further amended by striking Code Section 7-1-487, relating to audits and financial reports, and inserting in lieu thereof a new Code section to read as follows: "7-1-487. (a)The board of directors shall at least once each year have made by independent certi fied public accountants an audit of the books and affairs of the bank or trust company, including such matters as may be required by the department and including, in the case of a trust company, accounts held in a fiduciary or other representative capacity. An audit of a bank holding company performed in accordance with this Code section may be made in lieu of individual audits of subsidiaries of the bank holding company. The de partment may by regulation establish minimum standards for audits and reports under this Code section. (b) A report of the audit made under subsection (a) of this Code section shall be signed by the accountants who make it. and filed with the dupai tment, and a A signed copy of the report shall be submitted to the board for approval or rejection and kept in the files of the bank or trust company. The bank or trust company shall submit the audit to the depart ment in accordance with department regulations." 654 JOURNAL OF THE SENATE SECTION 17. Said chapter is further amended by striking subsection (a) of Code Section 7-1-530, relating to authority for mergers and consolidations, including those across state lines, and in serting in lieu thereof a new subsection to read as follows: "(a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching laws and regulations, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust pow ers alone may merge or consolidate only with another such trust company." SECTION 18. Said chapter is further amended by striking subsection (a) of Code Section 7-1-550, relating to authority for national to state bank or trust company conversions, mergers, and consoli dations, and inserting in lieu thereof a new subsection to read as follows: "(a) Subject to this part and any applicable branching law or regulation, a national bank located in this state may convert into, or merge or consolidate with, a bank or trust com pany upon: (1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion, merger, or consolidation by the share holders and directors of the national bank and to dissenting rights of shareholders in such national bank; (2) Adoption of any plan of merger or consolidation by the directors and shareholders of any party thereto existing under the laws of this state as required by paragraph (2) of subsection (a) of Code Section 7-1-531; (3) Approval of the conversion, merger, or consolidation by the department as provided in this part; and (4) Issuance of the appropriate certificate by the Secretary of State as provided in this part." SECTION 19. Said chapter is further amended by adding at the end of Code Section 7-1-590, relating to definitions, a new paragraph to read as follows: "(5) 'Trust production office' shall mean a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. The trust institu tion desiring to establish such an office in this state must apply to the department on forms provided by the department, must be approved by the commissioner to engage in sales activities in this state, and must register and pay any fees required for a represen tative office under Code Section 7-1-593. Sales activities shall consist primarily of mar keting or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary outside of this state. The department shall be permit ted to examine such trust production offices to ascertain whether they are limiting their activities as prescribed." SECTION 20. Said chapter is further amended by striking Code Section 7-1-600, relating to definitions, and inserting in lieu thereof a new Code section to read as follows: "7-1-600. As used in this part, the term: (1) 'Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other com mercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, FRIDAY, FEBRUARY 28, 1997 655 or other evidences of debt, and shall include incorporated banks, savings banks, bank ing companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks; or building and loan associations; or similar associations or corpora tions; provided, however, that Code Sections 7-1-590 through 7-1-594, providing for the registration of representative offices; Code Section 7-1-601, regulating the operation and establishment of branch banks and taxation of banks, branch bank offices, and bank facilities; Code Section 7-1-602, regulating the establishment of bank offices and bank facilities; Code Section 7-1-603, regulating the expansion of existing facilities; and Code Sections 7-1-605 through 7-1-608, restricting the acquisition and ownership of bank shares or assets, shall apply to national banks and all other persons, corpora tions, or associations, by whatever authority organized, doing a banking or trust busi ness in this state. 'Bank' shall include 'bank office,' 'bank facility,' 'parent bank,' and 'branch bank,' unless the context indicates that it does not. (2) 'Bank facility' means any additional place of business of a parent bank or branch bank located in the same county in which said parent bank or branch bank is situated and which has obtained a permit to operate a limited banking service in the manner and under the conditions provided in this part. (3) 'Bank holding company' means 'bank holding company' as defined in Code Section 7-1-605. (4) 'Bank office' means any additional place of business of a parent bank or a branch bank located in the same county in which said parent bank or branch bank is situated and which has obtained a permit to operate a complete banking service in the manner and under the conditions provided in this part. (5) 'Branch bank' means any additional principal place of business of any parent bank located in a county other than in the county which is specified in the articles of the parent bank and wherein the parent bank is situated. (6) 'City' or 'town' means a municipal corporation incorporated and chartered pursuant to an Act of the General Assembly which described the territorial boundaries and lim its of such municipal corporation. (7) 'County' means a political subdivision of this state organized pursuant to an Act of the General Assembly which described the territorial boundaries and limits thereof and is named as a county in Code Section 36-1-1. (8) 'Parent bank' means the principal place of business where the general business of each bank shall be transacted in the particular city; or_ town, ui village specified in its articles. (9) 'Village' means an assemblage or aggregation of houses for dwelling ur business, ui buth, icafsunably uuiitlglluus lu ecu;h uLlici mid lueuluiciblt; ami judicially knuwii ao a villtige ui cumin unityOut uiiniuui ^jui ciLetl ctmj nut ulicu'td'etl as a iiiuiiid^jcil uiiJei the laws uf the State of Georgia. Fui the puipusu of this pait, th boundaries and limits-, uf each village m which a parent bank is located shall be fixed by the department 011 Apiil 12, 19G3, and thereaflei upon the grant uf a cluutei lu the -DflliK SlvUelteu 111 & Villiigftjj pi'uviueQ, llOWeVei'j the tei'i'ltoriai buuiiua.i'ies ailu llllilts OI d village Sliall liot eXltiiCl uOyGilQ tlli'cc iinIGS lH U~iy Clii.~tJCtiO.ii ITOlll til6 (t?Ojx{i'fct|jliiC CunLei" oi tri6""VllIfci^& and sliall ilOL CGiitiUll Inurt; Llittii iZi SC{llcir; lHil6S"iii Lutcil flrt^ci, iiJlu. pl*O~ vided, fiaHim, Chat a plat showing Ihe boundary of such village shall be filed in the oinCe oi tlit; u6partiiit;ilt a.s ci public i"6cti'u, mid, SiSG provided, tiidt SUCll Vllmj^t: Siiek.ll llOl GXtGllQ liltu tilt; C611rtui'y, Oi' iiiCDrpOrSt^Q Sl'trtl., ul 'day illU 1.11 Clpill COi^pui'ttLlOIlT 656 JOURNAL OF THE SENATE SECTION 21. Said chapter is further amended by striking subsection (c) of Code Section 7-1-603, relating to extension of existing banking facilities through the use of automated teller machines, cash dispensing machines, and point-of-sale terminals, and inserting in lieu thereof a new subsection to read as follows: "(c) Any such extension may be established under the following conditions and circum stances only: (1) Within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically con nected to the banking house or place of business; (2) Within 200 yards of a parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically connected to the banking house or place of business and after being granted the prior written approval of the department stating that such extension qualifies for this exception; (3) Any bank doing a banking business in this state may operate automated Auto mated teller machines which shall be unstaffed and shall bu located within tlie'couaLy in which a patent bank, biaiidi bank, bank ufflcu, ur bank facility is lawfully located may be located throughout the state. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions; (4) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; or (5) A point-of-sale terminal may be located anywhere in the state." SECTION 22. Said chapter is further amended by striking Code Section 7-1-622, relating to interstate acquisitions by bank holding companies, and inserting in lieu thereof a new Code section to read as follows: "7-1-622. (a) A bank holding company may acquire a bank having banking offices in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the provisions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition. Compliance with all applicable regulations and payment of applicable fees shall be required and the restric tions of this Code section shall apply. (b) Notwithstanding anything contained in subsection (a) of this Code section, no bank or bank holding company may: (1) Directly or indirectly acquire a Georgia bank unless such bank or any such bank's predecessor institution has been in existence and continuously operated or incorpo rated as a bank for a period of five years or more prior to the date of acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organ ized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period?; or (2) Directly or indirectly acquire a bank having banking offices in Georgia if: (A) Immediately before the consummation of the acquisition for which an application is filed, the applicant (including any insured depository institution affiliate of the FRIDAY, FEBRUARY 28, 1997 657 applicant) controls any insured depository institution or any branch of an insured depository institution in this state; and (B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the foregoing limi tations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transac tions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. (c) The commissioner must rule on any application seeking approval to engage in a trans action under this Code section not later than 90 days following the date of submission of a completed application seeking such approval. If the commissioner decides to hold a public hearing in connection with the application, the time limit specified may be ex tended to 30 days after the conclusion of the hearing bul hi nu event shall exceed 120 days. If the commissioner fails to rule on the application within the requisite period, the proposed transaction shall stand approved. (d) If any acquisition involves or takes the form of an interstate merger transaction, the banks involved must comply with filing and other requirements in Part 20 of this article in addition to subsection (b) of this Code section. (e) This part is not intended to discriminate against out-of-state bank holding companies or against foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994." SECTION 23. Said chapter is further amended by striking Code Sections 7-1-628.2 and 7-1-628.3, relat ing to permitted and prohibited interstate merger transactions, respectively, and inserting in lieu thereof new Code sections to read as follows: "7-1-628.2. Interstate merger transactions between out-of-state banks and Georgia banks including Georgia state banks shall be permitted provided that the applicable conditions, approv als, and filing requirements are met by participating banks and bank holding companies. The approval procedure for mergers Mei gei b involving banks having offices located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank partici pating in a merger is owned or controlled by a bank holding company, the provisions of Part 19 of this article shall also apply to the transaction. 7-1-628.3. (a) Except as otherwise expressly provided in this subsection, an interstate merger trans action shall not be permitted under this part if: (1) Immediately before the merger, any two or more banks involved in the transaction (including all insured depository institutions which are affiliates of any such bank) have a branch in this state; and (2) Upon consummation of such transaction, the resulting bank (including all insured depository institutions that would be 'affiliates,' as defined in 12 U.S.C. Section 1841 (k) of the resulting bank) would control 30 percent or more of the total amount of de posits held by all insured depository institutions in this state. The 30 percent limita tion shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause. (b) An interstate merger transaction insulting in Lhe acquisition ui cunliul by au out uf state bank uf a Georgia bank 01 all or substantially all of the assets of a Geuigia bank 658 JOURNAL OF THE SENATE shall not be permitted under this part unless such the Georgia bank or any predecessor bank shall have been in existence and continuously operating or incorporated as a bank on the date of such merger or acquisition for a period of at least five years, as also pro vided in Code Suction 7-1-068." SECTION 24. Said chapter is further amended by striking Code Section 7-1-628.8, relating to restrictions on de novo branching, and inserting in lieu thereof a new Code section to read as follows: "7-1-628.8. (a) A 'de novo branch' means a branch of a bank which: (1) Is originally established by the bank as a branch; and (2) Does not become a branch of the bank as a result of the acquisition of another bank or of a branch of another bank or as the result of the merger, consolidation, or conver sion of any such bank or branch. (b) No out-of-state bank shall establish or maintain a de novo branch in this state unless such bank has lawfully established a branch in Georgia, and then only to the extent that any Georgia bank could establish such a de novo branch. (c) By enacting this Code section and Code Section 7-1-628.9, the General Assembly in tends to permit entry into Georgia only by acquisition of or merger with an entire bank subject to the five-year rule contained in Code Sections 7-1-608, 7-1-622, and 7-1-628.3." SECTION 25. Said chapter is further amended by striking Code Section 7-1-700, relating to definitions, and inserting in lieu thereof a new Code section to read as follows: "7-1-700. As used in this article, the term: (1) 'Check casher' means an individual, partnership, association, or corporation en gaged in cashing checks, money orders, or other drafts for a fee. Such fee may be paya ble in cash, in the form of exchange of value in excess of regular retail value, in the Form of mandatory purchase of goods or services by patrons on a regular basis, which shall mean the check casher conducts such services more than ten times in any calen9ar month, or in the form of the purchase of catalog items or coupons or other items indicating the ability to receive goods, services, or catalog items. ttH2) 'Licensed casher of checks' means any individual, partnership, associaton, or corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article. (2) (3) 'Licensee' means a licensed casher of checks, drafts, or money orders." SECTION 26. Said chapter is further amended by striking Code Section 7-1-704, relating to enforcement of check cashing laws, and inserting in lieu thereof a new Code section to read as follows: "7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the interpre tation and enforcement of this article. (b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. FRIDAY, FEBRUARY 28, 1997 659 (c) To assure compliance with the provisions of this article, the department may review the fees charged and fee income of any person cashing checks for a fee who claims exemp tion from licensing. Each person claiming exemption who is reviewed shall pay an hourly fee as provided in departmental regulations when the review requires more than four examiner hours and the review results in a finding that a license is required. The department, in its discretion, may permit the party claiming exemption to supply to the department the necessary books and records for its review at department headquarters." SECTION 27. Said chapter is further amended by striking subsection (c) of Code Section 7-1-709, relating to applicability of check cashing laws, and inserting in lieu thereof a new subsection to read as follows: "(c) Persons, partnerships, associations, or corporations claiming exemption under para graph (2) of subsection (b) of this Code section shall register with the department on or before June August 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation." SECTION 28. Said chapter is further amended by striking subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in lieu thereof a new subsection to read as follows: "(a)(l) Every financial institution shall keep a record of currency transactions in excess of $10,000.00 and shall comply with federal law as to their filing. Within 15 days of the date uf the Uau&actkm a complete lepoit of such currency transaction in excess uf $10,000.00 shall be filed with the department, provided, however, the commissioner may jjci'iiiiL ti rOIl^ui1 pd'lutt to bG COttSiClci^t'O. ci timely llliiig in tllB CSS6 Or IlIlll^S by lliSgiictnj 1116Ql9.. ITI clClditlOn , tOG Ct&p L1't111c lit Ol* &11 Appi"O ^ji1 1ti11; Stcltt; i&W tJiilGi'Cciiiciit ti^ciiCy sjJt;Clllt;Ct by ucjJtii'ti.iitJiit 1'ej^u.lciliOH SOfl.il u6 notllltiCl by ttjl&pllGllu Ol by Wll't; bclui'G C116 ClOSc Ol bu.sillSSS Oil tllfe ll(5Xt SU.CCt;t;Cliii^ uuftiiit;ss {i&y WilGHtiVi&i1 sllCll CU-lTtJHCy trlllSflC~ tiun shall be in an amount exceeding $100,000.00. The department may promulgate reg ulations that penult specify additional requirements for currency transaction reports and suspicious activity reports filed by financial institutions with federal agencies pUI'SU- ^iit tu i tqLin eiiicuLo Ol lecieitil itiw tu jscitisiy tilt: uuii Kiic_y li tiiistictiuii liliiig rtnLiii'diiKiiLs ul tlii& jjiii tif^i tip li, pi uviiieil tlictt tlic Llcpcti txiitjjtit Jetcx mines tlitit tljtc uupm Lmuiit will & tu s ildi icpuits iiluu witli Lilt; ictltjial ctj^t^ncies. (2) Pursuant to federal law a financial institution must keep a record of any currency transaction deemed suspicious for any reason, including transactions where money laun dering is suspected, and file a report of such transaction with the appropriate federal authority. All such suspicious activity reports shall be simultaneously filed with the department, unless by regulation the department deems a federal filing to be adequate. Such filing shall be in addition tu any cmiency Uaiibactiou lepmt filing. (3) The provisions of paragraph (1) of this subsection shall not apply to transfers between banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of currency and which are accomplished through a wire or electronic transfer system operated by the Federal Reserve System, the Federal Home Loan Bank System, or other governmental agency or instrumentality; provided, however, with regard to each such transfer the bank, credit union, or savings and loan association shall maintain a record of the name, address, and tax identification number of its customer, the name and location of the cor responding bank, credit union, or savings and loan association, and the name of the cus tomer of the corresponding bank, credit union, or savings and loan association." 660 JOURNAL OF THE SENATE SECTION 29. Said chapter is further amended by adding a new paragraph following paragraph (6) of Code Section 7-1-1000, relating to definitions, to read as follows: "(6.1) 'Georgia Residential Mortgage Act' means this article." SECTION 30. Said chapter is further amended by striking paragraphs (11) and (12) of subsection (a) of Code Section 7-1-1001, relating to exemption and registration of certain persons and enti ties engaged in the mortgage business, and inserting in lieu thereof new paragraphs to read as follows: "(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when act ing within the scope of employment with the licensee or exempted person as an employee and not as an independent contractor; (12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans; or" SECTION 31. Said chapter is further amended by striking subsection (a) of Code Section 7-1-1017, relat ing to suspension and revocation of mortgage lender or broker licenses, and inserting in lieu thereof a new subsection to read as follows: "(a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-628.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law." SECTION 32. Said chapter s further amended by striking Code Section 7-1-1018, relating to cease and desist orders and departmental enforcement procedures, and inserting in lieu thereof a new Code section to read as follows: "7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department, the department may issue a an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. FRIDAY, FEBRUARY 28, 1997 661 (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the cir cumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within 10 days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department. (e) All penalties recovered by the department pursuant to this Code section shall be paid Into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recov ery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (e) (f) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (f) (g) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this arti cle and of any rules promulgated by the department pursuant to this article." SECTION 33. Notwithstanding any other provision of law to the contrary, this Act shall become effective on June 1, 1997. SECTION 34. All laws and parts of laws in conflict with this Act are repealed. Senator Turner of the 8th offered the following amendment: Amend the Senate Banking and Financial Institutions Committee substitute to SB 154 by inserting between lines 7 and 8 on page 32 the following: "Said chapter is further amended by striking paragraph (8) of Code Section 7-1-1000, relat ing to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows: '(8) "Lock-in agreement" means an a written agreement whereby a lender or a broker required to be licensed or registered under this article guarantees for a specified number 662 JOURNAL OF THE SENATE of days or until a specified date the availability of a specified rate of interest for a mort gage loan, a specified formula by which the rate of interest will be determined, or a spe cific number of discount points if the mortgage loan is approved and closed within the stated period of time.' SECTION 31." By renumbering Sections 31 through 34 as Sections 32 through 35, respectively. On the adoption of the amendment, the yeas were 39, nays 0, and the Turner amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Harbison (excused) Johnson of 1st (excused) Perdue (presiding) Stokes (excused) On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President assumed the Chair. SR 88. By Senator Hill of the 4th: A resolution designating the Walter L. Dasher Memorial Bridge. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks FRIDAY, FEBRUARY 28, 1997 663 Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Those not voting were Senators: Abernathy Brush Harbison (excused) Johnson of 1st (excused) Starr Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Stokes (excused) Walker On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 164. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for the opera tion and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup Counties, Georgia. The Senate Finance and Public Utilities Committee offered the following substitute to SR 164: A RESOLUTION Authorizing the granting of nonexclusive easements for the operation and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup counties, Georgia; and WHEREAS, the Unified Government of Athens-Clarke County; Crisp County; the City of Calhoun; Gwinnett County; the City of Thomson and McDuffie County; the City of Americus, Sumter County; and Georgia Power Company desire to operate and maintain water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through a por tion of said property; and WHEREAS, these water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through the hereinafter described state property would be for the benefit of the State of Georgia and have been requested and approved by the Department of Technical and Adult Education, Department of Public Safety, Department of Natural Resources, and Department of Corrections with respect to property under the jurisdiction of their respec tive departments. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 664 JOURNAL OF THE SENATE ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property in Clarke County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Unified Government of Athens-Clarke County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sani tary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating water and sanitary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Athens, Clarke County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled "Sanitary Sewer and Waterline Easement" and prepared by the Unified Government of Athens-Clarke County, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 3. That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water and sanitary sewer lines and equipment. SECTION 4. That the Unified Government of Athens-Clarke County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reason ably necessary for the proper construction, operation, and maintenance of said water and sanitary sewer lines and equipment. SECTION 5. That, after the Unified Government of Athens-Clarke County has put into use the water and sanitary sewer lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its suc cessors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Unified Government of Athens-Clarke County, or its suc cessors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to the Unified Government of Athens-Clarke County, and, except as herein specifically granted to the Unified Government of Athens-Clarke County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimen tal to the rights, privileges, and interest granted to the Unified Government of AthensClarke County. FRIDAY, FEBRUARY 28, 1997 665 SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Uni fied Government of Athens-Clarke County shall remove or relocate its facilities to the alter nate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission deter mines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the Unified Government of Athens-Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 8. That the easement granted to the Unified Government of Athens-Clarke County shall con tain such other reasonable terms, conditions, and covenants as the State Properties Com mission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same ease ment area herein granted. SECTION 9. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11. That the authorization in this resolution to grant the above-described easement to the Uni fied Government of Athens-Clarke County shall expire three years after the date that this resolution becomes effective. SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 13. That the State of Georgia is the owner of the hereinafter described real property in Crisp County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. 666 JOURNAL OF THE SENATE SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Crisp County, or its successors and assigns, a nonexclusive easement for the con struction, operation, and maintenance of a well and associated facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, in stalling, maintaining, repairing, replacing, inspecting and operating a well and associated facilities together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said ease ment area is located at Georgia Veterans' Memorial State Park in Crisp County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a drawing by J. B. Faircloth and Associates dated May 21, 1996, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 15. That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said well and associated facilities. SECTION 16. That Crisp County shall have the right to remove or cause to be removed from said ease ment area only such trees and bushes as may be reasonably necessary for the proper con struction, operation, and maintenance of said well and associated facilities. SECTION 17. That, after Crisp County has put into use the well and associated facilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Crisp County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leav ing the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 18. That no title shall be conveyed to Crisp County, and, except as herein specifically granted to Crisp County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Crisp County. SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Crisp County shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual FRIDAY, FEBRUARY 28, 1997 667 cost and expense of relocation, less the cost and expense of any improvements and better ments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by Crisp County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 20. That the easement granted to Crisp County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best inter est of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 21. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 22. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 23. That the authorization in this resolution to grant the above-described easement to Crisp County shall expire three years after the date that this resolution becomes effective. SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 25. That the State of Georgia is the owner of the hereinafter described real property in Gordon County, Georgia, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Calhoun, Gordon County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utility lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of construct ing, erecting, installing, maintaining, repairing, replacing, inspecting and operating utility lines and equipment, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Gordon County Satellite Center of the Coosa Valley Technical Institute in Gordon County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled "Survey for Coosa Valley Foundation" on file in the offices of the State Properties Commission 668 JOURNAL OF THE SENATE and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 27. That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said utility lines and equipment. SECTION 28. That the City of Calhoun, Gordon County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably neces sary for the proper construction, operation, and maintenance of said utility lines and equipment. SECTION 29. That, after the City of Calhoun, Gordon County, has put into use the utility lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Calhoun, Gordon County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 30. That no title shall be conveyed to the City of Calhoun, Gordon County, and except as herein specifically granted to the City of Calhoun, Gordon County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and inter est granted to the City of Calhoun, Gordon County. SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Calhoun, Gordon County, shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reim bursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any im provements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Calhoun, Gordon County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 32. That the easement granted to the City of Calhoun, Gordon County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission FRIDAY, FEBRUARY 28, 1997 669 is authorized to use a more accurate description of the easement area, so long as the de scription utilized by the State Properties Commission describes the same easement area herein granted. SECTION 33. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 34. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Calhoun, Gordon County, shall expire three years after the date that this resolution becomes effective. SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE FV SECTION 37. That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County, Georgia, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Gwinnett County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating sanitary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid pur poses. Said easement area is located at Phillips Correctional Institution in Gwinnett County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on three drawings prepared by Precision Planning, Inc., and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 39. That the above-described premises shall be used solely for the purpose of planning, con structing, installing, maintaining, repairing, replacing, inspecting, and operating said sani tary sewer lines and equipment. 670 JOURNAL OF THE SENATE SECTION 40. That Gwinnett County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines and equipment. SECTION 41. That, after Gwinnett County has put into use the sanitary sewer lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privi leges, powers, and easement granted herein. Upon abandonment, Gwinnett County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 42. That no title shall be conveyed to Gwinnett County and, except as herein specifically granted to Gwinnett County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not incon sistent with or detrimental to the rights, privileges, and interest granted to Gwinnett County. SECTION 43. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the cost of relocating the facilities shall be allocated one-third to the State Department of Corrections and two-thirds to Gwinnett County. SECTION 44. That the easement granted to Gwinnett County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best inter est of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 45. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 47. That the authorization in this resolution to grant the above-described easement to Gwinnett County shall expire three years after the date that this resolution becomes effective. FRIDAY, FEBRUARY 28, 1997 671 SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE V SECTION 49. That the State of Georgia is the owner of the hereinafter described real property in McDuffle County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson and McDuffie County, or its successors and assigns, a nonex clusive easement for the construction, operation, and maintenance of a water distribution line in, on, over, under, upon, across, or through the easement area for the purpose of con structing, installing, maintaining, repairing, replacing, inspecting and operating a water distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on U.S. Route 78 in the 134th GM District of McDuffie County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by M. R. Chasman and Associates, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 51. That the above-described premises shall be used solely for the purpose of planning, con structing, installing, maintaining, repairing, replacing, inspecting, and operating said water distribution line. SECTION 52. That the City of Thomson and McDuffie County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water distribu tion line. SECTION 53. That, after the City of Thomson and McDuffie County has put into use the water distribu tion line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson and McDuffie County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 54. That no title shall be conveyed to the City of Thomson and McDuffie County, and , except as herein specifically granted to the City of Thomson and McDuffie County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may 672 JOURNAL OF THE SENATE make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Thomson and McDuffie County. SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson and McDuffie County shall remove or relocate its facilities to the alternate ease ment area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson and McDuffie County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 56. That the easement granted to the City of Thomson and McDuffie County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 57. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 58. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 59. That the authorization in this resolution to grant the above-described easement to the City of Thomson and McDuffie County shall expire three years after the date that this resolu tion becomes effective. SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. FRIDAY, FEBRUARY 28, 1997 673 ARTICLE VI SECTION 61. That the State of Georgia is the owner of the hereinafter described real property in Sumter County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Americus, Sumter County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating san itary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State for Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at South Georgia Technical Institute in Sumter County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey dated November 20, 1996, prepared by Richard L. Jones, Georgia Registered Land Surveyor No. 1591, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 63. That the above described premises shall be used solely for the purpose of planning, con structing, installing, maintaining, repairing, replacing, inspecting, and operating said sani tary sewer lines and equipment. SECTION 64. That the City of Americus, Sumter County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably neces sary for the proper construction, operation, and maintenance of said sanitary sewer lines and equipment. SECTION 65. That, after the City of Americus, Sumter County, has put into use the sanitary sewer lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Americus, Sumter County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 66. That no title shall be conveyed to the City of Americus, Sumter County, and, except as herein specifically granted to the City of Americus, Sumter County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Americus, Sumter County. 674 JOURNAL OF THE SENATE SECTION 67. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Americus, Sumter County, shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reim bursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any im provements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Americus, Sumter County. Upon written re quest, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 68. That the easement granted to the City of Americus, Sumter County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 69. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 70. That this grant of easement shall be recorded by the grantee in the Superior Court of Sumter County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71. That the authorization in this resolution to grant the above described easement to the City of Americus, Sumter County, shall expire three years after the date that this resolution becomes effective. SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VII SECTION 73. That the State of Georgia is the owner of the hereinafter described real property in Troup County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. FRIDAY, FEBRUARY 28, 1997 675 SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical and communication transmis sion and distribution lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replac ing, inspecting and operating electrical and communication transmission and distribution lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at West Georgia Technical Institute in Troup County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission for approval. SECTION 75. That the above-described premises shall be used solely for the purpose of planning, con structing, installing, maintaining, repairing, replacing, inspecting, and operating said elec trical and communication transmission and distribution lines and equipment. SECTION 76. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical and communication transmission and distribution lines and equipment. SECTION 77. That, after Georgia Power Company has put into use the electrical and communication transmission and distribution lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and as signs, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 78. That no title shall be conveyed to Georgia Power Company, and, except as herein specifi cally granted to Georgia Power Company, all rights, title, and interest in and to said ease ment area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 79. That if the State of Georgia, acting by and through its State Properties Commission, deter mines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area. The 676 JOURNAL OF THE SENATE cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written esti mate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 80. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is author ized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 81. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best inter est of the State of Georgia. SECTION 82. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 83. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 85. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson FRIDAY, FEBRUARY 28, 1997 677 Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Those not voting were Senators: Abernathy Harbison (excused) Johnson of 1st (excused) Perdue Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Stokes (excused) On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. Senator Oliver of the 42nd offered the following amendment: Amend SR 166 by renumbering Sections 3, 4 and 5 as Sections 4, 5 and 6, and on Page 2, line 39 add a new Section 3 to read as follows: WHEREAS, the Georgia Department of Transportation, ("Department"), is the owner of certain real property located in DeKalb County, Georgia; and WHEREAS, this real property is located east of Moreland Avenue, to Candler Park and to Ponce de Leon; and WHEREAS, the Department is the owner of certain real property located in Fulton County, Georgia; and WHEREAS, this real property is located South of North Highland Avenue in the Inman Park Area of Fulton County, Georgia; and WHEREAS, in the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA GEORGIA, Condemnees, and DAVID VAUGHN, et al., InterroSoTsT being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia, the parties thereto reached a Settlement Agreement which was made an order of the Superior Court of DeKalb County by order dated June 25, 1992 ("Order"); and WHEREAS, in Part IV, Paragraph l(a) of said Settlement Agreement the parties agreed as follows: DOT Owned Rights-of-Way East of Moreland Avenue: All DOT rights-of-way east of Moreland Avenue, including, but not limited to, the "replacement parcel east of Candler Park," all property between Candler Park and Fair-view Road, and the property adjacent to the Jackson Hill Baptist Church, will be disposed of in one or more of the following ways: (1) All or portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT; (2) All or portions may be leased, conveyed or transferred to the City or to the federal government for use as a public park; (3) All or portions may be disposed of by sale. A housing plan shall be developed by the City and the affected neighborhoods. The housing plan shall govern the use of the prop erty; and 678 JOURNAL OF THE SENATE WHEREAS, in Part IV, Paragraph l(b) of said Settlement Agreement the parties agreed as follows: DOT Owned Rights-of-Way South of North Highland Avenue in the Inman Park Area: All DOT owned rights-of-way south of North Highland Avenue in the Inman Park area will be disposed of in one or more of the following ways: (1) Portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT; (2) Portions may be leased, conveyed or transferred to the City or federal government for use as a public park; (3) Portions may be disposed of by sale. A housing plan shall be developed by the City and the affected neighborhoods. The housing plan shall govern the use of the property; and WHEREAS, the Department is in favor of leasing the property located east of Moreland Avenue, to Candler Park and to Ponce de Leon to the City of Atlanta and disposing of the real property located South of North Avenue in the Inman Park area in accordance with the terms of the aforementioned Settlement Agreement; and WHEREAS, the City of Atlanta, ("City"), is desirous of obtaining the lease of the real prop erty located east of Moreland Avenue, to Candler Park and to Ponce de Leon in order to enhance the beauty of the city and to maintain the real property as a bike path and road side park; and WHEREAS, the City is desirous of having said real property located South of North Ave nue in the Inman Park area disposed of in order to enhance the beauty of the city. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 356 from State 197 in Habersham County to the White County line is designated as the Lovell-Wikle Scenic Highway in honor of Virgil L. Lovell and William Arthur Wikle. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to provide and maintain appropriate signs designating the Lovell-Wikle Scenic Highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation and to the families of the late William A. Wikle and the late Virgil L. Lovell, Sr. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the Georgia Department of Transportation is the owner of certain real property lo cated east of Moreland Avenue, to Candler Park and to Ponce de Leon which was the sub ject of the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA^ Condemnorvs 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia. SECTION 2. That the Department is hereby authorized to lease to the City of Atlanta, such real prop erty described in Section 1 to enhance the beauty of the city and to maintain the real prop erty as a bike path and roadside park. SECTION 3. That the lease of such real property as provided for in Section 1 of this resolution shall be granted by appropriate instrument to the City of Atlanta by the Georgia Department of FRIDAY, FEBRUARY 28, 1997 679 Transportation, acting by and through its commissioner, for a consideration of the continu ing performance by the City of Atlanta of the necessary maintenance of such real property to ensure its use and enjoyment as a bike path and roadside park in implementation and compliance with the Order of the Superior Court of DeKalb County, for the consideration of the structures, improvements and enhancements that may be placed upon such real prop erty, and upon such further conditions and consideration as determined by the commis sioner to be in the best interest of the State of Georgia. That the City shall grant by appropriate instrument to the Department, acting by and through its council and mayor, an acknowledgment of the conveyance of said real property and an acknowledgment that the real property will remain with the City provided the property is maintained as a bike path and roadside park for the benefit of the citizens of the State. SECTION 4. That the lease of such real property as provided for in Section 1 of this resolution shall be for a period of 99 years. SECTION 5. That the Department is the owner of that real property located South of North Avenue in the Inman Park area which was the subject of the case styled DEPARTMENT OF TRANS PORTATION, STATE OF GEORGIA, Condemnor, vs^ 7 802"5CRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA Condemnees, and DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia. SECTION 6. That the Department is hereby authorized to dispose of said property described in Section 5 in accordance with a comprehensive plan, developed and agreed upon by the City, the De partment, and CAUTION, INC., acting on behalf of itself and its constituent neighborhood organizations (Candler Park Neighborhood Organization, Druid Hills Civic Association, Eastlake Association of Neighbors, Inman Park Restoration, Inc., Lake Claire Neighbors, Poncey-Highland Neighborhood Association, Virginia Highland Civic Association), ("CAUTION"). SECTION 7. That the comprehensive plan shall be finalized by the City and submitted to the Depart ment and CAUTION for review and comment no later than May 1, 1997. That the Depart ment and CAUTION will review the comprehensive plan and return comments to the City no later than June 1, 1997. If there are any differences that need to be resolved a meeting between the City, the Department and CAUTION will be held no later than July 1, 1997. That the Department will draft or will cause the drafting of a consent agreement for all parties to sign approving the comprehensive plan. That any lease agreement relative to the property described in Section 5 which may be entered into between the City and the Department shall be for 99 years. Provided, further, that if the parties fail to execute a comprehensive plan prior to December 31, 1997, the Department shall hereby be author ized to dispose of the remaining property in compliance with the applicable requirements of state and federal statutes. SECTION 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. 680 JOURNAL OF THE SENATE SECTION 9. All laws and parts of laws in conflict with this resolution are repealed. On the adoption of the amendment, the yeas were 35, nays 0, and the Oliver amend ment to SR 166 was adopted. Pursuant to Senate Rule 143, action on SR 166 was suspended, and the bill was placed on the General Calendar. SR 194. By Senator Gochenour of the 27th: A resolution urging reform of the governing statutes and operation of the Food and Drug Administration to ensure that health care products can be brought to the market as quickly as possible while preserving the safety of all Americans. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Harbison (excused) Johnson of 1st (excused) Langford Perdue Stokes (excused) Thompson On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 196. By Senators Johnson of the 2nd, Johnson of the 1st, Perdue of the 18th and Kemp of the 3rd: A resolution authorizing the granting of a nonexclusive easement to extend cer tain utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. FRIDAY, FEBRUARY 28, 1997 681 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Harbison (excused) Johnson of 1st (excused) Stokes (excused) On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 119. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change the membership of the State Depository Board. Senators Clay of the 37th and Thompson of the 33rd offered the following amendment: Amend SB 119 by adding a new Section 2, at line 3, page 2 No member of the State Depository Board shall vote to name and appoint as state deposi tories of state funds any bank, trust company, building and loan association, federal sav ings and loan association, or the Georgia Credit Union Deposit Corporation in which the member is a stockholder, board member, or owner. Then renumbering Section 2 as Section 3. On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Cagle Cheeks Clay Crotts Dean Gillis Griffin Hill Hooks Huggins Kemp Lamutt 682 JOURNAL OF THE SENATE Land Langford Madden Marable Middleton Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Streat Taylor Thomas of 54th Thompson Turner Walker Those voting in the negative were Senators: Abernathy Brown of 26th Burton Egan Fort Glanton Gochenour Guhl Henson James Price of 56th Tanksley Thomas of 10th Tysinger Those not voting were Senators: Harbison (excused) Johnson of 2nd Johnson of 1st (excused) Oliver Stokes (excused) On the passage of the bill, the yeas were 37, nays 14. The bill, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: State of Georgia February 28, 1997 TO: Frank Eldridge, Secretary of Senate FROM: Ralph David Abernathy, III, District 38 Pursuant to Rule 177, with regard to my vote today on SB 119,1 want it to go on record that I intended to vote "Yea", but inadvertently pushed the "Nay" button. Isl Ralph David Abernathy, III District 38 SB 219. By Senators Starr of the 44th, Taylor of the 12th, Thomas of the 10th and others: A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and re sponsibilities thereof. Senators Taylor of the 12th and Starr of the 44th offered the following amendment: Amend SB 219 by adding after the period on line 24 of page 2 the following: "A physician shall be designated to be responsible for the medical aspects of care for a patient admitted by a psychologist." By adding "involved in the care and treatment of a patient" after "psychologist" on lines 8 and 14 of page 3 and lines 27 and 33 of page 4. By adding "involved in the care and treatment of the patient" after "health" on lines 10 and 15 of page 3 and lines 29 and 34 of page 4. By striking ", psychologist, or clinical nurse specialist in psychiatric/mental health" on lines 28 and 29 of page 3 and lines 3 and 4 of page 5, and inserting in their respective places the following: "and any psychologist involved in the care and treatment of the patient". FRIDAY, FEBRUARY 28, 1997 683 By adding after "A" on line 40 of page 3 the following: "person who is involved in the care and treatment of the client as a". By striking ", psychologist, or clinical nurse specialist in psychiatric/mental health" and inserting "and any psychologist involved in the care and treatment of the client" on line 8 and 9 of page 4. By adding "involved in the care and treatment of the client" after "psychologist" on line 14 of page 4 and after "health" on line 15 of page 4. On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Harbison (excused) Stokes (excused) Johnson of 1st (excused) 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. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. SB 21. By Senators Brown of the 26th, Perdue of the 18th, Walker of the 22nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility requirements for buildings registered as historic landmarks. 684 JOURNAL OF THE SENATE The Senate Education Committee offered the following substitute to SB 21: 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 for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility requirements for buildings registered as historic landmarks; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking subsections (c) and (e) of Code Sec tion 20-2-260, relating to capital outlay funds generally, and inserting in their places new subsections (c) and (e), respectively, to read as follows: "(c) The State Board of Education shall adopt policies, guidelines, and standards, pursu ant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall in clude the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construc tion and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instruc tional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt ser vice; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annu ally review, certify the accuracy of, and approve each local school system's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. How ever, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and devel opment patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommenda tions for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys; (3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be lim ited to, a list of construction projects currently eligible for state capital outlay funds, if FRIDAY, FEBRUARY 28, 1997 685 any; educational facilities projected for abandonment, if any; educational facilities pro jected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facil ities as may be reasonably necessary to assure effective, efficient, and economical oper ation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other require ments necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the reno vated facility provides comparable instructional and supportive space and has an ex tended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or addi tions shall otherwise meet requirements applicable to them prior to renovation, mod ernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assist ance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics pub lished by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and ed ucational facilities construction plans and shall reflect circumstances where rapid pop ulation growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract be tween local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsec tions (e), (f), (g), (h), (i), (j), and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construc tion projects, and consolidation of schools across system lines are carried out; 686 JOURNAL OF THE SENATE (7) To review and approve proposed sites and all architectural and engineering draw ings and specifications on construction projects for educational facilities to ensure com pliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commis sion. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Fi nancing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unfore seen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size re quirements under subsection (q) of this Code section; andi (10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facili ties which are used as schools and that are historic landmarks and which were regis tered as such on or before December 31, 1994, with the National Register of Historic Places or the Georgia Register of Historic Places and the expenditure of capital outlay funds otherwise available to a school system for such purposes." "(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facil ities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under pro visions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in ele mentary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding pur poses; and (6) To reimburse local school systems for current principal payments on local indebted ness for state approved construction projects for educational facilities. No local school FRIDAY, FEBRUARY 28, 1997 687 system may request funds for the purposes of this paragraph unless and until all con struction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and: (7) To provide construction projects to renovate or modernize facilities which are his toric landmarks and are registered as such with the National Register of Historic Places or the Georgia Register of Historic Places in order to correct deficiencies which produce educationally obsolete unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is a historic landmark as a school; and provided, further, that facilities which are historic landmarks be used as public schools and be registered as historic landmarks on or before December 31, 1994 Notwithstanding any other provi sions of this Code section and without regard to location or obsolescence, the state Board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph at least up to the cost of new construc tion to replace the historic landmark; provided, however, that the renovated facility Has an extended life comparable to that of a new facility; and provided, further, that trie local school system shall provide the remaining necessary capital outlay"Fundsto renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Brown of the 26th offered the following amendment: Amend the committee substitute to SB 21 by striking lines 16 and 17 of page 7 and in serting in lieu thereof the following: "paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that". On the adoption of the amendment, the yeas were 36, nays 0, and the Brown amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Gochenour Griffin Guhl Henson Hill Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middteton Oliver Price of 28th Price of 56th Ragan Ralston 688 JOURNAL OF THE SENATE Ray Roberts Scott Starr Streat Tanksley Thomas of 54th Thomas of 10th Those not voting were Senators: Egan Glanton Harbison (excused) Hooks Johnson of 1st (excused) Perdue (presiding) Thompson Turner Tysinger Walker Stokes (excused) Taylor On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the en closed space at any polling place; to provide what shall constitute proper identi fication; to provide for an alternative procedure for certification of identification. Senator Clay of the 37th offered the following amendment: Amend SB 273 by deleting (12) at line 20 of page 2, and renumbering (13) as (12), etc. By deleting (12) at line 36 of page 3, and renumbering (13) as (12) likewise. 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 Brush Cagle Cheeks Clay Crotts Egan Glanton Gochenour Guhl James Lamutt Price of 28th Price of 56th Ralston Ray Roberts Streat Tanksley Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Dean Fort Gillis Griffin Henson Hill Hooks Huggins Kemp Land Langford Madden Marable Middleton Oliver Perdue Ragan Scott Starr Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators: Harbison (excused) Johnson of 2nd Johnson of 1st (excused) Stokes (excused) FRIDAY, FEBRUARY 28, 1997 689 On the adoption of the amendment, the yeas were 21, nays 31, and the Clay amend ment to SB 273 was lost. Senator Balfour of the 9th offered the following amendment: Amend SB 273 by deleting Section (5) at line three of page 2 and Section (6) at line seven and renumbering. By deleting Section (5) at line nineteen page 3 and Section (6) at line twenty-three and renumbering. 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 Brush Cagle Cheeks Clay Crotts Egan Gochenour Guhl Price of 28th Ralston Ray Tysinger Those voting in the negative were Senators: Abernathy Blitch Bowen Broun of 46th Brown of 26th Burton Dean Fort Gillis Glanton Griffin Henson Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Harbison (excused) Johnson of 2nd Johnson of 1st (excused) Stokes (excused) On the adoption of the amendment, the yeas were 14, nays 38, and the Balfour amend ment to SB 273 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Glanton Gochenour Griffin Guhl Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray 690 JOURNAL OF THE SENATE Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Fort Gillis Henson Johnson of 2nd Those not voting were Senators: Brown of 26th Harbison (excused) Johnson of 1st (excused) Stokes (excused) On the passage of the bill, the yeas were 48, nays 4. The bill, having received the requisite constitutional majority, was passed. Senator Burton of the 5th moved that SB 273 be immediately transmitted to the House. On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 273 was imme diately transmitted. SB 284. By Senator Perdue of the 18th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to transfer certain centralized rec ord-keeping and certification functions relating to notaries public from the Sec retary of State to the Georgia Superior Court Clerks' Cooperative Authority; to provide for the transfer of certain fees to the Georgia Superior Court Clerks' Cooperative Authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brush Harbison (excused) Johnson of 1st (excused) Stokes (excused) Walker On the passage of the bill, the yeas were 51, nays 0. FRIDAY, FEBRUARY 28, 1997 691 The bill, having received the requisite constitutional majority, was passed. SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and Tysinger of the 41st: 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; to pre scribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative was Senator Cheeks. Those not voting were Senators: Brush Harbison (excused) Johnson of 1st (excused) Scott Stokes (excused) Walker On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 125. By Senator Thompson of the 33rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, so as to provide for the issuance of executions for costs or fines in the municipal courts; to provide for trials of illegality or defense in the superior courts. The report of the committee, which was favorable to the passage of the bill, was agreed to. 692 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 Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Broun of 46th Harbison (excused) Johnson of 1st (excused) Perdue Stokes (excused) On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 303. By Senators Henson of the 55th and Fort of the 39th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain all funds received as collection fees for use in defraying the cost of collection of fees as required by law. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Harbison Henson Hooks Huggins James Johnson of 2nd Lamutt Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker FRIDAY, FEBRUARY 28, 1997 693 Those voting in the negative were Senators: Burton Cagle Egan Guhl Kemp Land Price of 56th Ray Those not voting were Senators: Hill Johnson of 1st (excused) Stokes (excused) On the passage of the bill, the yeas were 45, nays 8. The bill, having received the requisite constitutional majority, was passed. The following resolution was read and adopted: SR 256. By Senators Glanton of the 34th and Roberts of the 30th: A resolution honoring Mr. Robert S. Alexander on his 86th birthday. Serving as doctor of the day was Dr. Charles W. Miller of Douglas, Georgia. At 11:30 A.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Monday March 3, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. 694 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 3, 1997 Twenty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Hugging of the 53rd reported that the Journal of Friday, February 28, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 764. By Representative Barfoot of the 155th: A bill to amend an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners. HB 768. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change fees and costs and the provisions relating thereto. HB 769. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. HB 770. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. HB 771. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. HB 772. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. MONDAY, MARCH 3, 1997 695 HB 774. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st and others: A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provisions relating to the compensation of the members and chairperson of said board. HB 775. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th and others: A bill to amend an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full fouryear terms, excluding time served under an interim appointment. HB 778. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such authority. HB 689. By Representatives Channell of the lllth, Jenkins of the 110th, Greene of the 158th and others: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Ti tle 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license. HB 288. By Representative Twiggs of the 8th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to annual training requirements for police chiefs, department heads, and wardens. HB 355. By Representatives Teper of the 61st and Henson of the 65th: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to change certain provisions relating to authorized investments in certain governmental bonds and other securities. HB 573. By Representatives Culbreth of the 132nd, Heard of the 89th and Ehrhart of the 36th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act. HB 324. By Representative Campbell of the 42nd: A bill to amend Code Section 15-21-131 of the Official Code of Georgia Annotat ed, relating to the imposition of additional fines to fund local victim assistance programs, so as to provide for the imposition of such fines in magistrate courts. 696 JOURNAL OF THE SENATE HB 574. By Representatives Grindley of the 35th, Parham of the 122nd, Dixon of the 150th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of social security numbers in applications and on drivers' licenses, permits, commercial drivers' licenses, identification cards, and identification cards for persons with disabilities, unless specifically requested in writing by the applicant or licensee. HB 283. By Representative Bordeaux of the 151st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that charitable organiza tions and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances. The House has adopted by the requisite constitutional majority the following resolu tion of the House: HR 404. By Representative Parham of the 122nd: A resolution commending W. T. Smith, M.D. The following bills were introduced, read the first time and referred to committees: SB 340. By Senator Tysinger of the 41st: A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County, as amended, so as to provide for the Presiding Officer of the Commission and not the Chief Executive Officer to preside over and prepare the agenda for Commission meetings; to authorize the Commission to obtain legal counsel from the County Attorney. Referred to Committee on State and Local Governmental Operations. SB 341. By Senator Gochenour of the 27th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, so as to provide that indi viduals have the right to be provided with any medical treatment desired or authorized under certain conditions; to provide immunity from disciplinary ac tions. Referred to Committee on Health and Human Services. SB 342. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor-general. Referred to Committee on State and Local Governmental Operations. SB 343. By Senator Langford of the 29th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations generally, so as to provide for re strictions on the provision of services by municipalities in competition with pri vate providers; to provide that certain laws, rules, and regulations shall be ap plicable to entities created or authorized by such municipalities to compete with private providers. Referred to Committee on State and Local Governmental Operations (General). MONDAY, MARCH 3, 1997 697 SR 253. By Senator Streat of the 19th: A resolution designating the Thomas Kirkland Bridge. Referred to Committee on Transportation. SR 254. By Senators Kemp of the 3rd, Turner of the 8th, Dean of the 31st and others: A resolution creating the Senate State Office Campaign Finance Study Commit tee. Referred to Committee on Rules. SR 255. By Senators Kemp of the 3rd, Turner of the 8th, Dean of the 31st and others: A resolution creating the Joint State Office Campaign Finance Study Commit tee. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 283. By Representative Bordeaux of the 151st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that charitable organiza tions and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances. Referred to Economic Development, Tourism and Cultural Affairs Committee. HB 288. By Representative Twiggs of the 8th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to annual training requirements for police chiefs, department heads, and wardens. Referred to Public Safety Committee. HB 324. By Representative Campbell of the 42nd: A bill to amend Code Section 15-21-131 of the Official Code of Georgia Annotat ed, relating to the imposition of additional fines to fund local victim assistance programs, so as to provide for the imposition of such fines in magistrate courts. Referred to Judiciary Committee. HB 355. By Representatives Teper of the 61st and Henson of the 65th: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to change certain provisions relating to authorized investments in certain governmental bonds and other securities. Referred to Insurance and Labor Committee. HB 573. By Representatives Culbreth of the 132nd, Heard of the 89th and Ehrhart of the 36th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act. 698 JOURNAL OF THE SENATE Referred to Insurance and Labor Committee. HB 574. By Representatives Grindley of the 35th, Parham of the 122nd, Dixon of the 150th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of social security numbers in applications and on drivers' licenses, permits, commercial drivers' licenses, identification cards, and identification cards for persons with disabilities, unless specifically requested in writing by the applicant or licensee. Referred to Transportation Committee. HB 689. By Representatives Channel! of the lllth, Jenkins of the 110th, Greene of the 158th and others: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Ti tle 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license. Referred to Special Judiciary Committee. HB 764. By Representative Barfoot of the 155th: A bill to amend an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 768. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change fees and costs and the provisions relating thereto. Referred to State and Local Governmental Operations Committee. HB 769. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. Referred to State and Local Governmental Operations Committee. HB 770. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. Referred to State and Local Governmental Operations Committee. HB 771. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. MONDAY, MARCH 3, 1997 699 Referred to State and Local Governmental Operations Committee. HB 772. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. Referred to State and Local Governmental Operations Committee. HB 774. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st and others: A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provisions relating to the compensation of the members and chairperson of said board. Referred to State and Local Governmental Operations Committee. HB 775. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th and others: A bill to amend an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full fouryear terms, excluding time served under an interim appointment. Referred to State and Local Governmental Operations Committee. HB 778. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such authority. Referred to State and Local Governmental Operations Committee. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 323. Do pass. HB 693. Do pass. HB 684. Do pass. HB 694. Do pass. HB 687. Do pass. HB 711. Do pass. HB 691. Do pass. HB 713. Do pass. HB 692. Do pass. HB 718. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills were read the second time: SB 83 SB 220 SB 270 SB 276 HB 277 Senator Clay of the 37th moved that Senator Tanksley of the 32nd be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Tanksley was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: 700 JOURNAL OF THE SENATE Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Brush Marable Perdue (presiding) Scott Tanksley (excused) Thompson Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Perdue of the 18th introduced the chaplain of the day, Arthur Hicks, pastor of Union Grove Missionary Baptist Church, Warner Robins, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 257. By Senator Perdue of the 18th: A resolution recognizing and commending Nancy and Drew McDowell. SR 258. By Senator Clay of the 37th: A resolution commending the 1996-97 Shiloh Hills Christian School Challengers Men's Varsity Basketball Team. SR 259. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution recognizing and commending Chairman James Ray, Grand Mar shal Monsignor Daniel J. Bourke, and other representatives of the Savannah St. Patrick's Day Parade Committee. HR 404. By Representative Parham of the 122nd: A resolution commending W. T. Smith, M.D. Senator Perdue of the 18th introduced the family of the late David A. Perdue, com mended by SR 242, adopted previously. 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: MONDAY, MARCH 3, 1997 701 SENATE LOCAL CONSENT CALENDAR Monday, March 3, 1997 TWENTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 323 Madden, 47th ELBERT COUNTY Provides a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over. HB 684 Ragan, llth CITY OF DONALSONVILLE Provides a new charter for the City of Donalsonville. HB 687 Ragan, llth CITY OF PELHAM Amends an Act providing a new charter for the City of Pelham, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes. HB 691 Land, 16th TALBOT COUNTY Amends an Act reconstituting the Board of Education of Talbot County, so as to provide for education districts. HB 692 Land, 16th TALBOT COUNTY Amends an Act establishing a Board of Commissioners of Talbot County, so as to provide for commissioner districts. HB 693 Taylor, 12th CITY OF DAWSON and TERRELL COUNTY Creates the Dawson-Terrell County Airport Authority. HB 694 Hooks, 14th PEACH COUNTY Amends an Act known as the "Peach County Water and Sewer Authority Act," so as to provide that the members of the board shall enter upon their duties on July 1, 1997. HB 711 Roberts, 30th CARROLL COUNTY Amends an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor. 702 JOURNAL OF THE SENATE HB 713 Roberts, 30th CARROLL COUNTY Amends an Act placing the coroner of Carroll County on an annual salary, so as to change the compensation of the coroner of Carroll County. HB 718 Langford, 29th MERIWETHER COUNTY Amends an Act creating the Board of Commissioners of Meriwether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Brush James Perdue (presiding) Tanksley (excused) Thomas of 54th On the passage of the local bills, the yeas were 50, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Monday, March 3, 1997 TWENTY-SLKTH LEGISLATIVE DAY SR 166 Clinch, Fulton, Gwinnett Counties--conveyance of state property (Amendment)(F&PU--44th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 28, 1997.) SB 95 State Depositories--designate foreign banks for certain state funds (SubstituteXB&FI--46th) MONDAY, MARCH 3, 1997 703 SB 306 Council of Court Administrators--create (SubstituteXS Judy--37th) SR 236 Harold S. Willingham--designate portion of South Marietta Loop in honor (Trans--33rd) SR 289 Alcoholic Beverages--brewpubs (C Aff--55th) SB 183 Guardian--when certain financial power of agent terminates (Judy--3rd) SB 61 DUI--eliminate plea of nolo contendere (Judy--35th) SB 313 Magistrate Court Training Council--appointment by President of Council (SLGO--G--25th) SR 213 DeKalb County--conveyance of certain state property (Substitute) (F&PU-- 46th) SB 212 Hazardous Buildings--codes adopted by Fire Commissioner and commissioner of community affairs (Amendment) (C Aff--29th) SB 278 Chiropractors--definitions, certain administering of adjustments (YA&HE-- 3rd) SB 237 Emergency 911 Systems--payment from certain fund for personnel, expenses (C Aff--43rd) SB 146 Stone Mountain--amendment of master plan by Memorial Association (Substitute)(EDT&CA--55th) SB 179 Guardian of Incapacitated--notices regarding evaluation (Substitute) (S Judy-- 32nd) HR 49 "Hugh L. Logan Interchange"; designate (Trans--46th) McBee--88th SB 308 Nursing Home Resident Evaluations--reimburse clinical social workers (C Aff--47th) SB 145 Highways--relating to bicycle, railroad facilities (SubstituteXTrans--55th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general resolution of the Senate, having been read the third time and final action suspended on February 28, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption: SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. The amendment offered by Senator Oliver of the 42nd on February 28, as it appears in the Journal of February 28, was automatically reconsidered. On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. 704 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Balfour Blitch Madden Perdue (presiding) Tanksley (excused) Taylor Walker On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following general bills were read the third time and put upon their passage: SB 95. By Senator Broun of the 46th: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the designation of foreign banks as state depositories of certain state funds under restricted cir cumstances; to provide for the deposit of such funds in foreign banks. The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 95: A BILL To be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the designation of foreign banks as state depositories of certain state funds under restricted circumstances; to provide for the deposit of such funds in foreign banks; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-50, relating to the creation and duties of the State Depository Board, and inserting in lieu thereof a new Code section to read as follows: MONDAY, MARCH 3, 1997 705 "50-17-50. The State Depository Board, hereinafter referred to in this article as the 'board,' is cre ated, consisting of the Governor, the Commissioner of Insurance, the state auditor, the commissioner of banking and finance, the state revenue commissioner, and the director of the Office of Treasury and Fiscal Services, hereinafter referred to in this article as the 'director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state deposito ries of state funds any building and loan association or federal savings and loan associa tion which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board may also authorize any department, board, bureau, or other agency of the state which has a foreign ofSce to deposit state funds for current operating expenses in certain foreign banks, the deposits of which are not insured by the Federal Deposit Insur ance Corporation, provided the balance of such deposits in any one foreign bank does not exceed limits prescribed by the State Depository Board. For the purposes of this article, 'foreign bank' shall mean a bank organized under the laws of a foreign country. The board is assigned to the Department of Administrative Services for administrative pur poses only as prescribed in Code Section 50-4-3." SECTION 2. Said article is further amended by striking subsection (a) of Code Section 50-17-63, relating to deposit and investment of funds, and inserting in lieu thereof a new subsection to read as follows: "(a) All demand funds held by any department, board, bureau, or other agency of the state shall be deposited in state depositories, except the monthly deposits of funds for current operating expenses may be deposited in a foreign bank by any department, board, bureau, or other agency of the state which has a foreign office, provided that the department, board, bureau, or other agency of the state limits its operating deposits in foreign banks to conform to guidelines and dollar limitations prescribed by the State Depository Board; and such funds that are in excess of requirements for current operat ing expenses shall be placed under time deposit agreements by the director conforming to interest contracts then having approval of the board made pursuant to Code Section 5017-52; and any funds not deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the director when directed by the board. The board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau, or agency in short-term time de posit agreements, provided the interest income of those funds is remitted to the director as revenues of the state." SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. 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. 706 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Henson and Price of the 56th. Those not voting were Senators: Balfour Cheeks Perdue (presiding) Tanksley (excused) Taylor On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. SB 306. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and Tanksley of the 32nd: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, pow ers, and duties of the council; to provide for funding of the council; to provide for the status of the council. The Senate Special Judiciary Committee offered the following substitute to SB 306: A BILL To be entitled an Act to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, powers, and duties of the council; to provide for funding of the council; to provide for the status of the council; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, is amended by adding at the end thereof a new Article 7 to read as follows: MONDAY, MARCH 3, 1997 707 "ARTICLE 7 15-5-100. (a) There is created a council of court administrators to be known as the 'Georgia Council of Court Administrators.' The council shall be composed of the full-time court adminis trators and managers of all courts within this state. The council is authorized to organ ize itself and to develop a constitution and bylaws. The council is authorized to elect such officers, including an executive committee, as it shall deem advisable to carry out its duties and responsibilities. The council is authorized to appoint advisory committees and establish the membership and duties thereof. In addition to the full-time members of the council, the council is authorized to provide for special classes of nonvoting mem berships for honorary members, students and teachers of court administrat'on, and those persons who have retired from positions involving the administration and management of courts. (b) It shall be the purpose of the council to effectuate the responsibilities conferred upon it by law, to further the improvement of the courts and the administration of justice, to assist the court administrators and managers throughout the state in the execution of their duties, and to promote and assist in the training of court administrators, managers, and support personnel. (c) Expenses of the administration of the council shall be paid from state funds appropri ated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. (d) The Georgia Council of Court Administrators shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st 708 JOURNAL OF THE SENATE Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Balfour Perdue (presiding) Tanksley (excused) Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor. 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Crotts Fort Perdue (presiding) Ray Tanksley (excused) On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Thompson of the 33rd moved that SR 236 be immediately transmitted to the House. On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 236 was immediately transmitted. MONDAY, MARCH 3, 1997 709 SB 289. By Senators Henson of the 55th and Johnson of the 1st: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the definition of "brewpub"; to authorize the holder of a brewpub license to engage in certain permits relating to brewery tours. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Broun of 46th Brown of 26th Brush Cheeks Clay Egan Fort Gillis Griffin Henson Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Oliver Price of 28th Price of 56th Ragan Scott Stokes Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those voting in the negative were Senators: Abernathy Blitch Boshears Burton Cagle Crotts Dean Gochenour Guhl Harbison Hill Huggins Kemp Marable Ray Roberts Starr Thompson Those not voting were Senators: Balfour Glanton James Middleton Perdue (presiding) Ralston Tanksley (excused) On the passage of the bill, the yeas were 31, nays 18. The bill, having received the requisite constitutional majority, was passed. The President assumed the Chair. SB 183. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appoint ment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Burton 710 JOURNAL OF THE SENATE Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Balfour Blitch Brush Hill Oliver Ragan Ralston Tanksley (excused) Tysinger On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 61. By Senator James of the 35th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotat ed, relating to acceptance of a plea of nolo contendere to a charge of driving under the influence, so as to eliminate the plea of nolo contendere to the charge of driving under the influence. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Blitch Egan Tanksley (excused) Taylor On the passage of the bill, the yeas were 51, nays 0. MONDAY, MARCH 3, 1997 711 The bill, having received the requisite constitutional majority, was passed. SB 313. By Senators Griffin of the 25th, Stokes of the 43rd, Brown of the 26th and Fort of the 39th: A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate training, so as to change the appointing au thority of magistrates to serve on the Magistrate Court Training Council; to pro vide for appointment by the President of the Magistrate Council. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Balfour Egan Henson Tanksley (excused) Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 213. By Senators Broun of the 46th and Burton of the 5th: A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia. The Senate Finance and Public Utilities Committee offered the following substitute to SR 213: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gwinnett County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the Stone Mountain Memorial Association is the owner of two certain parcels of real property or property interests located in Gwinnett County, Georgia; and WHEREAS, said real properties are all those tracts or parcels of land lying and being in Land Lots 59 and 60 of the 6th District of Gwinnett County, Georgia, consisting of Tract B and Tract D containing 1.479 acres and 1.126 acres, respectively, as shown on a plat of survey prepared by O. Eugene Kay, Georgia Registered Land Surveyor No. 1943, dated 712 JOURNAL OF THE SENATE March 5, 1996, on file in the offices of the Stone Mountain Memorial Association, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the Stone Mountain Memorial Association for approval; and WHEREAS, the Stone Mountain Memorial Association has determined that the above-de scribed properties are no longer needed and are, therefore, surplus to its needs. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the Stone Mountain Memorial Association is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its Stone Mountain Memorial Association. SECTION 2. That the above-described parcels may be sold for a consideration of not less than the fair market value or exchanged for other properties of equal value as determined by the Stone Mountain Memorial Association to be in the best interest of the State of Georgia and such further consideration and provisions as the Stone Mountain Memorial Association shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3. That the Stone Mountain Memorial Association is authorized and empowered to do all acts and things necessary and proper to effect such sale or exchange. SECTION 4. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 5. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat MONDAY, MARCH 3, 1997 713 Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Balfour Bowen Egan Tanksley (excused) Walker On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SB 212. By Senator Langford of the 29th: A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present a special hazard to persons or property, so as to provide that in the event of a conflict between the codes and standards adopt ed by the Safety Fire Commissioner and the commissioner of community affairs, the more protective code or standard shall prevail. The Senate Consumer Affairs Committee offered the following amendment: Amend SB 212 by striking on line 13 of page 2 the number "45" and inserting in lieu thereof the number "35". On the adoption of the amendment, the yeas were 42, nays 0, and the committee amendment was adopted. Senator Brush of the 24th offered the following amendment: Amend SB 212 by adding on page 2 line 6 after the word "submit" the following "; or may require that the building official in the subject jurisdiction submit" On the adoption of the amendment, the yeas were 38, nays 0, and the Brush amend ment to SB 212 was adopted. Senator Langford of the 29th offered the following amendment: Amend SB 212 by striking, beginning on page 2, line 24 after "contrary," the remainder of the paragraph and adding back "this act shall become effective on July 1, 1997." On the adoption of the amendment, the yeas were 40, nays 0, and the Langford amendment to SB 212 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Guhl Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ray Roberts Scott Starr Stokes Streat 714 JOURNAL OF THE SENATE Taylor Thomas of 54th Thomas of 10th Thompson Turner Those voting in the negative were Senators: Abernathy Egan Fort Henson Those not voting were Senators: Balfour Harbison Ragan Ralston Tysinger Walker James Tanksley (excused) On the passage of the bill, the yeas were 46, nays 5. The bill, having received the requisite constitutional majority, was passed as amended. Senator Cagle of the 49th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Ralston was excused. SB 278. By Senators Kemp of the 3rd, Thompson of the 33rd, Clay of the 37th and Griffin of the 25th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions. Senator Price of the 56th offered the following amendment: Amend SB 278 by striking lines 1 through 3 of page 2 and inserting in their place the following: "this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice.' " 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Voting in the negative was Senator Thomas of 10th. MONDAY, MARCH 3, 1997 715 Those not voting were Senators: Balfour Crotts Price of 28th Ralston (excused) Tanksley (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. SB 237. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and Thomas of the 10th: A bill to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, so as to authorize payment, from an Emergency Tele phone System Fund maintained by a local government, of certain personnel and supply costs and the cost of leasing, purchasing, or maintaining certain equip ment. Senator Stokes of the 43rd offered the following amendment: Amend SB 237 by inserting the word "radios," after the word "of on page 2 line 13. 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Glanton Gochenour Guhl Price of 28th Those not voting were Senators: Balfour Crotts Ralston (excused) Tanksley (excused) Price of 56th Taylor Thomas of 10th On the passage of the bill, the yeas were 45, nays 5. The bill, having received the requisite constitutional majority, was passed as amended. 716 JOURNAL OF THE SENATE SB 146. By Senators Henson of the 55th, Burton of the 5th, Oliver of the 42nd and Broun of the 46th: A bill to amend Code Section 12-3-194.2 of the Official Code of Georgia Annotat ed, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, so as to change the manner in which such master plan shall be amended. The Senate Economic Development, Tourism, and Cultural Affairs Committee offered the following substitute to SB 146: A BILL To be entitled an Act to amend Code Section 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, so as to provide for limitations on the use of property in the natural district; to provide for conditions and procedures with respect to proposed changes in use; 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 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, is amended by striking subsection (b) and inserting in its place new subsections (b) and (c) as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, the The associa tion !nliy7TH>rE~tm:fe~T;oTIml37~i;^^ with the following procedure: (1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association; (2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the associa tion shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be dis tributed to the media by news release and published in appropriate publications of the association; (3) The association shall transmit three copies of the summary provided for in para graph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a standing written request. In the event a presiding officer is unavailable for the pur pose of making the assignment within the time limitations, the legislative counsel shall assign the summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations pro vided in this paragraph a notice of the assignment to the chairperson of the appropri ate standing committee; MONDAY, MARCH 3, 1997 717 (4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the associ ation adopts the proposed amendment over the objection, the amendment may be con sidered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amend ment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval; (5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; (6) A public hearing shall be held no earlier than 15 days after the most recent publica tion of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and (7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection. (c)(l) The properties designated as the natural district on the master plan, as it exists on the effective date of this subsection, shall be held by the association in trust fortEe benefit of the present and future generations of the people of the State of Georgia. The natural district shall be put to the designated use or uses which are shown within the master plan as it exists on the effective date of this subsection, which use or uses are found to confer the best and most important benefit to the public. The natural district shall not be put to any uses other than those shown on the master plan except pursu ant to the following procedures: (A) If the association determines that there may exist an imperative and unavoida ble necessity for a use of the natural district other than those uses identified in the master plan, the association shall hold a public hearing thereon in either DeKalb County or Gwinnett County; (B) The association shall consider fully all testimony relative to the proposed use of the natural district and submit a recommendation to the General Assembly; and (C) The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other use of the natural district (2) Neither the designation of a piece of property as a part of the natural district nor any action taken by the association pursuant to this Code section shall operate to void, 718 JOURNAL OF THE SENATE preempt, or dilute any protected status which that property had or would have had but for its inclusion within the natural district. (3) Notwithstanding any other provision of this Code section to the contrary, the asso ciation shall: (A) Consider in all of its decisions regarding changes to, and implementation of, the master plan the effect of such change or implementation upon the rare plant known as the rock aster, Aster Avitus, growing within Stone Mountain Park; and (B) Maintain the services of a qualified naturalist to assure that rare and endan gered plants within Stone Mountain Park, whether growing inside or outside of the natural areas, are protected." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Scott Tanksley (excused) On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 179. By Senators Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for notice to the MONDAY, MARCH 3, 1997 719 attorney of the proposed ward and other interested parties of the date and time of the evaluation and changes in such date and time. The Senate Special Judiciary Committee offered the following substitute to SB 179: A BILL To be entitled an Act to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to provide for notice to the attor ney of the proposed ward of the date and time of the evaluation and changes in such date and time; to provide that the judge of the probate court shall have the exclusive power to change such date, place, and time; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking in its entirety subsection (c) of Code Section 29-5-6, relating to procedure for appointing guardians, and inserting in its place the following: "(c)(l) The court shall, if the petition is not dismissed under paragraph (3) of subsection (b) of this Code section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 or a psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to paragraph (3) of subsection (a) of this Code section. (2) The physician or psychologist shall evaluate the proposed ward. (3) The physician or psychologist shall explain the purpose of the evaluation to the ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged but such statements shall be competent evidence in a proceeding under this chapter only. The ward's attorney may be present but shall not participate in the evaluation. (4) The evaluation shall be conducted with as little interference with the proposed ward's activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the time set in the notice to the proposed ward shall not be sooner than the fifth day after service of the notice on the proposed ward. The judge of the probate court, however, shall have the exclusive power to change the date, place, and time of the examination at any time upon reasonable actual notice being given to the proposed ward and the attorney of the proposed ward. If the pro posed ward fails to appear, the judge of the probate court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician or psychologist for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the ward shall not be detained in the facility or office overnight. (5) A written report shall be filed with the court no later than seven days after the date of the examination. (6) The report shall be signed under oath by the physician or psychologist. It shall: (A) State the duration and circumstances of the evaluation, including a summary of questions or tests utilized; (B) List all persons and other sources of information consulted in evaluating the proposed ward; 720 JOURNAL OF THE SENATE (C) Describe the proposed ward's mental and physical state and condition, including all observed facts considered by the physician or psychologist; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Henson Scott Tanksley (excused) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HR 49. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the "Hugh L. Logan Interchange". The report of the committee, which was favorable to the adoption of the resolution, was agreed to. MONDAY, MARCH 3, 1997 721 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Balfour Guhl Ralston Scott Tanksley (excused) Tysinger On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:05 P.M., the President announced the Senate adjourned. 722 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 4, 1997 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 682. By Representatives Connell of the 115th, Walker of the 141st, Irvin of the 45th and others: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, so as to au thorize such sales at certain university system continuing education centers; to authorize such sales at certain university system athletic facilities under cer tain circumstances. HB 653. By Representatives DeLoach of the 119th and Anderson of the 116th: A bill to provide a new charter for the City of Blythe. HB 776. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide for limitations with respect to the installation of certain trunk lines. HB 777. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. HB 783. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to create the Acworth Area Convention and Visitors Bureau Authority. HB 784. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city. TUESDAY, MARCH 4, 1997 723 HB 785. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period. HB 787. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to restyle the police court of the City of Waycross as the Municipal Court of the City of Waycross. HB 789. By Representatives Bradford of the 30th, Cooper of the 31st, Parsons of the 40th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general. HB 793. By Representatives Williams of the 63rd, Ladd of the 59th, O'Neal of the 75th and others: A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax com missioner. HB 797. 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 provide for the compensation of the Solicitor-General and the Judge of said court. HB 798. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city. HB 799. By Representative Massey of the 86th: A bill to amend an Act reincorporating the City of Winder, so as to repeal the two-term limit applicable to the mayor. HB 681. By Representatives Walker of the 141st, Skipper of the 137th, Lee of the 94th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Sec tion 40-6-391. HB 306. By Representatives Smith of the 109th, Barnes of the 33rd and Crawford of the 129th: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the provi sions regarding failure to pay such tax barring actions on indebtedness. 724 JOURNAL OF THE SENATE HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic bever age licensing; to change certain provisions relating to furnishing alcoholic bever ages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. HB 309. By Representative Greene of the 158th: A bill to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relat ing to terms of office and elections of municipal offices, so as to provide that the General Assembly is authorized to provide by local law for municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of Code Section 21-3-64 so as to change the terms of office to four years. HB 497. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization for the department to compensate employees for damage to apparel under certain cir cumstances. HB 152. By Representative Birdsong of the 123rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication. HB 553. By Representatives Barnes of the 33rd, Murphy of the 18th and Ragas of the 64th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide for reimbursement of medical benefits paid to health benefit plans, health maintenance organizations, and insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits. HB 496. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a pro gram on behalf of the department on state-owned property. The following bills were introduced, read the first time and referred to committees: SB 344. By Senator Perdue of the 18th: A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability. TUESDAY, MARCH 4, 1997 725 Referred to Committee on State and Local Governmental Operations (General). SB 345. By Senator Clay of the 37th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensure of the practice of hypnotherapy; to provide for a short title; to provide for definitions; to provide for a hypnotherapist council and for its membership, powers, duties, and organi zation; to provide for terms, appointment, compensation, and qualifications of councilmembers; to provide for scope and duties of practice. Referred to Committee on Consumer Affairs. SB 346. By Senators Clay of the 37th, Lamutt of the 21st and Thompson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. Referred to Committee on State and Local Governmental Operations. SB 347. By Senator Egan of the 40th: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for fees for permits for construction, modification, and operation of certain pollutant discharge facilities. Referred to Committee on Natural Resources. SB 348. By Senators Cheeks of the 23rd, Starr of the 44th, Clay of the 37th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method; to provide for penalties, civil actions, and relief; to provide for exceptions. Senator Cheeks of the 23rd gave notice that at the proper time, he would move to engross SB 348. SB 349. By Senator Hooks of the 14th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change provisions relating to state relations with nonprofit organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions. Referred to Committee on State and Local Governmental Operations (General). SR 260. By Senator Price of the 28th: A resolution designating the William Thomas Overby Memorial Parkway. Referred to Committee on Transportation. SR 263. By Senators Henson of the 55th, Thomas of the 10th and Burton of the 5th: A resolution creating the Senate Study Committee on Adapted Sports Pro grams. Referred to Committee on Rules. 726 JOURNAL OF THE SENATE SR 270. By Senators Perdue of the 18th and Clay of the 37th: A resolution creating the Joint Campaign Finance Reform Study Committee. Referred to Committee on Rules. SR 271. By Senators Thompson of the 33rd, Starr of the 44th, Dean of the 31st and Marable of the 52nd: A resolution creating the Joint Study Committee on the Simplification of Auto mobile Registration and Taxation. Referred to Committee on Rules. SR 272. By Senators Thompson of the 33rd, Starr of the 44th, Dean of the 31st and Marable of the 52nd: A resolution creating the Senate Study Committee on the Simplification of Auto mobile Registration and Taxation. Referred to Committee on Rules. SR 273. By Senator Kemp of the 3rd: A resolution creating the Senate Automobile and Motorcycle Insurance Policy Cancellation and Nonrenewal Study Committee. Referred to Committee on Rules. SR 274. By Senator Kemp of the 3rd: A resolution creating the Senate Property Tax Study Committee. Referred to Committee on Rules. SR 275. By Senator Kemp of the 3rd: A resolution creating the Joint Property Tax Study Committee. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 152. By Representative Birdsong of the 123rd: A hill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication. Referred to Special Judiciary Committee. HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic bever age licensing; to change certain provisions relating to furnishing alcoholic bever ages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. Referred to Consumer Affairs Committee. TUESDAY, MARCH 4, 1997 727 HB 306. By Representatives Smith of the 109th, Barnes of the 33rd and Crawford of the 129th: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the provi sions regarding failure to pay such tax barring actions on indebtedness. Referred to Finance and Public Utilities Committee. HB 309. By Representative Greene of the 158th: A bill to amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relat ing to terms of office and elections of municipal offices, so as to provide that the General Assembly is authorized to provide by local law for municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of Code Section 21-3-64 so as to change the terms of office to four years. Referred to State and Local Governmental Operations (General) Committee. HB 496. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a pro gram on behalf of the department on state-owned property. Referred to Youth, Aging and Human Ecology Committee. HB 497. By Representatives Sinkfield of the 57th, Buckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization for the department to compensate employees for damage to apparel under certain cir cumstances. Referred to Youth, Aging and Human Ecology Committee. HB 553. By Representatives Barnes of the 33rd and Murphy of the 18th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide for reimbursement of medical benefits paid to health benefit plans, health maintenance organizations, and insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits. Referred to Judiciary Committee. HB 681. By Representatives Walker of the 141st, Skipper of the 137th, Lee of the 94th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Sec tion 40-6-391. Referred to Judiciary Committee. 728 JOURNAL OF THE SENATE HB 682. By Representatives Connell of the 115th, Walker of the 141st, Irvin of the 45th and others: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, so as to au thorize such sales at certain university system continuing education centers; to authorize such sales at certain university system athletic facilities under cer tain circumstances. Referred to Higher Education Committee. HB 653. By Representative DeLoach of the 119th: A bill to provide a new charter for the City of Blythe. Referred to State and Local Governmental Operations Committee. HB 776. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide for limitations with respect to the installation of certain trunk lines. Referred to State and Local Governmental Operations Committee. HB 777. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax. Referred to State and Local Governmental Operations Committee. HB 783. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to create the Acworth Area Convention and Visitors Bureau Authority. Referred to State and Local Governmental Operations Committee. HB 784. By Representatives Shipp of the 38th, Manning of the 32nd, Bradford of the 30th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city. Referred to State and Local Governmental Operations Committee. HB 785. By Representatives Parham of the 122nd and Hudson of the 120th: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period. Referred to State and Local Governmental Operations Committee. TUESDAY, MARCH 4, 1997 729 HB 787. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to restyle the police court of the City of Waycross as the Municipal Court of the City of Waycross. Referred to State and Local Governmental Operations Committee. HB 789. By Representatives Bradford of the 30th, Cooper of the 31st, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general. Referred to State and Local Governmental Operations Committee. HB 793. By Representatives Williams of the 63rd, Ladd of the 59th, O'Neal of the 75th and others: A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax com missioner. Referred to State and Local Governmental Operations Committee. HB 797. 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 provide for the compensation of the Solicitor-General and the Judge of said court. Referred to State and Local Governmental Operations Committee. HB 798. By Representatives Dixon of the 168th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city. Referred to State and Local Governmental Operations Committee. HB 799. By Representative Massey of the 86th: A bill to amend an Act reincorporating the City of Winder, so as to repeal the two-term limit applicable to the mayor. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 274. Do pass by substitute. Respectfully submitted, Senator Broun of the 46th District, Chairman 730 JOURNAL OF THE SENATE Mr. President: The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 92. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 226. Do pass. SB 185. Do pass. SB 161. Do pass by substitute. SB 171. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 39. 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 bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 325. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 261. Do pass. SB 315. Do pass as amended. Respectfully submitted, Senator Thomas of the 10th District, Chairman TUESDAY, MARCH 4, 1997 731 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 327. Do pass. HB 602. Do pass. SB 339. Do pass. HB 741. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Senator Clay of the 37th moved that Senator Gochenour of the 27th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Gochenour was excused. Senator Johnson of the 1st moved that Senator Tanksley of the 32nd be excused. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Tanksley was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Brush Gochenour (excused) Guhl Henson Kemp Perdue (presiding) Scott Tanksley (excused) Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Clay of the 37th introduced the chaplain of the day, Reverend Burt Carmichael, Chaplain of Promina Cobb Hospital, Austell, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 261. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution commending and honoring Monsignor Daniel J. Bourke who will serve as Grand Marshal of the 1997 St. Patrick's Day Parade in Savannah. 732 JOURNAL OF THE SENATE SR 262. By Senators Henson of the 55th, Oliver of the 42nd, Stokes of the 43rd and others: A resolution commending the DeKalb County Adapted Sports Program. SR 264. By Senators Boshears of the 6th, Gillis of the 20th, Broun of the 46th and others: A resolution congratulating former Georgia Governor Carl E. Sanders on his induction into the Georgia Aviation Hall of Fame. SR 265. By Senators Blitch of the 7th, Turner of the 8th, Boshears of the 6th and Taylor of the 12th: A resolution commending the Okefenokee Boy Scout Council of the Boy Scouts of America. SR 266. By Senators Blitch of the 7th, Boshears of the 6th and Taylor of the 12th: A resolution honoring the Office of the Consulate General of the Federal Repub lic of Germany. SR 267. By Senators Blitch of the 7th, Boshears of the 6th and Taylor of the 12th: A resolution commending Hank Orberg. SR 268. By Senator Perdue of the 18th: A resolution commending Carolyn Y. Glass. SR 269. By Senator Perdue of the 18th: A resolution commending the Georgia Network of Children's Advocacy Centers. SR 276. By Senators Ray of the 48th, Tysinger of the 41st, Burton of the 5th and Price of the 56th: A resolution congratulating the State Court of Gwinnett County on the occasion of its 60th anniversary. 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 4, 1997 TWENTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 327 Dean, 31st CITY OF DALLAS Repeals an Act approved February 27, 1987, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amend ment creating the City of Dallas Parking Authority duly ratified at the 1972 general election and proclaimed by the Governor to be part of the Constitution of the State of Georgia. TUESDAY, MARCH 4, 1997 733 SB 339 Crotts, 17th HENRY COUNTY Amends an Act entitled "An Act to fix the compensation of the members of the Board of Education of Henry County," approved March 21, 1958, as amended, particularly by an Act approved April 4, 1991 so as to change the compensation of such members. HB 602 Ray, 48th T. Price, 56th CITY OF ALPHARETTA Amends an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city. HB 741 E. Johnson, 1st Kemp, 3rd BRYAN COUNTY Amends an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to clarify the provisions relating to the compensation and benefits of such officer. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Gochenour (excused) Perdue (presiding) Scott Tanksley (excused) On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. Senator Perdue of the 18th introduced Mr. and Mrs. Drew McDowell, commended by SR 257, adopted previously. Mrs. McDowell addressed the Senate briefly. 734 JOURNAL OF THE SENATE Senator Stokes of the 43rd introduced the doctor of the day, Dr. Reginal Smith of Decatur, Georgia. The proper time arrived to entertain a motion to engross SB 348. No motion to engross was offered, and the President referred SB 348 to the Judiciary Committee. SENATE RULES CALENDAR Tuesday, March 4, 1997 TWENTY-SEVENTH LEGISLATIVE DAY SB 269 Blasting Near Underground Gas Pipes--accurate marking of pipe location (Substitute)(F&PU--33rd) SB 83 Vehicular Homicide Related to DUI--trial within one year of indictment (SubstituteXJudy--35th) SR 23 Senate Music Industry Committee--create (Rules--31st) SB 145 Highways--relating to bicycle, railroad facilities (Substitute) (Trans--55th) SB 270 Tax Executions--notice, enforcement (Judy--42nd) SB 213 Liability of Landowner--negligence regarding existing hazardous conditions (Judy--6th) SB 276 Professional Malpractice Action for Damages--affidavit filed (Substi tuted Judy--16th) HB 119 Alcoholic beverages; illegal direct shipments to persons in state (Substitute)(EDT&CA--18th) Buck--135th HB 93 Farm wineries; sales for consumption on premises; authorize (C Aff--47th) Buck--135th HB 178 Personal property; theft by conversion; renters (Substitute) (S Judy--24th) Dobbs--92nd HR 174 EPA; public hearings in northwest Georgia; urge Congress request (Nat R-- 52nd) Childers--13th HB 277 Emergency medical services; communications; enforcement (H&HS--56th) Trense--44th HB 428 Job tax credits; telecommunications; applicability (F&PU--12th) Baker--70th HB 127 Health; articles of bedding; repeal chapter (H&HS--50th) Shaw--176th HB 208 Metropolitan Area Planning and Development Commissions; mayoral members; selection (SLGO--G--28th) Orrock--56th HB 130 Agriculture Registration, License, and Permit Act; amend provisions (Ag--llth) Floyd--138th HB 182 Antifreeze; inspection of samples; amend provisions (C Aff--55th) McCall--90th HB 49 Georgia Fertilizer Act of 1997; enact (SubstituteXAg-- llth) Reaves--178th HB 418 Ad valorem tax; certain commercial vehicles; separate class (F&PU--33rd) Jamieson--22nd TUESDAY, MARCH 4, 1997 735 HR 167 Mitchell County; convey property (F&PU--llth) Royal--164th HB 171 Georgia Administrative Procedure Act; redefine agency (C Aff--55th) Dixon-- 168th HB 214 Schools; instruction; correct use and display of U. S. flag (Substitute) (Ed-- 52nd) Birdsong--123rd Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 269. By Senators Thompson of the 33rd and Roberts of the 30th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change the definition of the term "corporation"; to provide that information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such facilities and accurate to within 18 inches measured vertically from the topmost edge of such utility facilities. The Senate Finance and Public Utilities Committee offered the following substitute to SB 269: A BILL To be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change the definition of the term "corporation"; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, is amended by striking para graph (4) of Code Section 25-9-2, relating to definitions applicable to said chapter, and in serting in lieu thereof a new paragraph (4) to read as follows: "(4) 'Corporation' means any corporation; municipal corporation; county; authority^ jointstock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 736 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Gochenour (excused) Perdue (presiding) Starr Tanksley (excused) Thomas of 10th 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 President assumed the Chair. SB 83. By Senator James of the 35th: A bill to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, so as to provide that persons accused of vehicular homicide through violation of Code Section 40-6-391, relating to driv ing under the influence of alcohol or drugs, shall be given a trial within one year of indictment or be acquitted of the offense; to provide for applicability. The Senate Judiciary Committee offered the following substitute to SB 83: A BILL To be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, so as to provide a short title; to provide that persons accused of vehicular homicide through violation of Code Section 40-6-391, re lating to driving under the influence of alcohol or drugs, shall be given a trial within two years of indictment or be acquitted of the offense unless a continuance is granted by the court; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, is amended by adding at the end thereof a new Code Section 17-7-173 to read as follows: TUESDAY, MARCH 4, 1997 737 "17-7-173. (a) This Code section shall be known and may be cited as the 'Speedy Trial Victim's Rights Act.' (b) Any person against whom a true bill of indictment or an accusation is filed with the clerk of the court for the offense of homicide by vehicle through the violation of Code Section 40-6-391 shall be given a trial within a two-year period following such indictment or accusation, unless a continuance is granted by the court in accordance with the grounds for continuance provided in Article 7 of Chapter 10 of Title 9. In the event a continuance is granted to the next term of the court, the case shall, at that term, be placed in the number one position on the trial calendar of the court." SECTION 2. This Act shall apply to persons indicted or accused of homicide by vehicle through violation of Code Section 40-6-391 on or after July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Cagle of the 49th moved that SB 83 be committed to the Judiciary Committee. Senator Dean of the 31st moved the previous question. The previous question motion takes precedence. There was no objection to the previous question; therefore, the previous question was ordered. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Brown of 26th Brush Dean Fort Gillis Griffin Harbison Henson Hill Huggins James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Balfour Broun of 46th Burton Cagle Clay Crotts Egan Glanton Guhl Johnson of 1st Lamutt Land Price of 28th Ray Those not voting were Senators: Abernathy Cheeks Gochenour (excused) Hooks (excused conferee) Tanksley (excused) 738 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 37, nays 14. The bill, having received the requisite constitutional majority, was passed by substitute. SR 23. By Senators Dean of the 31st, Broun of the 46th and Marable of the 52nd: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Clay Gochenour (excused) Guhl Hooks (excused conferee) James Perdue (excused conferee) Tanksley (excused) Thomas of 10th On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 145. By Senator Henson of the 55th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle trans portation facilities within the definition of the term "other transportation pur poses"; to provide for the inclusion of certain railroads and related facilities and operating rights within the definition of the term "public road". The Senate Transportation Committee offered the following substitute to SB 145: A BILL To be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle transportation facilities within the definition of the term "other transportation purposes"; to provide for the inclusion of bicycle transportation facilities within the definition of the term "major transportation facility"; to change certain provisions relating to operation of facilities or systems and financial assistance to systems by the Department of Transportation; to pro vide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 4, 1997 739 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and fer ries, is amended by striking paragraph (18) of Code Section 32-1-3, relating to definitions, and inserting in its place a new paragraph (18) to read as follows: "(18) 'Other transportation purposes' or 'other public transportation purposes' means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transporta tion facilities, as defined in paragraph (2) of subsection (a) of Code Section 32-9-1, trans portation projects, as defined by subsection (h) of Section 2 of an Act appro\ad March 10, 1965 (Ga. L. 1965, p. 2243), as amended, and: transportation enhancement activities, as defined in Section 101 of Title 23 of the United States Code, as amended by Public Law 102-240 as it existed on January 1, 1993, pedestrian walkways, and bicycle transporta tion facilities as defined in Section 217 ofTitle 23 of the United States Code as it existed on January 1, 1997. However, in no event and for no purpose shall the term 'other transportation purposes' or 'other public transportation purposes' be deemed to include coal slurry pipelines." SECTION 2. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 322-3, relating to the development of transportation plans, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Major transportation facility' means: (A) Any facility primarily designed to transport people or goods rapidly and effi ciently, including but not limited to air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, trrrd port facilities, pedestrian walkways, and bicycle transportation facilities; or (B) Any facility or facilities utilized in providing a mass transit system for a stan dard metropolitan area or urban area." SECTION 3. Said title is further amended by striking Code Section 32-9-2, relating to operation of facili ties or systems and financial assistance to systems by the Department of Transportation, and inserting in lieu thereof a new Code Section 32-9-2 to read as follows: "32-9-2. (a) As used in this Code section, the term: (1) 'Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or reconstruction of facilities and equip ment for use in mass transportation, pedestrian walkways, and bicycle transportation facilities, including designing, engineering, locating, surveying, mapping, and acquisi tion of rights of way. (2) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department, to transport people, com modities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (b) Subject to general appropriations for such purposes except as otherwise authorized under subsection (e) of this Code section, the department may, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain, and operate mass transportation facilities or systems, pedestrian walkways, and bicycle transportation facilities. 740 JOURNAL OF THE SENATE (c)(l) The department may, when funds are available from the United States govern ment for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for the payment of operating expenses to improve or to continue such mass transportation service by oper ation, lease, contract, or otherwise. (2) The department may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of fa cilities and equipment for use, by operation or lease or otherwise, in mass transporta tion service. (3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maxi mum of 10 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems. (d) The department shall not enter into any contract with any private entity for the pur poses set out in subsections (b) and (c) of this Code section without the prior concurrence of the State Transportation Board. (e) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section, except that this subsection shall not prohibit the utilization of such funds for the construction and maintenance of pedestrian walkways and bicycle trans portation facilities incident to the construction and maintenance of a public road or bridge. (f) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. (g) The department shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Au thority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an engineering report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by Parsons-Brinckerhoff-Tudor-Bechtel, general engi neering consultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia." SECTION 5. This Act shall become effective July 1, 1997. SECTION 6. 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 TUESDAY, MARCH 4, 1997 741 Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Gochenour (excused) Tanksley (excused) Thomas of 10th On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 270. By Senators Oliver of the 42nd, Langford of the 29th and Marable of the 52nd: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relating to notice of and enforcement of tax executions; to provide for notice to owners of mortgages and security deeds; to delete provisions relating to requiring such owners to furnish lists of properties in order to receive notice; to change provisions relating to en forcement rights of transferees of tax executions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker 742 JOURNAL OF THE SENATE Those not voting were Senators: Brown of 26th Gochenour (excused) Roberts Stokes Tanksley (excused) Thomas of 10th On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 213. By Senator Boshears of the 6th: A bill to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to the liability of owners and occupiers of land, so as to provide that the question of negligence regarding cer tain generally existing hazardous conditions is a question for the trier of fact except in certain plain and unambiguous cases. Senator Boshears of the 6th moved that SB 213 be committed to the Judiciary Committee. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 213 was com mitted to the Judiciary Committee. SB 276. By Senators Land of the 16th, Ralston of the 51st and Ray of the 48th: A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provisions relating to the time of filing and the contents of such affidavit and the practices and procedures related thereto. The Senate Judiciary Committee offered the following substitute to SB 276: A BILL To be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provi sions relating to the time of filing and the contents of such affidavit and the practices and procedures related thereto; to provide for dismissal of complaints; to provide for the curing of defects; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-9.1, relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice, and inserting in its place the following: "9-11-9.1. (a) In any action for damages alleging professional malpractice, the plaintiff shall be re quired to file with the complaint within 45 days of the filing of the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) The cuiitempoiaimoiis filing lequirement of subsection (a) uf tliis Code section shall nut apply tu nay ufcust; ui wliiuh tlic pcnuu ul liiuiliiliuii will eApiit; witlini ten ila^yo ul tlie TUESDAY, MARCH 4, 1997 743 date uf filing and, because uf Much time constraints, the plaintiff has alleged LIml an affi davit uf an expert cuuld nut be piepaied. In such cases, Lhe plaintiff shall have 45 days aftei the filing uf the cumplaiut lu supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall deter mine justice requires. If an affidavit is not filed within the period specified in this subsec tion or as extended by the trial court, the complaint is subject to dismissal for failure to state a claim. fc)(b) If an affidavit is filed after the filing of a complaint, as allowed under subsection ftr) (a)~of this Code section, the defendant shall not be required to file an answer to the com plaint and affidavit until 30 days after the filing service of the affidavit. frr)(c) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be consid ered timely and shall provide no basis for a statute of limitations defense. feXd) Except as alluwud undei subbectiuu (b) of this Cude section, if a plaintiff fails lu file an tilliUcivit cio ici|uiit;u uy tins Cuuc seutiuii cunttmipuituieuUsl^y witli ci uumjjlmiit cilleging ^JL ulussiuiitil uml^jiciutiuc ciiiil tlic ilctdiilciiit iciiBea tlie tciiltiit; Lu liic &ucli tin ciiliiieivit m ITS illllltlli CB^JUHSJV t: ^jlt^ciuill^, o mulluuiii^ilcliiitTS S Li UJ cut tt) lllblliio&cilTOT icLilui t;Lu state a claim and caimut be cuied by amendment pursuant lu Cude Section 9-11-15 un less ia COUlt tlettJi'iiinies that Llie plcUiltill iia.u tlitr I'eCfUlSltt; miluSVlt tlVB.ila.blt; JJILIUJ to filing the complaint and the failure lu file the affidavit was the lesult uf a mistake. If a plaintiff fails to file an affidavit pursuant to subsection (a) of this Code section or files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that plaintiff failed to file the requisite affidavit or that said affidavit is defec tive, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure said failure to file the requisite affidavit or cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging the failure to file the requisite affidavit or alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (f)(e) If a plaintiff fails to file an affidavit as required by this Code section and the defendanTraises the failure to file such an affidavit in its initial ibbpunsive pleading, by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit available piiui lu tiling the complaint within the time required by this Code section and the failure to file the affidavit was the result of a mistake." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval and shall apply only to actions filed on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Land of the 16th offered the following amendment: Amend the Senate Judiciary Committee substitute to SB 276 by striking lines 24 and 25 of page 1 and inserting in lieu thereof the following: "malpractice, the plaintiff shall be required to file with the complaint". By striking "complaint" on line 26, p. 1. By striking lines 10 through 14 of page 2 and inserting in lieu thereof the following: 744 JOURNAL OF THE SENATE \Cj II 3.11 iilliuiivit IB liltJU. fl-lLtJi1 Lilt? illiilg ul 1 COiliplS-iiltj SiS ttiluwdl miU-Ci' SLlDSGCLiuii \u) OI bins i^OClc StiCtlOHj Lilt; ClcItJilClclIlt Sll3.il nOt D^ I'tiCJUirGQ Lu Jile ctii 3.HSW6I1 to Hit; cuinplcilliL and affiJavil until 00 days aRei Hie filing uf Ihe affidavit.". By striking "(d)(c)" and inserting in lieu thereof "ftr)(b)" on line 15 of page 2. By striking "(e)(d)" and inserting in lieu thereof "feXcj" on line 22 of page 2. By striking "ff)(e)" and inserting in lieu thereof "trXd)" on line 6 of page 3. On the adoption of the amendment, the yeas were 36, nays 0, and the Land amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Tysinger Walker Those not voting were Senators: Gochenour (excused) Huggins Tanksley (excused) Turner On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 119. By Representatives Buck of the 135th, Murphy of the 18th, Walker of the 141st and others: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the ship ment of alcoholic beverages by persons in another state or country to unauthor ized persons in this state. Senate Sponsor: Senator Perdue of the 18th. The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to HB 119: TUESDAY, MARCH 4, 1997 745 A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state; to provide for a penalty; to provide for an exception; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to pro hibited acts relative to the sale of alcoholic beverages, is amended by adding at the end thereof two new Code sections to read as follows: "3-3-31. The General Assembly finds, determines, and declares that the direct shipment of alco holic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of this state in violation of this title poses a serious threat to the public health, safety, revenue, and the economy of Georgia. The General Assembly fur ther finds, determines, and declares that the present penalties for illegal direct ship ments of alcoholic beverages to residents of this state are inadequate to ensure compliance with the provisions of this title and that the measures provided for in Code Section 3-3-32 are fully consistent with the powers conferred upon the state of Georgia by the Twenty-first Amendment to the Constitution of the United States. 3-3-32. (a) Any person in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ships or causes to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by the state of Georgia is in violation of this chapter. (b) Any person found by the commissioner to be in violation of subsection (a) of this Code section shall be issued a cease and desist order by certified mail. Any person who, after receiving a cease and desist order, is found by the commissioner to be in violation of subsection (a) of this Code section for a second or subsequent occurrence, within a twoyear period of the first violation, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00. This subsection shall not apply to any person who has registered brands for sale with the commissioner pursuant to Code Section 3-4-152, 3-5-31 or 3-6-22 and who shall have current licenses and posted ade quate surety bonds as required by this title; provided, however, violations of the provi sions of subsection (a) of this Code section shall constitute grounds for the commissioner to take appropriate administrative action against such person, including suspension or cancellation of license and forfeiture of bonds. (c) This Code section shall not apply to the direct shipment of sacramental alcoholic bev erages to bona fide religious organizations as authorized by the commissioner." 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. Senators Price of the 56th and Tysinger of the 41st offered the following amendment: 746 JOURNAL OF THE SENATE Amend the committee substitute to HB 119 by striking on page 2, line 16 from "felony" through line 18 "$10,000.00" and adding in lieu thereof: "misdemeanor pursuant to Code Section 3-3-9." 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 Egan Fort Guhl Henson Oliver Price of 28th Price of 56th Ragan Ray Stokes Thomas of 54th Tysinger Those voting in the negative were Senators: Blitch Bowen Broun of 46th Brush Cheeks Crotts Dean Gillis Glanton Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Ralston Roberts Scott Starr Streat Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators: Abernathy Brown of 26th Clay Gochenour (excused) Griffin Tanksley (excused) On the adoption of the amendment, the yeas were 16, nays 34, and the Price, Tysinger amendment to the committee substitute was lost. Senator Tysinger of the 41st offered the following amendment: Amend the committee substitute to HB 119 by striking lines 1 through 3 of page 1 and inserting in their places the following: "To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change an exemption for possession and transportation of wine; to". By striking lines 12 through 14 of page 1 and inserting in their places the following: "Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, is amended by striking paragraph (1) of subsection (a) of Code Section 3-3-8, relating to possession of alcoholic beverages upon which taxes have not been paid, and inserting in its place the following: '(a)(l) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid: (A) In the case of distilled spirits, not in excess of one-half gallon; (B) In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and (C) In the case of wine, not in excess of one-half galluu one case of 12 bottles, each of which does not exceed 750 milliliters.' TUESDAY, MARCH 4, 1997 747 SECTION 1.1. Said chapter is further amended by adding at the". On the adoption of the amendment, Senator Tysinger of the 41st called for the yeas and nays. The call was sustained and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Brown of 26th Burton Cagle Egan Fort Guhl Hill Lamutt Price of 28th Price of 56th Ray Thomas of 54th Tysinger Those voting in the negative were Senators: Balfour Blitch Bowen Broun of 46th Brush Cheeks Crotts Dean Gillis Glanton Griffin Harbison Henson Hooks Huggins James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver Perdue Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators: Clay Gochenour (excused) Johnson of 1st Ragan Tanksley (excused) On the adoption of the amendment, the yeas were 15, nays 36, and the Tysinger amendment to the committee substitute was lost. Senators Tysinger of the 41st and Price of the 56th offered the following amendment: Amend the committee substitute to HB 119 by adding after "exception;" on line 7 of page 1 the following: "to provide for the receipt and transfer of certain quantities of table wine without having to be licensed, subject to certain taxation requirements;". By striking "two" on line 15 of page 1. By striking the quotation marks on line 31 of page 2 and adding between lines 31 and 32 of page 2 the following: "3-3-33. (a) As used in this Code section, the term "bottle" means a glass container which contains no more than 750 milliliters, and "table wine" has the same meaning provided in para graph (4) of Code Section 3-6-1. (b) Notwithstanding any other provisions of law, any person 21 years of age or over may purchase or otherwise receive no more than 60 bottles of table wine in any calendar year and may sell or otherwise transfer to another no more than 60 bottles of table wine in any calendar year without having to be licensed under this title as long as such person has paid in advance the applicable taxes required by this title upon payment of which the department shall issue a certificate showing such payment.'" 748 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Burton Cagle Egan Fort Guhl Henson Lamutt Price of 28th Price of 56th Ray Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cheeks Clay Crotts Dean Gillis Glanton Griffin Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Perdue Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators Gochenour (excused) and Tanksley (excused). On the adoption of the amendment, the yeas were 12, nays 42, and the Tysinger, Price amendment to the committee substitute was lost. Senator Price of the 56th moved that HB 119 be placed on the Table. On the motion, Senator Price of the 56th called for the yeas and nays. The call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Burton Egan Guhl Price of 56th Those voting in the negative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker TUESDAY, MARCH 4, 1997 749 Those not voting were Senators: Brown of 26th Gochenour (excused) Tanksley (excused) On the motion, the yeas were 4, nays 49, and the motion to place HB 119 on the Table was lost. On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Burton Egan Price of 56th Tysinger Those not voting were Senators Gochenour (excused) and Tanksley (excused). On the passage of the bill, the yeas were 50, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senators Johnson of the 1st and Johnson of the 2nd introduced representatives of the Saint Patrick's Day Parade, and the Grand Marshal, Monsignor Daniel J. Bourke, com mended by SR 259 and SR 261, adopted previously. Monsignor Daniel J. Bourke addressed the Senate briefly. Senator Thomas of the 10th introduced representatives of the Arthritis Foundation, commended by SR 237, adopted previously. At 12:10 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. The President called the Senate to order at 1:30 P.M. Senator Marable of the 52nd moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Hooks was excused. Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Harbison was excused. The Calendar was resumed. 750 JOURNAL OF THE SENATE HB 93. By Representatives Buck of the 135th, Walker of the 141st, Lee of the 94th and others: A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities locat ed at or on property contiguous to the farm winery. 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 Boshears Bowen Brown of 26th Brush Cagle Cheeks Crotts Dean Egan Fort Gillis Griffin Guhl Hill Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators Burton and Glanton. Those not voting were Senators: Blitch Broun of 46th Clay Gochenour (excused) Harbison (excused) Henson Hooks (excused) James Johnson of 2nd Oliver Starr Stokes Tanksley (excused) Walker On the passage of the bill, the yeas were 40, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 178. By Representatives Dobbs of the 92nd and Twiggs of the 8th: A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "per sonal property" as used in said Code section; to provide for the payment of re placement costs and interest. Senate Sponsor: Senator Brush of the 24th. The Senate Special Judiciary Committee offered the following substitute to HB 178: A BILL To be entitled an Act to amend Code Section 16-8-4 of the Official Code of Georgia Anno tated, relating to theft by conversion, so as to change the definition of the term "personal property" as used in said Code section; to provide for the payment of replacement costs and interest; to provide for the collection and payment of moneys; to provide for requirements TUESDAY, MARCH 4, 1997 751 for the termination of probation; to provide for the establishment of replacement costs; to provide for the reimbursement of certain expenses; 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 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conver sion, is amended by striking paragraph (1) of subsection (c) of said Code section and in serting in lieu thereof a new paragraph (1) to read as follows: "(c)(l) As used in this subsection, the term 'personal property' means personal property having a replacement cost value greater than $100.00, including excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture." SECTION 2. Said Code section is further amended by adding at the end of subsection (c) new paragraphs (3), (4), and (5) to read as follows: "(3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, re placement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judg ment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, super vision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agree ment, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses." SECTION 3. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval. 752 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Griffin Guhl Henson Hill Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators Fort and James. Those not voting were Senators: Clay Gochenour (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Oliver Perdue Tanksley (excused) Walker On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HR 174. By Representatives Childers of the 13th, Murphy of the 18th, Shanahan of the 10th and others: A resolution urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in north west Georgia. Senate Sponsor: Senator Marable of the 52nd. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin Guhl Henson Hill TUESDAY, MARCH 4, 1997 753 Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Those not voting were Senators: Glanton Gochenour (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Oliver Stokes Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Perdue (excused) Tanksley (excused) Thompson On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 277. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program. Senate Sponsor: Senator Price 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: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Gochenour (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Oliver Perdue (excused) Tanksley (excused) Taylor On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 754 JOURNAL OF THE SENATE Senator Ralston of the 51st moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Middleton was excused. The Calendar was resumed. HB 428. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or man ufacturing support facilities in tier 1, 2, and 3 counties. Senate Sponsor: Senator Taylor of the 12th. The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 18, 1997 The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 428 (LC 18 7958 EC) Dear Chairman Buck: This Bill would add telecommunications to the group of industries qualifying for the pres ent incentives of the Georgia Business Support and Expansion Act of 1994 (BEST). Addi tionally, it would add a tax credit for expanded outlays on research and a special credit for fast-growing smaller companies. The coverage of telecommunications would apply to tax years starting on or after January 1, 1997; the new research and growth incentives would go into effect on January 1, 1998. The telecommunications industry is marked by high ratios of capital-to-labor, high wages, and extensive outreach into other sectors for supplies and services. As a result, the costs of the jobs credits and the regular and optional investment credits which might be used would likely be promptly and fully offset. The revenue neutrality (or even revenue gain) previ ously estimated for BEST will be buttressed by adding telecommunications to the eligibles. The research credit advanced in the Bill is modeled after a federal provision. A credit for ten percent of the increase in outlays for research in Georgia would be allowed. Moreover, since the base against which increase is measured would rise with increasing expenditure, credits would continue only for businesses who expand their research function. As these expenditures rise and the results of research feed into business income, the "cost" of this credit would be neutralized. The Bill would provide an incentive for fast-growing small companies (taxable incomes of less than $25 million) to accelerate their growth. If a 20 percent (or higher) rate of gain in Georgia net taxable income has marked a business for at least three years, the business could take a tax-credit in the third year for the excess of that year's growth over 20 percent. For a 50 percent growth, for example, a one-year credit for 30 percent of the company's tax TUESDAY, MARCH 4, 1997 755 liability would be offered. Because of the absorption of workers and capital and the out reach for supplies and services that strong growth provides, any tax credits claimed under this provision would be quickly and completely offset. Overall, BEST has previously been judged revenue-neutral to revenue-positive in impact. This Bill extends coverage and adds provisions which reinforce that assessment. Sincerely, /s/ Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks . Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Broun of 46th Gochenour (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Middleton (excused) Oliver Perdue (excused) Tanksley (excused) On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Clay of the 37th moved that Senator Streat of the 19th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Streat was excused. Senator Broun of the 46th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Griffin was excused. The Calendar was resumed. HB 127. By Representative Shaw of the 176th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding. Senate Sponsor: Senator Ragan of the llth. The report of the committee, which was favorable to the passage of the bill, was agreed to. 756 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 Dean Egan Fort Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Brush Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Oliver Perdue (excused) Ragan Streat (excused) Tanksley (excused) Tysinger On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 208. By Representatives Orrock of the 56th, Royal of the 164th and Walker of the 141st: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commis sions, so as to change the definition of "municipality"; to provide for the method of selecting mayoral members of a commission in the event the mayors of munic ipalities within a county fail to designate one of their number as a member. Senate Sponsor: Senator Price of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Guhl Henson Hill James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Taylor TUESDAY, MARCH 4, 1997 757 Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Muggins and Roberts. Those not voting were Senators: Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Oliver Perdue (excused) Tanksley (excused) On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 130. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: A bill to amend Chapter 5 of Title 2 of the Official Code of Georgia Annotated, known as the "Department of Agriculture Registration, License, and Permit Act," so as to authorize the Department of Agriculture to accept applications either in writing or through available electronic media approved by the Commis sioner. Senate Sponsor: Senator Ragan of the llth. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Tanksley (excused) Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 758 JOURNAL OF THE SENATE HB 182. By Representatives McCall of the 90th and Manner of the 159th: 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 change the provisions relat ing to the inspection of antifreeze samples; to provide for the submission of cur rent certified test reports; to provide for the issuance of licenses or permits. Senate Sponsor: Senator Henson of the 55th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Tanksley (excused) Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 49. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and Greene of the 158th: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide for administra tion of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing. Senate Sponsor: Senator Ragan of the llth. The Senate Agriculture Committee offered the following substitute to HB 49: A BILL To be entitled an Act to amend Chapter 12 of Title 2 of the Official Code of Georgia Anno tated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise the laws of this state relating to fertilizers; to provide a short title; to provide for definitions; to provide for administration of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing; to provide for the issuance and expiration of licenses; to TUESDAY, MARCH 4, 1997 759 provide for fees; to provide for renewal of licenses; to provide for applications and the con tents thereof; to provide for compliance with other laws of this state; to provide for labeling of fertilizers and the contents of such labels; to provide for sampling, inspection, analysis, and testing of fertilizers; to provide for access and entry upon any public or private prem ises or carriers; to provide for methods of sampling and analyses; to provide for inspection fees and the collection thereof; to provide for reports; to provide for penalties; to prohibit certain conduct; to prohibit distribution of misbranded fertilizers; to prohibit distribution of adulterated fertilizer products; to provide for determinations concerning ingredients and their contributions to plant growth; to provide for the prohibition of the use of certain in gredients; to prohibit offering for sale fertilizers which are short in weight; to provide for enforcement and implementation; to provide for rules and regulations; to provide for revo cation or denial of licenses and the cancellation of registrations; to provide for the issuance and enforcement of stop sale, stop use, or removal orders and the effect thereof; to provide for seizure and disposal of certain fertilizers; to provide for injunctions and restraining orders; to provide for notices and hearings; to provide for practices and procedures; to pro vide for prosecutions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, is amended by striking Article 1, which reads as follows: 2-12-1. "ARTICLE 1 This article shall be known as the 'Georgia Plant Food Act of 1989.' 2-12-2. As used in this article, the term: (1) 'Brand' means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (2) 'Bulk fertilizer' means commercial fertilizer distributed in a nonpackage form. (3) 'Commercial fertilizer' means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except for unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, soil conditioners, and other products exempted by regulations of the Commissioner. (4) 'Commercial value' means the assessed average retail value per unit of plant nutri ent in dollars and cents. Such assessed values shall be established by the Commis sioner annually and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establish ment of such values, those objecting shall be afforded a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the effective date of such values shall be postponed pending the outcome of such hearing. The as sessed values as established by the Commissioner shall be used in computing the dol lar rates of penalties as provided in this article. The commercial value as established in accordance with this article is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate, or control the sales price of commercial fertilizer or fertilizer material. (5) 'Deficiency' means the amount of nutrient, found by analysis, less than that guaran teed, which may result from a lack of nutrient ingredients or from lack of uniformity. 760 JOURNAL OF THE SENATE (6) 'Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available commercial fertilizers in this state. (7) 'Distributor' means any person who distributes. (8) 'Fertilizer material' means a commercial fertilizer which either: (A) Contains important quantities of not more than one of the primary plant nutri ents, namely, total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K20); (B) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration, provided that such material shall be scientifically documented to be agronomically or horticulturally useful when used at the application rates recommended for promoting plant growth. (9) 'Grade' means the percentage of total nitrogen (N), available phosphoric acid (P2O5 ), and soluble potash (K2O), stated in whole numbers in the same terms, order, and per centages as in the guaranteed analysis; provided, however, that specialty fertilizers may be guaranteed in fractional units of less than 1 percent of total nitrogen, available phosphoric acid, and soluble potash; and provided, further, that fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units. (10) 'Guaranteed analysis' means the minimum percentage of primary plant nutrients claimed in the following order and form: (A) Total nitrogen (N) Available phosphoric acid (P2O5) Soluble potash (K2O) ______ Percent (%) ______ Percent (%) ______ Percent (%) (B) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid, degree of fineness, or both, may also be guaranteed. (C) Secondary and micro plant nutrients, if added or claimed, shall be guaranteed in elemental form and shall be a part of the guaranteed analysis immediately following guarantees for primary plant nutrients. Guarantees shall be in the following order, and sources (oxides, sulfates, salts, chelates, etc.) of nutrients must be shown on the label. Except for guarantees for those water soluble nutrients labeled for ready to use foliar or specialty liquid fertilizers, hydroponic, or continuous liquid feed pro grams, the minimum percentages which will be accepted are as follows: ELEMENTS PERCENT Calcium (Ca) Magnesium (Mg) Sulfur (S) Boron (B) Chlorine (Cl) Cobalt (Co) Copper (Cu) Iron (Fe) Manganese (Mn) Molybdenum (Mo) Sodium (Na) Zinc (Zn) 1.0000 0.5000 1.0000 0.0200 0.1000 0.0005 0.0500 0.1000 0.0500 0.0005 0.1000 0.0500 (11) 'Gypsum, land plaster, or crude calcium sulfate' means the product consisting chiefly of calcium sulfate with combined water (CaSO4.2H2O) which is incapable of neutralizing soil acidity. It shall contain not less than 70 percent (CaSO4.2H2O). TUESDAY, MARCH 4, 1997 761 (12) 'Investigational allowance' means an allowance for variations inherent in the tak ing, preparation, and analysis of an official sample of commercial fertilizer. (13) 'Label' means the display of all written, printed, or graphic matter on or attached to the immediate container or, in the case of a bulk commercial fertilizer, a statement accompanying the lot of commercial fertilizer. (14) 'Labeling' means all written, printed, or graphic matter upon or accompanying any commercial fertilizer or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such commercial fertilizer. (15) 'Licensee' means the person who guarantees commercial fertilizer and receives a plant food license to distribute commercial fertilizer under the provisions of this article. (16) 'Lot' means that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under this article, the term 'lot' means that amount of com mercial fertilizer included in a single delivery. The amount of commercial fertilizer in such delivery shall be deemed deficient and subject to the penalties provided by law, provided that at least 20 percent of such delivery is on hand at the time the official sample is drawn. (17) 'Mixed fertilizer' means a commercial fertilizer containing any mixture of more than one fertilizer material. (18) 'Mobile mixing equipment' means any compartmented equipment used to mix two or more plant nutrients not previously mixed at the time of application. The use of mobile mixing equipment is prohibited except as authorized by the Commissioner in writing in special cases. (19) 'Official sample' means any sample of commercial fertilizer taken by the Commis sioner or his agent and designated 'official' by the Commissioner. (20) 'Percent' or 'percentage' means the percentage by weight. (21) 'Person' includes an individual, partnership, association, firm, corporation, or any combination thereof. (22) 'Plant nutrient' means that portion of a commercial fertilizer recognized by the Commissioner as being agronomically or horticulturally useful in promoting plant growth. (23) 'Primary plant nutrients' includes total nitrogen (N), available phosphoric acid (P2O5), and water soluble potash (K2O). (24) '"Secondary" or "micro" plant nutrients' means any elements or substances useful in promoting plant growth, other than the plant food nutrients defined in paragraph (23) of this Code section. (25) 'Specialty fertilizer' means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. The term 'specialty fertilizer' also includes any commercial fertilizer distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants. (26) 'Ton' means a net weight of 2,000 pounds avoirdupois. (27) 'Unit' of a plant nutrient means 20 pounds or 1 percent of a ton. (28) 'Unmanipulated manure' means the excreta of animals or fowl when not artifi cially mixed with any material or materials other than those which have been used for bedding, sanitary, or feeding purposes for such animals or fowl or for the preservation of the manure. 762 JOURNAL OF THE SENATE 2-12-3. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture. 2-12-4. (a) Each person whose name appears on the label of a commercial fertilizer or who is responsible for guaranteeing commercial fertilizer must obtain a plant food license from the Commissioner before distributing such products in Georgia. Any person who distributes bulk commercial fertilizer is responsible and, therefore, is required to have a plant food license, unless he has the expressed written consent of another licensee to distribute such licensee's product using the licensee's name and labeling and accepting responsibility for such products. All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00. Thereaf ter, the license fee shall be based on the annual plant food tonnage for the previous fiscal year ending June 30 sold to nonlicensees in Georgia by the licensee in accordance with the following schedule: Tonnage Volume of Fertilizer Licensee License Fee 0 -- 5,000 tons ......................................................$ 50.00 5,001 -- 25,000 tons ................................................... 100.00 More than 25,000 tons ................................................. 200.00 A license must be renewed annually and fees shall be paid by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. (b) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label. An applica tion for registration for each brand and product name of each grade of specialty ferti lizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name of each grade shall accom pany the application. For all specialty products sold in container sizes often pounds or less, the annual registration fee shall be $50.00 per each grade of each brand. Such fee shall be submitted with the registration and a renewal fee of $50.00 shall be due each July 1. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commis sioner, a copy of the registration shall be furnished to the applicant. Such registra tions shall be considered permanent so long as no changes or deviations are made in the labels of such products. 2-12-5. (a) No superphosphate containing less than 18 percent available phosphoric acid nor any mixed fertilizer in which the guarantees for the nitrogen (N), available phosphoric acid (P2O5), and potash (K2O) total less than 20 percent shall be distributed in this state, except for liquid plant food products to be used directly in irrigation sys tems or complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically covering tobacco fertilizers. (b) Specialty fertilizers may be permitted to deviate from the requirements of subsec tion (a) of this Code section; however, each brand and grade shall be submitted for registration prior to being offered for sale and its approval for registration shall be based on the merit of and intended use of the product. Such products shall not deviate more than 10 percent from the minimum requirements set forth in subsection (a) of TUESDAY, MARCH 4, 1997 763 this Code section, provided that specialty products which do deviate more than 10 per cent from the minimum primary plant nutrient requirements above may be approved for registration based upon satisfactory proof that the product would be agronomically or horticulturally useful in promoting plant growth when used at the recommended application rates. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed from tests conducted under conditions identical to or closely related to those present in Georgia. The Commissioner may reject any data not developed under such conditions and may rely on the advice of personnel of the University of Georgia Experiment Sta tions or other personnel of the University System of Georgia in evaluating data for registration. Specialty fertilizer which is distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants shall be exempt from the above-stated requirements of this subsection. 2-12-6. Every nonresident licensee, at the time of licensing and before distributing his plant food product or products in this state, shall comply with Chapter 5 of this title, the 'Depart ment of Agriculture Registration, License, and Permit Act.' 2-12-7. (a) All commercial fertilizer distributed in this state in containers shall have a label placed on or affixed to the container, setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required when no primary nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that where the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); and (5) The source from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised. (b) For commercial fertilizer distributed in bulk, the information required by subsection (a) of this Code section in written or printed form shall accompany delivery and be sup plied to the purchaser at time of delivery. 2-12-8. (a) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analyses of, and test commercial fertilizers distributed within this state at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this article. The Commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours, in order to have access to commercial fertilizers subject to provisions of this article and the regula tions pertaining to this article and to the records relating to its distribution. (b) The methods of sampling and analysis shall be those adopted by the Commissioner by regulations from sources such as the Association of American Plant Food Control Offi cials (AAPFCO) and the Association of Official Analytical Chemists (AOAC). In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Commissioner may adopt such appropriate methods from other sources by regulation. 764 JOURNAL OF THE SENATE (c) In determining for administrative purposes whether any commercial fertilizer is defi cient in plant nutrients, the Commissioner shall be guided solely by the official sample, as defined in paragraph (19) of Code Section 2-12-3 and obtained and analyzed as pro vided for in subsection (b) of this Code section. (d) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report. 2-12-9. (a) There shall be paid to the Commissioner for all commercial fertilizer distributed in this state to nonlicensees, an inspection fee at the rate of 300 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are ex empted from such fee. (b) Each licensee distributing commercial fertilizer in this state shall file with the Com missioner a monthly statement of the total tons of commercial fertilizer sold by him in this state to nonlicensees for the monthly period ending on the last day or last accounting day of each month. This and such other information as the Commissioner may require by regulations shall be supplied on forms furnished by the Commissioner or shall be in other suitable form acceptable to the Commissioner. The tonnage of commercial ferti lizer sold during such month in packages weighing ten pounds and less, although not subject to the inspection fee, shall also be shown as a subtotal and included in the total tonnage. Such forms shall be filed on or before the twentieth day of the month following the report period. The inspection fee provided in subsection (a) of this Code section shall be paid upon the tonnage reported in such statement. If the fee owed is less than $10.00, the licensee shall accumulate the monthly fees owed until at least $10.00 is owed. If the accumulated fees owed for the entire fiscal year (July through June) are not $10.00, the total amount owed shall be paid in full with the June tonnage report. A monthly tonnage report is required even if no reportable tonnage has been sold. If a tonnage report is not filed or the payment of any inspection fee due is not made by the twentieth day of the month following the report period, a late collection fee in the amount of 10 percent of the amount due, with a minimum fee of $10.00, shall be assessed against the licensee. If, after due notification by certified mail with return receipt requested to the licensee, the penalty is not paid by the second month after the twentieth day of the month following the report period, the penalty due shall double for each subsequent month for a maxi mum of six months. An assessed penalty which remains unpaid for six months shall constitute cause for the revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee. (c) When more than one person is involved in the distribution of a commercial fertilizer, the licensee who finally distributes to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees. 2-12-10. (a) Total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O). (1) If the analysis of the official sample shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in this subsection, the penalty shall be 10 percent of the guaran teed commercial value plus (when the found commercial value is less than the guaran teed commercial value) two times the difference in the found commercial value and the guaranteed commercial value. (2) Where there is no deficiency in primary plant nutrients beyond the investigational allowances set forth in this subsection, but where the found commercial value of the sample is not at least 97 percent of the guaranteed commercial value, the penalty for TUESDAY, MARCH 4, 1997 765 the lot sampled shall be four times the difference between the found commercial value and the guaranteed commercial value of the sample. (3) Notwithstanding any provisions of this Code section, the investigational allowances for the primary plants nutrients listed below shall be as follows: Guaranteed Percent Total Nitrogen Percent Available Phosphoric Acid, Percent Soluble Potash Percent 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 0.47 07 0.54 0.68 0.53 08 0.55 0.68 0.60 09 0.57 0.68 0.65 10 0.58 0.69 0.70 11-12 0.61 0.69 0.79 13-14 0.63 0.70 0.87 15-16 0.67 0.70 0.94 17-18 0.70 0.71 1.01 19-20 0.73 0.72 1.08 21-22 0.75 0.72 1.15 23-24 0.78 0.73 1.21 25-26 0.81 0.73 1.27 27-28 0.83 0.74 1.33 29-30 0.86 0.75 1.39 31 or more 0.88 0.76 1.44 (b) Chlorine in tobacco fertilizer. If the chlorine content of any lot of fertilizer branded for tobacco is more than five-tenths of 1 percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to 10 percent of the guaranteed commercial value of the fertilizer for each additional five-tenths of 1 percent, or fraction thereof, of chlorine in excess, or fraction thereof. (c) Nitrate nitrogen. A penalty of 5 percent of the guaranteed commercial value of the total nitrogen content shall be assessed if the deficiency exceeds 10 percent of the claimed nitrate nitrogen. (d) Secondary and micro nutrients. An investigational allowance of 25 percent of the guarantee shall be allowed, up to a maximum of one-half unit of the guaranteed element for all elements stated in subparagraph (C) of paragraph (6) of Code Section 2-12-2. If the official sample shows that a commercial fertilizer is deficient in one or more of the secondary and micro nutrients, beyond the investigational allowance as provided in subsection (e) of this Code section, a penalty of $5.00 per ton per element deficient shall be assessed, provided that if two or more elements guaranteed are deficient, a maximum of $10.00 per ton shall be assessed. (e) Payment of penalties. All penalties must be paid within 31 calendar days after notice of assessment is made. Penalties are assessed to the licensee and must be paid to the consumer through the Commissioner by check, or in case of indebtedness of the consumer to the seller, a credit memorandum. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the licensee's license. (f) Alteration of content by nonlicensee. If a penalty is incurred as a result of a nonlicensee altering, either intentionally or nonintentionally, the content of a commercial fertilizer shipped to him by a licensee in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the licensee, the Commissioner is empowered to relieve the licensee of the liability for payment of the penalty and in lieu thereof assess the penalty against the nonlicensee who altered the commercial fertilizer, in the same manner and under the same conditions as provided by this article for assessing penalties against a licensee. 766 JOURNAL OF THE SENATE 2-12-11. No person shall distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded: (1) If its labeling is false or if any misleading statements, oral or written, concerning its plant nutrient content are made in any advertising matter accompanying or associated with the commercial fertilizer; (2) If it is not labeled as required in Code Section 2-12-7 and in accordance with regulations prescribed under this article; or (3) If it purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms, such as, but not limited to, those issued by the Association of American Plant Food Control Officials. 2-12-12. No person shall distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown on the label; (2) If its composition falls below or differs from that which it is purported to possess by its labeling; or (3) If it contains unwanted crop seed or weed seed. 2-12-13. The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any commercial fertilizer contributes to plant growth. If any such ingredient is found to be worthless, harmful, or deceptive, he may prohibit its use or require that it be deleted from the label. 2-12-14. (a) If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such commercial fertilizer, within 30 days after official notice from the Commissioner, shall submit to the consumer a penalty payment of four times the commercial value of the actual shortage. (b) If any commercial fertilizer sold or offered for sale is found by the Commissioner to be short of the guaranteed weight, the licensee shall adjust the invoice to the weight of the lowest found unit. 2-12-15. Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of commercial fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of commercial fertilizer to licensees. 2-12-16. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and, after a public hearing following due public notice, to enforce such reasonable rules and regulations relating to the distribution of commercial fertilizers as he finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of commercial fertilizer. TUESDAY, MARCH 4, 1997 767 2-12-17. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license, upon satisfactory evidence that the licensee has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be cancelled or refused until the licensee or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or his authorized representative. 2-12-18. The Commissioner may issue and enforce a written or printed 'stop sale, stop use, or removal' order to the owner or custodian of any lot of commercial fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this article until the law has been complied with and said commercial fertilizer is released in writing by the Commissioner, or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 2-12-19. Any lot of commercial fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction in the area in which such commercial fertilizer is located. If the court finds such commercial fertilizer to be in violation of this article and orders the condemnation of such commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state, provided that in no instance shall the disposition of such commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial fertilizer or for permission to process or relabel such commercial fertilizer to bring it into compliance with this article. 2-12-20. The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. 2-12-21. (a) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If it appears, after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner or his representative to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he believes that the public interest will be best served by a suitable notice of warning in writing or other methods. 768 JOURNAL OF THE SENATE (d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay." and inserting in lieu thereof a new Article 1 to read as follows: "ARTICLE 1 2-12-1. This article shall be known and may be cited as the 'Georgia Fertilizer Act of 1997.' 2-12-2. As used in this article, the term: (1) 'Brand' n aans a term, design, or trademark used in connection with one or several grades of fertilizer. (2) 'Bulk fertilizer' means a fertilizer distributed in a nonpackaged form. (3) 'Commercial value' means the average retail value per unit of primary plant nutri ent in dollars and cents. Such values shall be established by the Commissioner annu ally and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establishment of such values, those objecting shall be afforded a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the effective date of such values shall be postponed pending the outcome of such hearing. The values as estab lished by the Commissioner shall be used in computing the dollar rates of penalties as provided in this article. The commercial value as established in accordance with this article is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate, or control the sales price of fertilizer or fertilizer materials. 'Guaranteed commercial value' means the value of a ton of ferti lizer calculated by multiplying the established commercial values of the primary plant nutrients by the primary plant nutrient guarantees. 'Found commercial value' means the value of a ton of fertilizer calculated by multiplying the established commercial values of the primary plant nutrients by the percentages of primary plant nutrients found by laboratory analysis. (4) 'Custom-mixed specialty fertilizer' means a specialty fertilizer blended according to the specifications that are furnished to a licensee by or for a consumer prior to manufacturing. (5) 'Deficiency' means the amount of nutrient, found by analysis, less than that guaran teed, which may result from a lack of nutrient ingredients or from lack of uniformity. (6) 'Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available fertilizer in this state. (7) 'Distributor' means any person who distributes. (8) 'Fertilizer' means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, boiler ashes produced by the pulp and paper industry, and other products exempted by regulation by the Commissioner. (9) 'Fertilizer material' means a fertilizer which either: (A) Contains important quantities of no more than one of the primary plant nutri ents: nitrogen (N), phosphate (P2OS ), and potash (K2O); (B) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or natural material de posit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration. TUESDAY, MARCH 4, 1997 769 (10) 'Grade' means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and per centages as in the guaranteed analysis; provided, however, that specialty fertilizers, fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units of less than 1 percent of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (11) 'Guaranteed analysis' means the minimum percentage of plant nutrients claimed in the following order and form: (A) Total nitrogen (N) Available phosphate (P2O5 ) Soluble potash (K2O) _______ Percent (%) ______ Percent (%) ______ Percent (%) (B) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate or degree of fineness, or both, may also be guaranteed; and (C) Guarantees for plant nutrients other than total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) are permitted or may be required by regulation by the Commissioner. The guarantees for such other nutrients shall be expressed in the form of the element, or in other forms as the Commissioner may require by regulation. The source (oxides, salts, chelates, etc.) of such other nutri ents may be required by regulation to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the Com missioner. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the meth ods and regulations prescribed by the Commissioner. (12) 'Industrial by-product' means any industrial waste or by-product which contains plant nutrients. (13) Tnvestigational allowance' means an allowance for variations inherent in the tak ing, preparation, and analysis of an official sample of fertilizer. (14) 'Label' means the display of all written, printed, or graphic matter, upon the im mediate container, or a statement accompanying a fertilizer. (15) 'Labeling' means all written, printed, or graphic matter, upon or accompanying any fertilizer or advertisements, brochures, posters, and television and radio an nouncements used in promoting the sale of such fertilizer. (16) 'Licensee' means the person who receives a license to distribute fertilizer under the provisions of this article. (17) 'Lot' means that amount of fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under this article, the term 'lot' means that amount of fertilizer included in a single delivery. The amount of fertilizer in such delivery shall be deemed deficient and subject to the penalties provided by law, provided that at least 20 percent of such delivery is on hand at the time the official sample is drawn. (18) 'Mixed fertilizer' means a fertilizer containing any combination or mixture of ferti lizer materials. (19) 'Official sample' means a sample of fertilizer taken by the Commissioner using methods adopted by the Commissioner by regulation in accordance with subsection (b) of Code Section 2-12-7 of this article. (20) 'Percent' or 'percentage' means the percentage by weight. (21) 'Person' means an individual, partnership, association, firm, corporation, or any combination thereof. 770 JOURNAL OF THE SENATE (22) 'Primary plant nutrients' means total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (23) 'Secondary' or 'micro' plant nutrients means any elements or substances recog nized by the Commissioner as being agronomically or horticulturally useful in promot ing plant growth, other than primary plant nutrients. (24) 'Specialty fertilizer' means a fertilizer distributed for nonfarm use, such as, but not limited to, home gardens, household plants, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. The term 'specialty fertilizer' also includes any fertilizer distributed in packages having a net weight of 10 pounds or less. (25) 'Ton' means a net weight of 2,000 pounds avoirdupois. (26) 'Unit' of a plant nutrient means 20 pounds or 1 percent of a ton. (27) 'Unmanipulated manure' means the excreta of animals when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary, or feeding purposes for such animals or for the preservation of the manure, or when such excreta has not been subjected to processing other than composting, and provided such composted products are distributed in bulk only. 2-12-3. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture or other designated agent. 2-12-4. (a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $50.00 per year, and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation. (b) An application for license shall be made on forms furnished by or otherwise accepta ble to the Commissioner and shall include: (1) The name and address of the licensee; (2) The name and address of each production location in the state. The licensee shall inform the Commissioner in writing of any additional production locations established during the period of the license; and (3) Any other information as prescribed by regulation. (c)(l) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $50.00 shall be due each July 1. (2) If the registration renewal fee is not paid by July 1, the registration fee shall in crease in the manner prescribed by regulation. No registration fee is required on spe cialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall be considered permanent so long as no changes or deviations are made in the labels of such products and the required registration fee is paid. TUESDAY, MARCH 4, 1997 771 (3) The application for registration shall include the following information: (A) The brand and grade; (B) The guaranteed analysis; (C) The sources of all plant nutrients; (D) The name and address of the licensee; (E) The net weight or weights; and (F) Any other information as prescribed by regulation. 2-12-5. Every nonresident licensee, at the time of licensing and before distribute ig his or her fertilizer product or products in this state, shall comply with Chapter 5 of this title, the 'Department of Agriculture Registration, License, and Permit Act.' 2-12-6. (a) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); (5) Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and (6) Any other information as prescribed by regulation. (b) In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany deliv ery and be supplied to the purchaser at time of delivery. (c) Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section. 2-12-7. (a) It shall be the duty of the Commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state and inspect the storage of bulk fertilizer at any time and place and to such extent as he or she may deem necessary to determine whether such fertilizers are in compliance with the provisions of this article. The Com missioner is authorized to enter upon any public or private premises or carriers during business hours in order to have access to fertilizers subject to provisions of this article and the regulations pertaining thereto, and to the records relating to their distribution and storage. (b) The methods of sampling and analysis shall be those adopted by the Commissioner by regulation. (c) The Commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided by the terms 'lot' and 'official sample' as defined in paragraphs (17) and (19) of Code Section 2-12-2. (d) The results of official analysis of fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing 772 JOURNAL OF THE SENATE a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issu ance of a deficiency report. 2-12-8. (a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 30C per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate. (b)(l) Each licensee distributing fertilizer in this state shall file with the Commissioner a quarterly report of the total tons of fertilizer distributed by such licensee in the state to nonlicensees for the quarterly period ending on the last day of March, June, September, and December. This and such other information as the Commissioner may require by regulation shall be supplied on forms furnished by or acceptable to the Com missioner. A quarterly tonnage report is required even if no reportable tonnage has been sold, provided that licensees which only distribute specialty fertilizer in contain ers of ten pounds or less, shall not be required to submit these quarterly reports. (2) The report shall be due on or before 30 days following the close of the filing period, and the inspection fee at the rate stated in subsection (a) of this Code section shall be included with the report. If the tonnage report is not filed and the payment of inspec tion fees is not made within 30 days after the end of the specified filing period, a pen alty fee of 10 percent of the amount due or $10.00, whichever is greater, shall be assessed against the licensee and added to the amount due. (3) A report not filed for six months or a fee or an assessed penalty which remains unpaid for six months shall constitute cause for the revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee. (c) When more than one person is involved in the distribution of a fertilizer, the licensee who finally distributes a fertilizer to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees. 2-12-9. (a) Total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (1) If the analysis of the official sample shows that a fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in the regulations, the penalty shall be 10 percent of the guaranteed commer cial value of the lot. In cases where the found commercial value of the lot is less than the guaranteed commercial value of the lot, an additional penalty of two times the difference in the found commercial value of the lot and the guaranteed commercial value of the lot shall be assessed. (2) Where there is no deficiency in primary plant nutrients beyond the investigational allowances set forth in the regulations, but where the found commercial value of the lot is not at least 97 percent of the guaranteed commercial value of the lot the penalty for the lot sampled shall be four times the difference between the found commercial value of the lot and the guaranteed commercial value of the lot. (b) Chlorine in tobacco fertilizer. If the chlorine content of any lot of fertilizer branded for tobacco is more than five-tenths of 1 percent greater than the maximum amount guaran teed, a penalty shall be assessed equal to 10 percent of the guaranteed commercial value of the lot for each additional five-tenths of 1 percent, or fraction thereof, of chlorine in excess. (c) Secondary and micro plant nutrients. If the analysis of the official sample shows that a fertilizer is deficient in secondary or micro plant nutrients, beyond the investigational allowances as set forth in the regulations, a penalty of $5.00 per ton per each element found deficient shall be assessed. TUESDAY, MARCH 4, 1997 773 (d) Payment of penalties. All penalties must be paid within 31 calendar days after notice of assessment is made to the licensee. Penalties are assessed to the licensee and must be paid to the consumer through the Commissioner by check, or in case of indebtedness of the consumer to the seller, a credit memorandum. If a consumer cannot be found, the amount of the penalty payment shall be paid to the Georgia Department of Agriculture. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the licensee's license. The licensee who finally distributes a fertilizer to the nonlicensee shall be responsible for paying the penalty. (e) If upon satisfactory evidence, a person is shown to have altered the content of a ferti lizer shipped to him or her by a licensee, either intentionally or unintentionally, or to have mixed or commingled fertilizer from two or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that person shall become responsible for obtaining a fertilizer license and shall be held liable for all penalty payments and be subject to other provisions of this article, including seizure, condemnation, and stop sale. (f) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is prop erly subject to official action. 2-12-10. No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is distributed under the name of another fertilizer product; (3) It is not labeled as required in Code Section 2-12-6 and in accordance with regula tions prescribed under this article; or (4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the defi nition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted defini tions and official fertilizer terms. 2-12-11. No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning state ments or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label; (2) Its composition falls below or differs from that which it is purported to possess by its labeling; or (3) It contains unwanted crop seed or weed seed. 2-12-12. The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any fertilizer contrib utes to plant growth. If any such ingredient is found to be worthless, harmful, or decep tive, the Commissioner may prohibit its use or require that it be deleted from the label. 2-12-13. (a) If any fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such fertilizer shall within 30 days after official notice from the Commissioner submit to the consumer a penalty payment of four times the commercial value of the shortage in weight of the lot. 774 JOURNAL OF THE SENATE (b) If any fertilizer offered for sale is found by the Commissioner to be short in weight, the fertilizer shall be returned for reprocessing at the expense of the licensee. 2-12-14. Nothing in this article shall be construed to restrict, subject to inspection fees, or regu late the sale or exchange of fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of fertilizer to licensees. 2-12-15. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and adopt, according to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and enforce such reasonable rules and regulations relat ing to the distribution of fertilizers as the Commissioner finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of fertilizer. 2-12-16. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license upon satisfactory evidence that the licensee or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be can celed or refused until the licensee or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard according to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 2-12-17. The Commissioner may issue and enforce a written or printed stop sale, stop use, or removal order to the owner or custodian of any lot of fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said fertilizer is being offered or exposed for sale in violation of any of the provisions of this article until the law has been complied with and said fertilizer is released in writing by the Commissioner or said violation has been otherwise legally disposed of by written authority. The Commis sioner shall release the fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 2-12-18. In addition to stop sale, stop use, or removal orders, any lot of fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commis sioner to the court of competent jurisdiction in the area in which such fertilizer is located. If the court finds such fertilizer to be in violation of this article and orders the condemna tion of such fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of this state, provided that in no instance shall the disposition of such fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such fertilizer or for permission to process or relabel such fertilizer to bring it into compliance with this article. 2-12-19. 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 any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. TUESDAY, MARCH 4, 1997 775 2-12-20. (a) If it shall appear from the examination of any fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been vio lated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he or she believes that the public interest will be best served by a suitable notice of warning in writing or other methods. (d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the date on which this Act is approved by the Governor or becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker 776 JOURNAL OF THE SENATE Those not voting were Senators: Clay Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Tanksley (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. HB 418. By Representatives Jamieson of the 22nd, Buck of the 135th, Coleman of the 142nd and others: A bill 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 classify certain commercial vehicles as a separate class of property for ad valorem tax purposes. Senate Sponsor: Senator Thompson of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Tanksley (excused) Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 167. By Representative Royal of the 164th: A resolution authorizing the conveyance of certain state owned real property located in Mitchell County. Senate Sponsor: Senator Ragan of the llth. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. TUESDAY, MARCH 4, 1997 777 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Brush Egan Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Stokes Tanksley (excused) Thompson Walker On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 171. By Representatives Dixon of the 168th and Epps of the 131st: A bill to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Administrative Procedure Act," so as to redefine the term "agency" as it relates to the Department of Revenue. Senate Sponsor: Senator Henson of the 55th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Guhl Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger 778 JOURNAL OF THE SENATE Those not voting were Senators: Egan Fort Gochenour (excused) Griffin (excused) Harbison (excused) Hooks (excused) Johnson of 2nd Perdue (excused) Tanksley (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 214. by Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superin tendent shall prepare for the use of the public schools of this state a program of instruction in the correct use and display of the flag of the United States of America. Senate Sponsor: Senate Marable of the 52nd. The Senate Education Committee offered the following substitute to HB 214: A BILL To be entitled an Act to amend Code Section 20-2-310 of the Official Code of Georgia Anno tated, relating to student directory information, registering to vote and with selective ser vice, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America; to provide for minimum requirements of instruction including certain provisions of federal law; to provide for regulations and instructions as may best meet the varied requirements of the different grades in such public schools; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student direc tory information, registering to vote and with selective service, and pledge of allegiance, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c)(l) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. (2) The State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Educa tion, in the correct use and display of the flag of the United States of America which sHall include, as a minimum, specific instruction regarding respect for such flag and its dTsplay and use as provided by federal law and regulation, and under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. However, such instruction shall include, as a minimum, the provisions of 36 U.S.C. Sections 170 through 177." TUESDAY, MARCH 4, 1997 779 SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Those not voting were Senators: Fort Gochenour (excused) Griffin (excused) Guhl Harbison (excused) Hooks (excused) Johnson of 2nd Langford Price of 56th Ragan Ralston Ray Roberts Starr Stokes Street Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Perdue (excused) Scott Tanksley (excused) On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. At 2:50 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Thursday, March 6, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. 780 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 6, 1997 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of Tuesday, March 4, 1997 pro ceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 535. By Representative Davis of the 48th: A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over. HB 796. By Representative Brown of the 130th: A bill creating a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manager. HB 805. By Representative Channell of the lllth: A bill to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County. HB 806. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. HB 807. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the duties and powers of the chairper- HB 829. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to create the Richmond Hill Area Con vention and Visitors Bureau Authority," so as to change certain provisions relat ing to membership of the authority. HB 833. By Representatives Stallings of the 100th and West of the 101st: A bill to repeal an Act creating a board of elections in certain counties. THURSDAY, MARCH 6, 1997 781 HB 838. By Representative Perry of the llth: A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross in come does not exceed $20,000.00. HB 583. By Representative James of the 140th: A bill to amend Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, so as to provide that the participating local governments shall be authorized to establish the composition of the board of commissioners of such an authority. HB 258. By Representative Barnes of the 33rd: A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that procedure for indict ment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felo nies; to provide that a prosecution shall not proceed in either the state or superi or court without a grand jury indictment. HB 489. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties. HB 491. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and others: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies. HB 465. By Representative Williams of the 114th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to provide for a modification of the state plan for medical assistance. HB 533. By Representatives Shanahan of the 10th, Smith of the 175th, Crawford of the 129th and others: A bill to amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect. 782 JOURNAL OF THE SENATE HB 584. By Representatives Lane of the 146th, Golden of the 177th, Dobbs of the 92nd and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organi zations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. HB 420. By Representative O'Neal of the 75th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to redefine the term "educator"; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commis- HB 419. By Representatives Jamieson of the 22nd and Lee of the 94th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles. HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medical Fraud Forfeiture Act of 1997"; to provide a state ment of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. HB 290. By Representative Twiggs of the 8th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro vide that the Brady Law regulations shall apply to firearms; to delete a certain definition; to define the term "firearm"; to change the maximum fee that may be charged for a criminal history and involuntary hospitalization records check. HB 378. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th and others: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed coun ties. HB 622. By Representatives Sinkfield of the 57th, McKinney of the 51st and O'Neal of the 75th: A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Children and Youth Services to Department of Juvenile Justice. THURSDAY, MARCH 6, 1997 783 HB 651. By Representative Mueller of the 152nd: A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, so as to provide that a person who is providing care to another person, either on a permanent or tempo rary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency or a relative of such deceased person within six hours of the discovery of the death of such person. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 366. By Representatives Buck of the 135th, Royal of the 164th, Channell of the lllth and others: A resolution expressing the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt for government imposed fees, assessments, or taxation. HR 324. By Representative Shanahan of the 10th: A resolution designating the Trail of Tears Highway. The following bills were introduced, read the first time and referred to committees: SB 350. By Senator Ragan of the llth: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotat ed, relating to license to carry a pistol or revolver, so as to change the provisions relating to the prohibition against persons who have been convicted of certain drug offenses from being granted a license to carry a pistol or revolver. Referred to Committee on Public Safety. SB 351. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said of ficer. Referred to Committee on State and Local Governmental Operations. SB 352. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor-general of said court. Referred to Committee on State and Local Governmental Operations. SB 353. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Referred to Committee on State and Local Governmental Operations. 784 JOURNAL OF THE SENATE SB 354. By Senator Starr of the 44th: A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman. Referred to Committee on State and Local Governmental Operations. SB 355. By Senators Starr of the 44th and Glanton of the 34th: A bill to create the Clayton Collaborative Authority; to declare the need for the authority; to declare the purposes and objectives of the authority; to provide for the powers of the authority; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the elec tion of officers, quorum, bylaws, procedures, and meetings; to provide for com pensation of members. Referred to Committee on State and Local Governmental Operations. SB 356. By Senator Langford of the 29th: A bill to amend Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to the procedure for rehabilitation of an insurer, so as to change the priority of distribution of claims from an insurer's estate; to provide for a statement of intent. Referred to Committee on Insurance and Labor. SB 357. By Senators Starr of the 44th, Perdue of the 18th, Balfour of the 9th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method; to provide for penalties, civil actions, and relief; to provide for exceptions. Referred to Committee on Judiciary. SR 278. By Senators Gillis of the 20th, Middleton of the 50th, Dean of the 31st and others: A resolution urging the United States Environmental Protection Agency to reaf firm the existing air quality standards for ozone and particulate matter. Referred to Committee on Natural Resources. SR 279. By Senator Langford of the 29th: A resolution creating the Joint Subsequent Injury Trust Fund Study Commit tee. Referred to Committee on Rules. SR 280. By Senators Land of the 16th and Oliver of the 42nd: A resolution re-creating the Senate Study Committee on State Foster Care and Adoption. Referred to Committee on Rules. THURSDAY, MARCH 6, 1997 785 The following bills were read the first time and referred to committees: HB 258. By Representative Barnes of the 33rd: A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that procedure for indict ment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felo nies; to provide that a prosecution shall not proceed in either the state or superi or court without a grand jury indictment. Referred to Judiciary Committee. HB 290. By Representative Twiggs of the 8th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro vide that the Brady Law regulations shall apply to firearms; to delete a certain definition; to define the term "firearm"; to change the maximum fee that may be charged for a criminal history and involuntary hospitalization records check. Referred to Public Safety Committee. HB 377. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a state ment of findings and intent; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act. Referred to Judiciary Committee. HB 378. By Representatives Holland of the 157th, Hudson of the 156th, Floyd of the 138th and others: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax exemption for certain businesses in less developed coun ties. Referred to Finance and Public Utilities Committee. HB 419. By Representatives Jamieson of the 22nd and Lee of the 94th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that motor vehicles shall be divided into two distinct and separate classes of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equip ment motor vehicles. Referred to Finance and Public Utilities Committee. 786 JOURNAL OF THE SENATE HB 420. By Representative O'Neal of the 75th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to redefine the term "educator"; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commis sion. Referred to Education Committee. HB 465. By Representative Williams of the 114th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a definition; to provide for a modification of the state plan for medical assistance. Referred to Health and Human Services Committee. HB 489. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties. Referred to State and Local Governmental Operations (General) Committee. HB 491. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies. Referred to State and Local Governmental Operations (General) Committee. HB 533. By Representatives Shanahan of the 10th, Smith of the 175th, Crawford of the 129th and Barnes of the 33rd: A bill to amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect. Referred to Special Judiciary Committee. HB 583. By Representative James of the 140th: A bill to amend Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, so as to provide that the participating local governments shall be authorized to establish the composition of the board of commissioners of such an authority. Referred to State and Local Governmental Operations (General) Committee. THURSDAY, MARCH 6, 1997 787 HB 584. By Representatives Lane of the 146th, Golden of the 177th, Dobbs of the 92nd and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organi zations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. Referred to Insurance and Labor Committee. HB 622. By Representatives Sinkfield of the 57th, McKinney of the 51st and O'Neal of the 75th: A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Children and Youth Services to the Department of Juve nile Justice. Referred to Corrections, Correctional Institutions and Property Committee. HB 651. By Representative Mueller of the 152nd: A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, so as to provide that a person who is providing care to another person, either on a permanent or tempo rary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency or a relative of such deceased person within six hours of the discovery of the death of such person. Referred to Special Judiciary Committee. HB 833. By Representatives Stallings of the 100th and West of the 101st: A bill to repeal an Act creating a board of elections in certain counties. Referred to State and Local Governmental Operations (General) Committee. HR 324. By Representative Shanahan of the 10th: A resolution designating the Trail of Tears Highway. Referred to Transportation Committee. HR 366. By Representatives Buck of the 135th, Royal of the 164th, Channell of the lllth and others: A resolution expressing the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments, or taxation. Referred to Science, Technology and Industry Committee. HB 535. By Representative Davis of the 48th: A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over. Referred to State and Local Governmental Operations Committee. 788 JOURNAL OF THE SENATE HB 796. By Representative Brown of the 130th: A bill creating a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manager. Referred to State and Local Governmental Operations Committee. HB 805. By Representative Channell of the lllth: A bill to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County. Referred to State and Local Governmental Operations Committee. HB 806. By Representative Ponder of the 160th: A bill to create the Miller County Recreation Authority and to provide for the appointment of members of the authority. Referred to State and Local Governmental Operations Committee. HB 807. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the duties and powers of the chairper son. Referred to State and Local Governmental Operations Committee. HB 829. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to create the Richmond Hill Area Con vention and Visitors Bureau Authority," so as to change certain provisions relat ing to membership of the authority. Referred to State and Local Governmental Operations Committee. HB 838. By Representative Perry of the llth: A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross in come does not exceed $20,000.00. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 298. Do pass by substitute. HB 416. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman THURSDAY, MARCH 6, 1997 789 Mr. President: The Committee on Corrections, Correctional Institutions and Properties 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 Dean of the 31st District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 335. Do pass. HR 254. Do pass. Respectfully submitted, Senator Harbison of the 15th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 336. Do pass. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 106. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Finance and Public Utilties has had under consideration the follow ing bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 95. Do pass. HR 142. Do pass. HB 185. Do pass by substitute. HR 271. Do pass by substitute. HB 228. Do pass. HR 272. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman 790 JOURNAL OF THE SENATE Mr. President: The Committee on Health and Human Services has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 267. Do pass by substitute. Respectfully submitted, Senator Middleton of the 50th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 292. Do pass by substitute. HR 48. Do pass. Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: HB 460. Do pass. HB 331. Do pass. SB 279. Do pass. Respectfully submitted, Senator Langford of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 182. Do pass by substitute. HB 293. Do pass. SB 227. Do pass by substitute. HB 347. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 185. Do pass as amended. HB 219. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman THURSDAY, MARCH 6, 1997 791 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 143. Do pass. HB 510. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 288. Do pass. HB 451. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 113. Do pass as amended. Respectfully submitted, Senator Blitch of the 7th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 72. Do pass as amended. SR 254. Do pass as amended. SR 232. Do pass as amended. SR 255. Do pass as amended. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 168. Do pass. SR 249. Do pass. SR 225. Do pass by substitute. HR 44. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman 792 JOURNAL OF THE SENATE Mr. President: The Committee on Science, Technology and Industry has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HB 431. Do pass. SB 312. Do pass by substitute. Respectfully submitted, Senator Tysinger of the 41st 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 245. Do pass by substitute. HB 423. Do pass as amended. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 316. Do pass. HB 689. Do pass. HB 524. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 324. Do pass by substitute. SB 349. Do pass. SB 344. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 338. Do pass. HB 769. Do pass. SB 342. Do pass. HB 770. Do pass. HB 430. Do pass. HB 771. Do pass. HB 748. Do pass. HB 772. Do pass. HB 764. Do pass. HB 775. Do pass. THURSDAY, MARCH 6, 1997 793 HB 768. Do pass. HB 778. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 249. Do pass as amended. HB 79. Do pass. SR 178. Do pass by substitute. HR 106. Do pass. SR 244. Do pass. HR 112. Do pass. SR 251. Do pass. HR 159. Do pass. SR 252. Do pass. HR 215. Do pass. SR 253. Do pass. HR 245. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology 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 438. Do pass. HB 497. Do pass. HB 496. Do pass. Respectfully submitted, Senator Kemp of the 3rd District, Chairman The following bills were read the second time: SB 39 SB 261 SB 92 SB 274 SB 161 SB 315 SB 171 SB 325 SB 185 SB 226 Senator Clay of the 37th moved that Senator Tanksley of the 32nd be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Tanksley was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts 794 JOURNAL OF THE SENATE Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not answering were Senators: Brush Perdue (presiding) Scott Tanksley (excused) Senator Perdue of the 18th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Blitch of the 7th introduced the chaplain of the day, Reverend Austin DeLoach of Lakeland, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 277. By Senators Gillis of the 20th, Middleton of the 50th, Dean of the 31st and others: A resolution recognizing the importance of ground water in the State of Georgia and commending the water well drilling industry in Georgia and the Georgia Drillers Association. SR 281. By Senators James of the 35th and Scott of the 36th: A resolution recognizing United States Marshal Robert H. McMichael, II, and the Northern District of Georgia Office of the United States Marshals Service. SR 282. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others: A resolution commending Michael B. Tabb. SR 283. By Senator Hill of the 4th: A resolution commending Norman W. Fries. SR 284. By Senator Hill of the 4th: A resolution honoring Don Sports on the occasion of his retirement. SR 285. By Senator Marable of the 52nd: A resolution commending the Model High School Mock Trial Team. Senator Brown of the 26th introduced representatives from the Macon Cherry Blossom Festival, commended by SR 136, adopted previously, who addressed the Senate briefly. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, March 6, 1997 TWENTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) THURSDAY, MARCH 6, 1997 795 SB 338 Price, 28th COWETA COUNTY Amends an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872, as amended, so as to change provisions relating to the compen sation of the members of the board of commissioners. SB 342 Abernathy, 38th Clay, 37th Lamutt, 21st Tanksley, 32nd Thompson, 33rd COBB COUNTY Amends an Act creating the State Court of Cobb County, approved March 26, 1964, as amended, so as to change the compensation of the solicitor-general. HB 430 Abernathy, 38th Clay, 37th Lamutt, 21st Tanksley, 32nd Thompson, 33rd COBB COUNTY Amends an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court. HB 748 Perdue, 18th CITY OF WARNER ROBINS Amends an Act providing a new charter for the City of Warner Robins, so as to change the provisions relating to run-off elections. HB 764 Boshears, 6th TOOMBS COUNTY Amends an Act creating the Board of Commissioners of Toombs County, so as to change the provisions relating to the compensation of the chairperson and mem bers of the board of commissioners. HB 768 Harbison, 15th Land, 16th CITY OF COLUMBUS Amends an Act establishing the Municipal Court of Columbus, so as to change fees and cost and the provisions relating thereto. HB 769 Harbison, 15th Land, 16th CITY OF COLUMBUS Amends an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge of said court. 796 JOURNAL OF THE SENATE HB 770 Harbison, 15th Land, 16th MUSCOGEE COUNTY Amends an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court. HB 771 Harbison, 15th Land, 16th MUSCOGEE COUNTY Amends an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County. HB 772 Harbison, 15th Land, 16th MUSCOGEE COUNTY Amends an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of the court. HB 775 Abernathy, 38th Clay, 37th Lamutt, 21st Tanksley, 32nd Thompson, 33rd COBB COUNTY Amends an Act to create a board of elections and registration in Cobb County, so as to provide that a member of the board may serve for two full four-year terms, excluding time served under an interim appointment. HB 778 Johnson, E., 1st Johnson, D., 2nd CITY OF SAVANNAH AND CHATHAM COUNTY Amends an Act creating the Georgia International and Maritime Trade Center Authority, so as to provide for an additional member of such authority. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden THURSDAY, MARCH 6, 1997 797 Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Burton Perdue (presiding) Tanksley (excused) On the passage of the local bills, the yeas were 53, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Thursday, March 6, 1997 TWENTY-EIGHTH LEGISLATIVE DAY SB 25 State School Superintendent--repeal certain qualification provisions (Ed-- 42nd) HB 205 Motor vehicle; license plates, ad valorem tax; amend provisions (Substitute) (Trans--33rd) Powell--23rd HB 334 Public retirement systems; certain records; limit public inspection (Ret--23rd) Cummings--27th HB 97 Insurance; amend provisions (Substitute) (I&L--24th) Williams--114th SR 100 Senate Structured Sentencing Commission--create (Rules--18th) HB 425 Hotel-motel tax; additional levy; certain counties and municipalities (F&PU-- 30th) Snelling--99th HB 426 Deer Farming; provisions (Amendment) (Ag--19th) Floyd 138th HB 110 Special license plates; Shrine hospitals (Trans--33rd) Barnes--33rd HB 479 Revenue and taxation; certain electronic transfers (Substitute) (F&PU--12th) Baker--70th HB 151 Income tax; certain businesses; job tax credits (F&PU--16th) Buck--135th HB 388 Property; tax sale; redemption amount (F&PU--25th) Channell--lllth SR 167 DeKalb County--leasing of certain state property (F&PU--41st) HR 105 Regional development center; ratify boundary (SLGO--G--18th) Floyd--138th SB 244 Child Placement--criminal records check of person residing in home (Substi tute) (Judy--49th) HB 212 Crabbing; licensing; traps (Nat R--3rd) DeLoach-- 172nd HB 83 Revenue Code; conformity with certain federal law (F&PU--44th) Buck--135th 798 JOURNAL OF THE SENATE HB 508 Hotel-motel tax; additional levy; certain counties and municipalities (F&PU-- 19th) Skipper-- 137th HB 138 Respiratory care professionals; continuing education (C Aff--46th) McBee-- 88th Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 25. By Senators Oliver of the 42nd, Egan of the 40th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, so as to repeal certain provisions relating to the qualifications of the state school superintendent. Senator Oliver of the 42nd offered the following amendment: Amend SB 25 by striking the world "repeal" in line 3 of page 1 and inserting in lieu thereof the word "change". By striking in line 12 of page 1 the words "which reads as follows" and inserting in lieu thereof the words "and inserting in lieu thereof the following". By inserting in line 17 of page 1 immediately preceding the word "teacher" the word "certificated" . By inserting on line 19 of page 1 immediately preceding the period the symbol and words "; provided, however, that four years' service as a member of a local board of education or the State Board of Education may be substituted for teaching experience". By striking lines 20 through 22 of page 1. Senator Oliver of the 42nd asked unanimous consent that her amendment be withdrawn. The consent was granted and the amendment was withdrawn. Senators Clay of the 37th, Cagle of the 49th and Johnson of the 1st offered the follow ing amendment: Amend SB 25 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following: "amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to delete certain provisions relating to the certifica tion and classification of local school superintendents by the Professional Standards Com mission; to provide for related matters; to repeal conflicting laws; and for other purposes." By inserting between lines 22 and 23 the following: "SECTION 2. Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, is amended by striking subsection (b) of Code Section 20-2-101, relating to the appointment of county school superintendents, and inserting in lieu thereof a new subsection (b) to read as follows: '(b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character and; has never been convicted of any crime involving moral turpitude, and possesses m;ucptault; uusiiieo ui limiia^eiiiciil CAptji ienue cis jjei;ilit;u \jy Llic 1 iulcoiunal oLiiilv aliil i;ci tiliCfitc tJi a Icttci ul dlgiulllLy lui aiiu tci Lil- i^uii't^u \jy Llit? IT i ulcssiuiicil oLciiiilcii'uri wuii THURSDAY, MARCH 6, 1997 799 SECTION 3. Said article is further amended by striking in its entirety Code Section 20-2-108, relating to certification and classification of local school superintendents, and inserting in lieu thereof a new Code Section 20-2-108 to read as follows: '20-2-108. EjctCTl lOCtilSCIlGGl S U.pej.'-ii.ittillu.tJilt rilictllDE C&1'tllifeCltiilQ CitlriiciirieLl \jy til6 IT I"OIe ss1Oiltil otfl.iiuaiLQS vJuiiiilnisSlOli tiB ttciCliGrS tire iiuW CldSBilitJur^.ilu. utirtltlGQillicit;!' UOut; ocCtiun 20-2-282. Local school superintendents shall not be subject to certification and classifica tion by the~Professional Standards Commission. The superintendents shall receive sala ries according to a schedule of minimum salaries fixed by the state board baaed uii CltisSillCeltlull illlCi Cei'tillCfcitlGll lH tile SctiHG 1113111.1el' tcctCIIB1"8 cJTtJ ^jcnCi uilClci1 \j 2i i*\ provided, however, that in no event shall the salary of a superintendent be less than $27,000.00 per year, such salary to be paid in equal monthly installments out of state funds; and in addition thereto, the local board of education shall allow additional com pensation for the services to be rendered as may be in its judgment proper and just.'" By redesignating Section 2 and Section 3 as Section 4 and Section 5, respectively. On the adoption of the amendment, the yeas were 32, nays 6, and the Clay, et al. amendment to SB 25 was adopted. Senator Brush of the 24th offered the following amendment: Amend SB 25 by changing date on line 25 page 1 from July 1, 1997 to July 1, 1998 On the adoption of the amendment, the yeas were 11, nays 27, and the Brush amend ment to SB 25 was lost. Pursuant to Rule 143, action on SB 25 was suspended, and the bill was placed on the General Calendar. The President assumed the Chair. The following bill was taken up to consider the Conference Committee report thereto: HB 34. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19961997 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1996-1997. The Conference Committee report was as follows: The Committee of Conference on HB 34 recommends that both the Senate and House of Representatives recede for their positions and that the attached Committee of Confer ence Substitute to HB 34 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ George Hooks Senator, 14th District /s/ Charles W. Walker Senator, 22nd District /s/ Sonny Perdue Senator, 18th District /s/ Terry L. Coleman Representative, 142nd District /s/ Larry Walker Representative, 141st District /s/ Thomas B. Buck, III Representative, 135th District 800 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE TO HB 34: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the "General Appropriations Act", approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the "General Appropriations Act" approved April 25, 1996 (Ga. L. 1996, p. 1529), is fur ther amended by striking everything following the enacting clause through Section 64, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $10,500,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. PARTI. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly................................... $26,278,571 Personal Services--Staff ....................................... $13,982,258 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.............................. $145,980 Per Diem, Fees and Contracts--Elected Officials................... $2,394,925 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 $ 1,191,350 Total $ 5,957,178 State Funds $ 4,107,790 $ 658,038 $ 1,191,350 $ 5,957,178 THURSDAY, MARCH 6, 1997 801 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 $ 2,152,611 Legislative Budget Office $ 1,006,538 Ancillary Activities $ 1,401,672 Budget Responsibility Oversight Committee $ 377,153 Total $ 7,719,579 State Funds $ 2,781,605 $ 2,152,611 $ 1,006,538 $ 1,401,672 377,153 $ 7,719,579 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee, for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Commit tee is hereby authorized to promulgate rules and regulations relative to the expenditure 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 de tailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$20,625,494 Personal Services ............................................. $16,470,396 Regular Operating Expenses ..................................... $617,030 Travel ......................................................... $575,000 802 JOURNAL OF THE SENATE Motor Vehicle Purchases ......................................... $268,695 Equipment ...................................................... $15,000 Real Estate Rentals ............................................. $895,000 Per Diem, Fees and Contracts ..................................... $58,225 Computer Charges ............................................. $1,564,000 Telecommunications ............................................. $162,148 Total Funds Budgeted ......................................... $20,625,494 State Funds Budgeted ......................................... $20,625,494 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch..................................... $83,818,558 Personal Services ............................................. $12,144,773 Other Operating ............................................. .$68,626,312 Prosecuting Attorney's Council................................... $2,325,110 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 ......................................... $85,452,799 State Funds Budgeted ......................................... $83,818,558 Judicial Branch Functional Budgets Total Funds Supreme Court $ 6,591,102 Court of Appeals $ 7,884,049 Superior Court--Judges $ 33,885,637 Superior Court--District Attorneys $ 27,798,196 Juvenile Court $ 1,093,172 Institute of Continuing Judicial Education $ 758,378 Judicial Council $ 2,026,094 Judicial Qualifications Commission $ 168,197 Indigent Defense Council $ 3,000,000 Georgia Courts Automation Commission $ 1,998,906 Georgia Office Of Dispute Resolution $ 249,068 Total $ 85,452,799 State Funds $ 5,965,631 $ 7,834,049 $ 33,817,637 $ 26,907,426 $ 1,093,172 $ 758,378 $ 2,026,094 $ 168,197 $ 3,000,000 $ 1,998,906 $ 249,068 $ 83,818,558 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services .............. .$41,626,890 Personal Services ............................................. $50,932,252 Regular Operating Expenses .................................. .$13,051,106 Travel ......................................................... $434,831 Motor Vehicle Purchases ......................................... $696,459 Equipment .................................................... $1,608,195 Computer Charges ............................................ $11,737,692 Real Estate Rentals ............................................ $3,586,862 Telecommunications ............................................ $4,134,175 Per Diem, Fees and Contracts ................................... $3,036,876 Rents and Maintenance Expense ................................ $11,796,710 Utilities.............................................................. $0 THURSDAY, MARCH 6, 1997 803 Payments to DOAS Fiscal Administration ......................... $2,972,744 Direct Payments to Georgia Building Authority for Capital Outlay ........................................................ $50,000 Direct Payments to Georgia Building Authority for Operations ................................................... $540,699 Telephone Billings ............................................ $60,183,280 Radio Billings .................................................. $929,406 Materials for Resale ........................................... $21,000,000 Public Safety Officers Indemnity Fund............................. $550,000 Health Planning Review Board Operations .......................... $85,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$187,459,787 Departmental Functional Budgets Total Funds Executive Administration $ 1,940,977 Departmental Administratiion $ 2,232,092 Statewide Systems $ 12,701,985 Space Management $ 530,934 Procurement Administratio>nn $ 3,061,819 General Services $ 683,232 Central Supply Services $ 20,919,779 Data Processing Services $ 47,343,191 Motor Vehicle Services $ 4,627,673 Communication Services $ 76,288,305 Printing Services $ 3,363,509 Surplus Property $ 2,691,230 Mail and Courier Services $ 1,309,330 Risk Management $ 4,344,516 State Properties Commission $ 668,788 Distance Learning and emedicine $ 0 Office of the Treasury $ 1,092,425 State Office of Adminis ;ive Hearings $ 3,660,002 Total $ 187,459,787 State Funds $ 1,162,773 $ 2,100,905 $ 9,727,188 $ 530,934 $ 3,061,819 $ 0 $ 0 $ 14,069,599 $ 0 $ 5,850,000 $ 0 $ 0 $ 0 $ 550,000 $ 668,788 $ 0 $ 519,051 $ 3,385,833 $ 41,626,890 ia Buildinsr Authoritv ...................... ............ $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................................................... $50,000 Utilities.............................................................. $0 Contractual Expense .................................................. $0 804 JOURNAL OF THE SENATE Facilities Renovations and Repairs ...................................... $0 Total Funds Budgeted ......................................... $37,038,499 State Funds Budgeted ................................................. $0 Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total Departmental Functional Budgets Total Funds $ 1,535,634 $ 5,475,952 $ 4,453,839 $ 6,785,722 $ 382,451 $ 4,097,175 $ 12,927,239 $ 451,635 $ 928,852 $ 37,038,499 State Funds $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $37,694,271 Personal Services ............................................. $31,819,304 Regular Operating Expenses .................................... $4,514,508 Travel ........................................................$1,074,894 Motor Vehicle Purchases ......................................... $692,227 Equipment ..................................................... $439,750 Computer Charges .............................................. $550,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $992,587 Market Bulletin Postage ........................................ $1,046,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,750,466 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,719,702 Veterinary Fees ................................................. $312,000 Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $662,431 Payments to Georgia Development Authority ............................. $0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ............................ $350,000 Capital Outlay ........................................................ $0 Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ......................................... $49,425,929 State Funds Budgeted ......................................... $37,694,271 Plant Industry Animal Industry Marketing Departmental Functional Budgets Total Funds $ 8,520,089 $ 16,000,489 $ 6,687,636 State Funds $ 7,739,089 $ 12,868,354 $ 3,012,636 THURSDAY, MARCH 6, 1997 805 Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total 5,837,509 3,449,263 8,348,840 582,103 49,425,929 5,650,009 3,319,563 5,104,620 0 37,694,271 B. Budget Unit: Georgia Agrirama Development Authority..................... $0 Personal Services ............................................... $934,037 Regular Operating Expenses ..................................... $178,872 Travel ........................................................... $4,650 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $3,060 Computer Charges ................................................ $2,000 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,757 Per Diem, Fees and Contracts ...................................... $7,225 Capital Outlay.................................................. $145,367 Goods for Resale ................................................ $107,050 Total Funds Budgeted .......................................... $1,390,018 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 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 ......... .$149,407,187 Personal Services ............................................. $95,045,696 Regular Operating Expenses .................................... $9,511,811 Travel ......................................................... $939,357 Motor Vehicle Purchases ......................................... $185,788 Equipment ..................................................... $465,630 Computer Charges .............................................. $346,436 Real Estate Rentals ............................................ $1,690,885 Telecommunications ............................................ $1,010,824 Per Diem, Fees and Contracts ................................... $5,783,294 Utilities ....................................................... $2,959,577 Institutional Repairs and Maintenance ............................ $509,559 Grants to County-Owned Detention Centers ....................... $3,615,495 Service Benefits for Children ................................... $17,682,980 Purchase of Service Contracts .................................. $15,416,530 Capital Outlay........................................................ $0 Total Funds Budgeted ....................................... .$155,163,862 State Funds Budgeted ....................................... .$149,407,187 806 JOURNAL OF THE SENATE Departmental Functional Budgets Total Funds Regional Youth Development Centers $ 31,841,613 Bill Ireland YDC $ 15,925,486 Augusta State YDC $ 10,897,401 Lorenzo Benn YDC $ 6,538,420 Macon State YDC $ 5,564,824 Wrightsville YDC $ 14,855,196 YDC Purchased Services $ 14,593,530 Court Services $ 19,219,077 Day Centers $ 496,745 Group Homes $ 1,043,480 CYS Purchased Services $ 20,043,552 Law Enforcement Office $ 1,650,835 Assessment and Classification $ 591,587 Multi-Service Centers $ 3,886,910 Youth Services Administration $ 8,015,206 Total $ 155,163,862 State Funds $ 29,863,052 $ 15,148,043 $ 10,234,969 $ 6,223,039 $ 5,228,227 $ 14,519,944 $ 14,306,280 $ 19,072,273 $ 496,745 $ 1,043,480 $ 19,216,597 $ 1,650,835 $ 591,587 $ 3,796,910 $ 8,015,206 $ 149,407,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $47,585,552 Personal Services ............................................. $13,169,863 Regular Operating Expenses .................................... $1,615,940 Travel ......................................................... $342,534 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $96,673 Real Estate Rentals ............................................ $1,102,988 Per Diem, Fees and Contracts ................................... $1,257,446 Computer Charges .............................................. $387,197 Telecommunications ............................................. $344,452 Capitol Felony Expenses ............................................... $0 Contracts for Regional Planning and Development ................. $2,167,374 Local Assistance Grants ....................................... $24,114,971 Appalachian Regional Commission Assessment ..................... $112,439 Community Development Block Grants--Federal ................. $30,000,000 Payment to Georgia Environmental Facilities Authority ............ $2,407,584 Payment to Georgia Housing and Finance Authority ............... $2,814,244 ARC-Revolving Loan Fund ............................................. $0 Local Development Fund ......................................... $650,000 Payments to Music Hall of Fame Authority ........................ $965,278 Payment to State Housing Trust Fund............................ $4,625,000 Payments to Sports Hall of Fame ................................. $281,541 Regional Economic Business Assistance Grants .................... $6,650,000 Local Government Efficiency Grant Program ....................... $500,000 State Commission on National and Community Service .............. $214,856 EZ/EC Administration ........................................... $209,499 EZ/EC Grants ........................................................ $0 Business Flood Disaster Recovery Program............................... $0 Targeted Regional Assistance Program .................................. $0 Administrative Cost Allocation.......................................... $0 Total Funds Budgeted ......................................... $94,029,879 THURSDAY, MARCH 6, 1997 807 State Funds Budgeted ......................................... $47,585,552 Departmental Functional Budgets Total Funds Executive Division $ 1,053,363 Research and Information Division $ 2,896,369 Planning and Management Division $ 4,481,067 Business and Financial Assistance Division $ 39,376,604 Housing and Finance Division $ 4,005,987 Accounting, Audits and Administrative Division $ 38,625,792 Rental Assistance Division $ 3,590,697 Total $ 94,029,879 State Funds $ 546,906 $ 2,448,142 $ 4,276,254 $ 7,828,061 $ 0 $ 32,486,189 $ 0 $ 47,585,552 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........... $674,679,443 Personal Services ........................................... .$474,541,615 Regular Operating Expenses ................................... $59,230,330 Travel ........................................................ $2,139,094 Motor Vehicle Purchases ........................................ $4,348,384 Equipment .................................................... $5,221,705 Computer Charges ............................................. $6,070,360 Real Estate Rentals ............................................ $6,008,776 Telecommunications ............................................ $7,505,873 Per Diem, Fees and Contracts .................................. $12,797,324 Capital Outlay........................................................ $0 Utilities ...................................................... $21,029,455 Court Costs ................................................... $1,100,000 County Subsidy ............................................... $15,986,950 County Subsidy for Jails ........................................ $4,143,750 County Workcamp Construction Grants.................................. $0 Central Repair Fund ........................................... $1,127,250 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $65,495,930 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 ....................................... .$695,267,320 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$674,679,443 Executive Operations Administration Human Resources Field Probation Facilities Total Departmental Functional Budgets Total Funds $ 14,842,276 $ 88,195,813 $ 12,358,510 $ 59,672,669 $ 520,198,052 $ 695,267,320 State Funds $ 14,485,276 $ 84,886,738 $ 12,358,510 $ 59,192,669 $ 503,756,250 $ 674,679,443 808 JOURNAL OF THE SENATE B. Budget Unit: Board of Pardons and Paroles ....................... $43,308,314 Personal Services ............................................. $33,766,363 Regular Operating Expenses .................................... $1,615,677 Travel ......................................................... $547,000 Motor Vehicle Purchases ......................................... $228,000 Equipment ..................................................... $191,424 Computer Charges .............................................. $291,200 Real Estate Rentals ............................................ $2,785,000 Telecommunications ............................................. $930,000 Per Diem, Fees and Contracts ................................... $2,278,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ......................................... $43,308,314 State Funds Budgeted ......................................... $43,308,314 Section 10. Department of Defense. Budget Unit: Department of Defense .............................. .$4,230,851 Personal Services .............................................. $9,090,415 Regular Operating Expenses .................................... $6,198,797 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 ........................................ .$15,881,777 State Funds Budgeted .......................................... $4,230,851 Departmental Functional Budgets Total Funds Office of the Adjutant General $ 1,281,075 Georgia Air National Guard $ 5,316,273 Georgia Army National Guard $ 9,284,429 Total $ 15,881,777 State Funds $ 1,241,926 $ 618,360 $ 2,370,565 $ 4,230,851 Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations:.............. $4,111,161,076 Personal Services .............................................$33,455,602 Regular Operating Expenses .................................... $5,226,647 Travel ......................................................... $967,224 Motor Vehicle Purchases .......................................... $57,592 Equipment ..................................................... $117,371 Computer Charges ............................................. $7,526,554 Real Estate Rentals ............................................ $1,309,614 Telecommunications ............................................ $1,109,107 Per Diem, Fees and Contracts .................................. $17,476,784 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 THURSDAY, MARCH 6, 1997 809 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 ......................................... $142,329,530 Local Fair Share ........................................... $(673,892,309) Mid-Term Adjustment Reserve.................................. $91,218,777 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 ........................................ $78,838,661 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 ............................... $2,210,804 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 ............................. $9,764,497 Georgia Learning Resources System .............................. $3,489,010 High School Program ......................................... .$21,712,907 Special Education in State Institutions ........................... $5,041,480 Governor's Scholarships......................................... $3,500,000 Counselors .................................................... $7,580,313 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 Salaries and Travel of Public Librarians ................................. $0 Public Library Materials ............................................... $0 Talking Book Centers.................................................. $0 Public Library M & O ................................................. $0 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 ...............................................$1,250,000 810 JOURNAL OF THE SENATE Advanced Placement Exams ...................................... $700,000 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 ............................................ $3,300,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $55,000 Technology Specialist.......................................... $15,289,138 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,607,189,339 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $4,111,161,076 Departmental Functional Budgets Total Funds State Administration $ 9,979,858 Student Learning and Assessment $ 16,525,416 Governor's Honors Program $ 1,216,892 Quality and School Support $ 4,752,496 Federal Programs $ 6,005,977 Technology $ 11,784,145 Professional Practices $ 1,099,461 Local Programs $ 4,539,380,572 Georgia Academy for the Blind $ 5,396,840 Georgia School for the Deaf $ 4,999,826 Atlanta Area School for the Deaf $ 5,044,718 Office of School Readiness $ 1,003,138 Total $ 4,607,189,339 State Funds $ 8,522,164 $ 12,459,463 $ 1,139,303 $ 4,752,496 $ 717,685 $ 10,710,449 $ 1,099,461 $ 4,056,290,225 $ 5,143,455 $ 4,770,730 $ 4,771,163 $ 784,482 $ 4,111,161,076 B. Budget Unit: Lottery for Education ............................. .$348,481,780 Pre-Kindergarten for 4-year-olds ............................... $204,982,285 Applied Technology Labs ........................................ $3,650,000 Assistive Technology .................................................. $0 Alternative Programs ........................................... $1,100,000 Educational Technology Centers ........................................ $0 Distant Learning--Satellite Dishes................................ $250,000 Model Technology Schools .............................................. $0 Capital Outlay.............................................. .$107,147,885 Post Secondary Options ......................................... $1,510,000 Learning Logic Sites................................................... $0 Financial and Management Equipment ........................... $2,736,950 Computers in the Classroom.................................... $27,104,660 Total Funds Budgeted ....................................... .$348,481,780 Lottery Funds Budgeted ...................................... $348,481,780 Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................... $0 Personal Services ..............................................$1,969,849 Regular Operating Expenses ..................................... $301,000 Travel .......................................................... $18,000 Motor Vehicle Purchases ............................................... $0 THURSDAY, MARCH 6, 1997 811 Equipment ...................................................... $13,220 Computer Charges .............................................. $554,222 Real Estate Rentals ............................................. $306,040 Telecommunications .............................................. $38,362 Per Diem, Fees and Contracts ................................... $1,313,358 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,514,051 State Funds Budgeted ................................................. $0 Section 13. Forestry Commission. Budget Unit: Forestry Commission ................................ $35,585,086 Personal Services ............................................. $29,287,269 Regular Operating Expenses .................................... $5,693,751 Travel ......................................................... $159,937 Motor Vehicle Purchases ........................................ $1,032,785 Equipment .................................................... $1,599,619 Computer Charges .............................................. $310,500 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts ................................... $1,094,798 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 ........................................ .$40,491,781 State Funds Budgeted ......................................... $35,585,086 Departmental Functional Budgets Total Funds Reforestation $ 1,843,044 Field Services $ 34,669,238 General Administration and Support $ 3,979,499 Total $ 40,491,781 State Funds $ 52,726 $ 32,721,016 $ 3,811,344 $ 35,585,086 Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $46,972,957 Personal Services ............................................. $35,621,860 Regular Operating Expenses .................................... $4,283,612 Travel ......................................................... $448,187 Motor Vehicle Purchases ......................................... $476,558 Equipment ..................................................... $606,640 Computer Charges .............................................. $610,837 Real Estate Rentals ............................................ $2,063,325 Telecommunications ............................................ $1,082,166 Per Diem, Fees and Contracts ................................... $1,295,772 Evidence Purchased ............................................. $484,000 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $46,972,957 State Funds Budgeted ......................................... $46,972,957 812 JOURNAL OF THE SENATE Departmental Functional Budgets Total Funds Administration $ 3,777,831 Investigative $ 24,562,684 Georgia Crime Information Center $ 7,965,488 Forensic Sciences $ 10,666,954 Total $ 46,972,957 State Funds $ 3,777,831 $ 24,562,684 $ 7,965,488 $ 10,666,954 $ 46,972,957 Section 15. Office of the Governor. Budget Unit: Office of the Governor ............................... $33,039,333 Personal Services ............................................. $15,246,726 Regular Operating Expenses ..................................... $954,076 Travel ......................................................... $266,239 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $63,776 Computer Charges .............................................. $582,757 Real Estate Rentals ............................................ $1,002,683 Telecommunications ............................................. $455,681 Per Diem, Fees and Contracts ................................... $4,306,578 Cost of Operations ............................................. $3,432,344 Mansion Allowance ............................................... $40,000 Investment for Modernization .................................... $700,000 Governor's Emergency Fund ..................................... $5,185,678 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,850,000 Art Grants of Non-State Funds ................................... $214,000 Humanities Grant--State Funds .................................. $150,000 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,477,500 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 ......................................... $40,314,381 State Funds Budgeted ......................................... $33,039,333 Departmental Functional Budgets Total Funds Governor's Office $ 8,823,022 Office of Equal Opportunity $ 981,413 Office of Planning and Budget $ 8,387,160 Council for the Arts $ 4,996,782 Office of Consumer Affairs $ 3,251,629 Georgia Information Technology Policy Council $ 342,373 Criminal Justice Coordinating Council $ 1,230,166 Children and Youth Coordinating Council $ 2,206,223 Human Relations Commission $ 313,156 Professional Standards Commission $ 4,389,399 Georgia Emergency Management Agency $ 5,009,163 State Funds $ 8,823,022 $ 823,413 $ 8,287,160 $ 4,420,782 $ 3,251,629 $ 342,373 $ 290,847 $ 531,223 $ 313,156 $ 4,389,399 $ 1,182,434 THURSDAY, MARCH 6, 1997 813 Office of State Olympic Coordination Governor's Commission for the Privatization of Government Services Vocational Education Advisory Council Total $ 94,895 $ 94,895 $ 200,000 $ 200,000 $ 89,000 $ 89,000 $ 40,314,381 $ 33,039,333 Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations ......................... .$692,931,469 1. General Administration and Support Budget: Personal Services ............................................. $52,702,721 Regular Operating Expenses .................................... $2,156,126 Travel ........................................................ $1,332,131 Motor Vehicle Purchases ........................................ $1,647,558 Equipment ...................................................... $89,753 Real Estate Rentals ............................................ $4,818,586 Per Diem, Fees and Contracts ................................... $5,970,346 Computer Charges ............................................. $1,282,446 Telecommunications ............................................. $726,204 Special Purpose Contracts........................................ $284,000 Service Benefits for Children ................................... $46,786,389 Purchase of Service Contracts .................................. $37,907,296 Institutional Repairs and Maintenance ............................. $73,440 Postage ........................................................ $996,644 Payments to DMA-Community Care ............................. $17,942,073 Grants to County DFACS--Operations ............................ $797,890 Total Funds Budgeted ....................................... .$175,513,603 Indirect DOAS Services Funding .................................. $412,600 Departmental Functional Budgets Total Funds Commissioner's Office $ 1,460,368 Budget Administration $ 1,484,360 Children's Community 3d Initiative $ 5,119,250 Troubled Children's Placemtents $ 46,786,389 Technology and Support $ 21,446,210 Facilities Management $ 5,480,691 Regulatory Services--Pr am Direction and Support $ 877,102 Child Care Licensing $ 2,739,981 Health Care Facilities Reguilation $ 9,960,897 Fraud and Abuse $ 6,265,864 Financial Services $ 6,193,516 Auditing Services $ 1,845,416 Personnel Administration $ 1,824,319 Indirect Cost $ 0 Policy and Government Services $ 1,031,559 Aging Services $ 59,598,073 State Health Planning Agency $ 1,695,639 DD Council $ 1,703,969 State Funds $ 1,460,368 $ 1,472,459 $ 4,744,250 $ 33,635,726 $ 19,803,056 $ 4,226,695 $ 867,102 $ 2,739,981 $ 4,226,414 $ 2,306,430 $ 5,993,516 $ 1,845,416 $ 1,824,319 $ (8,595,811) $ 1,031,559 $ 29,989,591 $ 1,615,639 $ 51,163 814 JOURNAL OF THE SENATE Total $ 175,513,603 $ 109,237,873 2. Public Health Budget: Personal Services ............................................. $52,597,331 Regular Operating Expenses ................................... $75,351,611 Travel ......................................................... $913,555 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $501,177 Real Estate Rentals ............................................ $1,425,278 Per Diem, Fees and Contracts ................................... $4,220,545 Computer Charges ............................................. $1,654,043 Telecommunications ............................................ $1,241,890 Special Purpose Contracts........................................ $580,732 Purchase of Service Contracts ................................. .$12,913,517 Grant-ln-Aid to Counties ..................................... .$129,671,212 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $115,993 Medical Benefits ............................................... $4,462,872 Total Funds Budgeted ....................................... .$285,684,256 Indirect DOAS Services Funding .................................. $549,718 State Funds Budgeted ....................................... .$154,422,008 Departmental Functional Budgets Total Funds District Health Administration 12,957,348 Newborn Follow-Up Care 1,415,696 Oral Health 1,526,075 Stroke and Heart Attack Prevention 2,302,385 Sickle Cell, Vision and Hearing 4,221,570 High-Risk Pregnant Women and Infants 5,359,085 Sexually Transmitted Diseases 2,246,333 Family Planning 10,898,670 Women, Infants and Children Nutrition 83,023,436 Grant in Aid to Counties 66,525,208 Children's Medical Services 13,332,554 Emergency Health 3,240,976 Primary Health Care 1,782,019 Epidemiology 578,695 Immunization 1,009,244 Community Tuberculosis Control 6,040,468 Family Health Management 925,227 Infant and Child Health 1,189,590 Maternal Health - Perinatal 2,455,855 Chronic Disease 474,068 Diabetes 556,495 Cancer Control 4,851,648 Director's Office 1,253,612 Injury Control 426,906 State Funds 12,827,673 1,200,865 1,203,900 1,189,773 3,822,751 5,212,085 310,879 5,744,320 0 65,486,672 6,556,247 1,892,263 1,683,117 425,913 0 4,643,502 751,792 516,528 1,045,487 474,068 556,495 4,851,648 1,001,257 216,973 THURSDAY, MARCH 6, 1997 815 Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health--Planning Councils Early Intervention Public Health-Division Indirect Cost Total 1,968,815 1,956,452 2,707,960 1,204,242 6,241,647 2,306,429 164,148 9,856,546 8,898,597 3,250,000 5,504,079 174,591 12,857,587 0 285,684,256 1,920,136 1,718,713 2,485,142 692,369 5,971,647 869,431 164,148 5,107,508 0 2,493,380 2,135,951 157,094 10,627,999 (1,535,718) 154,422,008 3. Rehabilitation Services Budget: Personal Services ............................................. $76,346,922 Regular Operating Expenses ................................... $12,437,994 Travel ........................................................ $1,183,228 Motor Vehicle Purchases .......................................... $83,000 Equipment ..................................................... $743,880 Real Estate Rentals ............................................ $4,816,685 Per Diem, Fees and Contracts ................................... $7,743,204 Computer Charges ............................................. $2,457,974 Telecommunications ............................................ $1,697,134 Case Services ................................................ .$27,346,408 E.S.R.P. Case Services ................................................. $0 Special Purpose Contracts........................................ $705,245 Purchase of Services Contracts ................................. $11,934,155 Institutional Repairs and Maintenance ............................ $215,000 Utilities........................................................ $937,269 Postage ........................................................ $811,902 Total Funds Budgeted ....................................... .$149,460,000 Indirect DOAS Services Funding .................................. $100,000 State Funds Budgeted ........................................ .$23,941,510 Departmental Functional Budgets Total Funds Vocational Rehabilitation Services 53,085,521 Independent Living 919,558 Employment Services 516,005 Community Facilities 10,335,560 State Rehabilitation Facilities 5,450,404 Diversified Industries of Georgia 809,166 Program Direction and Support 4,377,562 Grants Management 714,540 Disability Adjudication 35,629,124 Georgia Factory for Blind 12,614,904 State Funds 10,576,505 607,201 516,005 3,780,710 807,636 0 1,348,865 714,540 0 900,703 816 JOURNAL OF THE SENATE Roosevelt Warm Springs Institute Total 25,007,656 149,460,000 4,689,345 23,941,510 4. Family and Children Services Budget: Personal Services ............................................. $47,464,566 Regular Operating Expenses .................................... $4,742,042 Travel ........................................................ $1,167,632 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $400,080 Real Estate Rentals ............................................ $3,519,841 Per Diem, Fees and Contracts .................................. $19,572,831 Computer Charges ............................................ $36,180,458 Telecommunications .......................................... .$10,892,881 Children's Trust Fund .......................................... $2,342,103 Cash Benefits................................................$378,013,987 Special Purpose Contracts....................................... $6,344,858 Service Benefits for Children ................................. .$213,227,671 Purchase of Service Contracts .................................. $16,547,235 Postage ....................................................... $4,425,956 Grants to County DFACS--Operations ........................ .$297,156,396 Total Funds Budgeted ...................................... $1,041,998,537 Indirect DOAS Services Funding ................................. $2,565,582 Departmental Functional Budgets Total Funds Director's Office $ 552,343 Social Services $ 4,361,986 Administrative Support $ 6,264,527 Quality Assurance $ 4,002,531 Community Services $ 11,093,303 Field Management $ 1,108,604 Human Resources Management $ 3,433,097 Public Assistance $ 38,918,690 Employment Services $ 1,502,428 Child Support Recovery $ 66,523,060 AFDC Payments $ 366,174,867 SSI--Supplemental Benefits $ 100 Refugee Programs $ 2,799,420 Energy Benefits $ 9,893,600 County DFACS Opera i--Eligibility $ 113,420,564 County DFACS Opera i--Social Services $ 91,858,619 Food Stamp Issuance $ 3,190,752 County DFACS Opera i--Homemakers Services $ 8,435,211 County DFACS Opera !--Joint and Administration $ 64,162,611 County DFACS Opera i--Employability Program $ 19,279,391 State Funds $ 552,343 $ 3,834,883 $ 5,225,131 $ 4,002,531 $ 480,299 $ 1,108,604 $ 2,541,080 $ 21,238,750 $ 1,502,428 $ 6,436,670 $ 128,154,366 $ 100 $ 0 $ 0 $ 57,132,316 $ 35,606,623 $ 0 $ 2,586,800 $ 32,819,247 $ 8,017,486 THURSDAY, MARCH 6, 1997 817 Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach--Contracts Special Projects Children's Trust Fund Indirect Cost Total $ 28,974,424 $ 3,190,503 $ 29,784,476 $ 9,618,969 $ 5,161,293 $ 12,468,472 $ 11,544,785 $ 118,635,892 $ 0 $ 3,301,916 $ 2,342,103 $ 0 $ 1,041,998,537 $ 13,350,649 $ 2,420,990 $ 16,550,750 $ 6,313,935 $ 4,248,383 $ 9,374,838 $ 7,408,642 $ 38,836,937 $ 0 $ 2,205,709 $ 2,342,103 $ (8,962,515) $ 405,330,078 Budget Unit Object Classes: Personal Services ............................................$229,111,540 Regular Operating Expenses ................................... $94,687,773 Travel ........................................................ $4,596,546 Motor Vehicle Purchases ........................................ $1,730,558 Equipment .................................................... $1,734,890 Real Estate Rentals .......................................... .$14,580,390 Per Diem, Fees and Contracts .................................. $37,506,926 Computer Charges ............................................ $41,574,921 Telecommunications ........................................... $14,558,109 Case Services ................................................. $27,346,408 Children's Trust Fund .......................................... $2,342,103 Cash Benefits................................................$378,013,987 Special Purpose Contracts....................................... $7,914,835 Service Benefits for Children .................................. $260,014,060 Purchase of Service Contracts .................................. $79,302,203 Grant-in-Aid to Counties ..................................... .$129,671,212 Institutional Repairs and Maintenance ............................ $322,940 Utilities........................................................ $937,269 Postage ....................................................... $6,350,495 Payments to DMA-Community Care ............................. $17,942,073 Grants to County DFACS--Operations ........................ .$297,954,286 Medical Benefits ............................................... $4,462,872 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions. .............................................. .$497,194,036 Personal Services ............................................ $343,243,488 Operating Expenses ........................................... $58,254,638 Motor Vehicle Equipment Purchases .............................. $769,533 Utilities..................................................... .$11,531,274 Major Maintenance and Construction............................. $2,127,790 Community Services.......................................... $273,564,129 Total Funds Budgeted ....................................... .$689,490,852 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$497,194,036 818 JOURNAL OF THE SENATE Departmental Functional Budgets Total Funds Southwestern State Hospital $ 39,911,914 Brook Run $ 30,235,826 Georgia Mental Health Institute $ 23,415,883 Georgia Regional Hospital at Augusta $ 21,746,951 Northwest Regional Hospital at Rome $ 27,794,094 Georgia Regional Hospital at Atlanta $ 29,923,674 Central State Hospital $ 126,109,278 Georgia Regional Hospital at Savannah $ 19,880,233 Gracewood State School and Hospital $ 51,859,806 West Central Regional Hospital $ 19,995,464 Outdoor Therapeutic Programs $ 3,995,292 Metro Drug Abuse Centers $ 1,309,656 Community Mental Health Services $ 130,383,731 Community Mental Retardation Services $ 89,969,143 Community Substance Abuse Services $ 56,825,492 State Administration $ 10,798,359 Regional Administration $ 5,336,056 Total $ 689,490,852 State Funds $ 25,348,848 $ 13,397,712 $ 21,498,081 $ 19,860,059 $ 20,921,995 $ 25,368,683 $ 83,170,307 $ 18,198,912 $ 22,536,270 $ 17,209,225 $ 3,086,357 $ 1,162,131 $ 124,367,891 $ 57,513,998 $ 31,927,812 $ 6,930,930 $ 4,694,825 $ 497,194,036 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism ........... $20,836,745 Personal Services .............................................. $9,721,978 Regular Operating Expenses .................................... $1,673,433 Travel ......................................................... $356,318 Motor Vehicle Purchases .......................................... $31,100 Equipment ..................................................... $100,375 Computer Charges .............................................. $142,000 Real Estate Rentals ............................................. $961,025 Telecommunications ............................................. $328,940 Per Diem, Fees and Contracts ................................... $1,110,712 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 ......................................... $21,092,745 State Funds Budgeted ......................................... $20,836,745 Administration Economic Development Trade Tourism Total Departmental Functional Budgets Total Funds $ 9,510,057 $ 4,487,057 $ 1,630,998 $ 5,464,633 $ 21,092,745 State Funds $ 9,510,057 $ 4,387,057 $ 1,630,998 $ 5,308,633 $ 20,836,745 THURSDAY, MARCH 6, 1997 819 Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,149,383 Personal Services ............................................. $13,493,200 Regular Operating Expenses ..................................... $768,314 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 ........................................ .$16,456,038 State Funds Budgeted ......................................... $15,149,383 Departmental Functional Budgets Total Funds Internal Administration $ 4,396,908 Insurance Regulation $ 6,612,720 Industrial Loans Regulation $ 517,571 Fire Safety and Mobile Home Regulations $ 4,928,839 Total $ 16,456,038 State Funds $ 4,396,908 $ 6,612,720 $ 517,571 $ 3,622,184 $ 15,149,383 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 ............................................. $11,874,661 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $179,322 Motor Vehicle Purchases ............................................... $0 820 JOURNAL OF THE SENATE Equipment ...................................................... $31,350 Computer Charges .............................................. $360,793 Real Estate Rentals ............................................. $698,548 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts ..................................... $60,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ......................................... $14,130,547 State Funds Budgeted ......................................... $12,521,718 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................... $1,158,103,344 Personal Services ............................................. $15,540,478 Regular Operating Expenses .................................... $5,994,250 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $39,500 Computer Charges ............................................ $24,169,000 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $475,000 Per Diem, Fees and Contracts .................................. $61,570,859 Medicaid Benefits, Penalties and Disallowances................ $3,243,802,230 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,353,317,597 State Funds Budgeted ...................................... $1,158,103,344 Departmental Functional Budgets Total Funds Commissioner's Office $ 1,622,440 Benefits, Penalties and Disallowances $ 3,243,802,230 Systems Management $ 31,798,882 Indemnity Chronic Care $ 1,455,058 Maternal and Child Health $ 1,304,250 Reimbursement Services $ 9,173,992 Indemnity Acute Care $ 1,734,493 Legal and Regulatory $ 5,434,450 Managed Care $ 4,382,441 General Administration $ 52,609,361 Total $ 3,353,317,597 State Funds $ 811,217 $ 1,133,718,248 $ 10,220,495 $ 639,801 $ 463,423 $ 3,815,280 $ 806,076 $ 2,717,225 $ 1,934,951 $ 2,976,628 $ 1,158,103,344 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 THURSDAY, MARCH 6, 1997 821 Computer Charges ............................................. $3,404,105 Telecommunications ............................................. $450,146 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 ................ .$104,767,909 Personal Services ............................................. $74,752,387 Regular Operating Expenses ................................... $15,218,303 Travel ......................................................... $543,147 Motor Vehicle Purchases ........................................ $2,137,217 Equipment .................................................... $2,455,943 Real Estate Rentals ............................................ $2,317,656 Per Diem, Fees and Contracts ................................... $3,516,651 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 .............................................. $1,408,810 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 .............................................. $895,000 822 JOURNAL OF THE SENATE Technical Assistance Contract .................................... $101,213 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $202,448 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 .................................... $17,900,013 Solid Waste Trust Fund .......................................... $5,396,990 Payments to Georgia Agricultural Exposition Authority. ..............$2,324,684 Payments to Mclntosh County ...................................... $100,000 Georgia Boxing Commission .......................................... $6,650 Total Funds Budgeted ......................................... .$146,040,148 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 ......................................... .$104,767,909 Departmental Functional Budgets Total Funds Commissioner's Office 5,993,660 Program Support 2,784,017 Historic Preservation 2,256,346 Parks, Recreation and Historic Sites 43,147,084 Coastal Resources 2,545,543 Wildlife Resources 34,562,446 Environmental Protection 53,646,814 Pollution Prevention Program 1,104,238 Total $ 146,040,148 State Funds 5,978,660 2,784,017 1,766,346 17,194,167 2,420,825 29,658,025 43,861,631 1,104,238 104,767,909 B. Budget Unit: Georgia Agricultural Exposition Authority .................... $0 Personal Services .............................................. $2,614,812 Regular Operating Expenses .................................... $1,958,978 Travel .......................................................... $24,959 Motor Vehicle Purchases .......................................... $30,000 Equipment ...................................................... $85,000 Computer Charges ............................................... $15,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $50,000 Per Diem, Fees and Contracts .................................... $695,000 Capital Outlay ........................................................ $0 Total Funds Budgeted .......................................... $5,473,749 State Funds Budgeted ................................................. $0 Departmental Functional Budgets Total Funds Georgia Agricultural Exposition Authority $ 5,473,749 State Funds $ 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety....................... .$101,208,644 1. Operations Budget: Personal Services ............................................ .$61,349,647 Regular Operating Expenses .................................... $7,608,813 THURSDAY, MARCH 6, 1997 823 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $3,907,500 Equipment ..................................................... $542,054 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 .................................................... $0 Total Funds Budgeted ......................................... $80,352,582 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ........................................ .$78,702,582 2. Driver Services Budget: Personal Services ............................................ .$18,162,449 Regular Operating Expenses .................................... $1,232,457 Travel .......................................................... $57,181 Motor Vehicle Purchases ............................................... $0 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 .............................................. $303,651 State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ......................................... $22,506,062 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ........................................ .$22,506,062 Administration Driver Services Field Operations Total Departmental Functional Budgets Total Funds $ 22,495,587 $ 22,506,062 $ 57,856,995 $ 102,858,644 State Funds $ 20,995,587 $ 22,506,062 $ 57,706,995 $ 101,208,644 B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,435,708 Attached Units Budget: Personal Services .............................................. $7,952,159 Regular Operating Expenses .................................... $2,550,274 Travel ......................................................... $103,800 Motor Vehicle Purchases .......................................... $29,443 Equipment ..................................................... $204,322 Computer Charges .............................................. $163,762 Real Estate Rentals ............................................. $154,497 Telecommunications ............................................. $175,746 Per Diem, Fees and Contracts .................................... $578,362 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants .................................. $3,972,660 Capital Outlay........................................................ $0 Total Funds Budgeted ........................................ .$18,310,225 State Funds Budgeted ....................................... . .$14,435,708 824 JOURNAL OF THE SENATE Departmental Functional Budgets Total Funds Office of Highway Safety $ 3,054,814 Georgia Peace Officers Standards and Training $ 1,444,682 Police Academy $ 1,166,853 Fire Academy $ 1,188,742 Georgia Fireflghters Standards and Training Council $ 470,003 Georgia Public Safety Training Facility $ 10,985,131 Total $ 18,310,225 State Funds $ 330,297 $ 1,444,682 $ 1,076,853 $ 1,078,742 $ 470,003 $ 10,035,131 $ 14,435,708 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............................ $8,247,316 Personal Services ............................................... $7,101,209 Regular Operating Expenses ..................................... $607,205 Travel ......................................................... $255,530 Motor Vehicle Purchases .......................................... $18,000 Equipment ...................................................... $40,270 Computer Charges .............................................. $503,424 Real Estate Rentals ............................................. $324,420 Telecommunications ............................................. $153,298 Per Diem, Fees and Contracts ................................... $1,322,663 Total Funds Budgeted ......................................... $10,296,019 State Funds Budgeted .......................................... $8,247,316 Administration Transportation Utilities Total Departmental Functional Budgets Total Funds $ 1,972,568 $ 3,446,979 $ 4,876,472 $ 10,296,019 State Funds $ 1,972,568 $ 1,606,480 $ 4,668,268 $ 8,247,316 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................. $1,162,414,280 Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,240,822,469 Sponsored Operations ....................................... .$204,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs ................................... $295,640,982 Sponsored Operations ........................................ $146,000,000 Special Funding Initiative..................................... .$20,352,506 Office of Minority Business Enterprise ............................ $1,276,046 Student Education Enrichment Program ........................... $359,714 Forestry Research ............................................... $388,344 Research Consortium ........................................... $6,645,000 Capital Outlay........................................................ $0 THURSDAY, MARCH 6, 1997 825 Total Funds Budgeted ...................................... $1,915,485,061 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 ...................................... $1,162,414,280 B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$175,926,490 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$274,269,977 Sponsored Operations ......................................... $69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$127,294,177 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.................................................. $250,000 Center for Rehabilitation Technology ............................. $2,505,183 SREB Payments ............................................... $5,198,650 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 ................. .$14,826,489 Total Funds Budgeted ....................................... .$559,774,600 Departmental Income.................................................. $0 Sponsored Income ............................................ $109,767,000 Other Funds.................................................$273,525,410 Indirect DOAS Services Funding .................................. $555,700 State Funds Budgeted ....................................... .$175,926,490 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 $ 59,040,970 $ 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 $ 24,186,026 $ State Funds 1,359,434 1,519,510 976,989 13,348,554 2,617,757 38,452,317 31,398,407 32,956,551 2,887,931 527,752 24,186,026 826 JOURNAL OF THE SENATE Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total 3,044,746 3,128,504 25,668,573 559,774,600 0 128,504 25,566,758 175,926,490 C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $9,384,773 Operating Expenses ........................................... $14,825,274 Total Funds Budgeted ......................................... $24,210,047 Other Funds.................................................. $24,210,047 State Funds Budgeted ................................................. $0 D. Budget Unit: Lottery for Education ............................... $78,504,000 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...................................... $48,254,000 Special Funding Initiatives ..................................... $10,100,000 Mercer University Grant--Equipment ............................. $250,000 Total Funds Budgeted ......................................... $78,504,000 Lottery Funds Budgeted ....................................... $78,504,000 Section 28. Department of Revenue. Budget Unit: Department of Revenue. ........................... .$106,298,485 Personal Services .............................................$58,941,444 Regular Operating Expenses .................................... $5,217,457 Travel ........................................................$1,366,540 Motor Vehicle Purchases ......................................... $251,386 Equipment ..................................................... $421,189 Computer Charges ............................................ $14,270,790 Real Estate Rentals ............................................ $2,855,447 Telecommunications ............................................ $2,867,510 Per Diem, Fees and Contracts ................................... $1,288,300 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 Investment for Modernization .................................. $14,454,832 Total Funds Budgeted ....................................... .$111,483,850 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ........................................ $106,298,485 Departmental Functional Budgets Total Funds Departmental Administration $ 6,986,179 Internal Administration $ 11,260,392 Electronic Data Processing $ 26,743,346 Field Services $ 16,294,072 Income Tax Unit $ 8,027,629 Motor Vehicle Unit $ 18,562,372 Central Audit Unit $ 7,959,879 Property Tax Unit $ 4,705,324 Sales Tax Unit $ 3,910,990 State Funds $ 6,986,179 $ 11,110,392 $ 25,728,146 $ 16,154,072 $ 7,727,629 $ 17,262,372 $ 7,959,879 $ 3,164,959 $ 3,810,990 THURSDAY, MARCH 6, 1997 827 State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total $ 43,700 $ 4,481,118 $ 2,508,849 $ 111,483,850 $ 43,700 $ 3,841,318 $ 2,508,849 $ 106,298,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State ................................ $28,690,910 Personal Services ............................................. $17,914,428 Regular Operating Expenses .................................... $3,491,536 Travel ......................................................... $244,500 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 ................................... $1,425,856 Election Expenses ............................................... $485,000 Total Funds Budgeted ......................................... $29,790,775 State Funds Budgeted ......................................... $28,690,910 Departmental Functional Budgets Total Funds Internal Administration $ 3,867,144 Archives and Records $ 4,868,551 Business Services and Regulation $ 4,518,188 Elections and Campaign Disclosure $ 4,371,524 Drugs and Narcotics $ 1,159,699 State Ethics Commission $ 437,541 State Examining Boards $ 10,446,875 Holocaust Commission $ 121,253 Total $ 29,790,775 State Funds $ 3,837,144 $ 4,793,551 $ 3,748,188 $ 4,351,524 $ 1,159,699 $ 382,676 $ 10,296,875 $ 121,253 $ 28,690,910 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. ..............$2,122,473 828 JOURNAL OF THE SENATE Personal Services .............................................. $1,150,400 Regular Operating Expenses ..................................... $209,454 Travel .......................................................... $43,268 Motor Vehicle Purchases .......................................... $25,322 Equipment ...................................................... $10,970 Computer Charges ............................................... $12,045 Real Estate Rentals .............................................. $91,563 Telecommunications .............................................. $20,773 Per Diem, Fees and Contracts .................................... $797,015 County Conservation Grants ..................................... $297,000 Total Funds Budgeted .......................................... $2,657,810 State Funds Budgeted .......................................... $2,122,473 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission ........................ $32,732,855 Personal Services ............................................... $425,609 Regular Operating Expenses ...................................... $15,000 Travel .......................................................... $16,000 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $2,500 Computer Charges ............................................... $13,822 Real Estate Rentals .............................................. $45,600 Telecommunications .............................................. $12,000 Per Diem, Fees and Contracts ..................................... $25,000 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $3,292,641 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 ........................................ .$32,732,855 State Funds Budgeted ......................................... $32,732,855 Departmental Functional Budgets Total Funds Georgia Student Finance Authority $ 32,177,324 Georgia Nonpublic Postsecondary Education Commission $ 555,531 Total $ 32,732,855 State Funds $ 32,177,324 $ 555,531 $ 32,732,855 B. Budget Unit: Lottery for Education ............................. .$161,118,161 Hope Financial Aid--Tuition ................................... $75,213,784 Hope Financial Aid--Books ................................... .$21,277,807 Hope Financial Aid--Fees...................................... $14,498,583 Tuition Equalization Grants .................................... $37,325,387 Georgia Military College Scholarship .............................. $567,000 LEPD Scholarship............................................... $235,600 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $2,000,000 Total Funds Budgeted ....................................... .$161,118,161 Lottery Funds Budgeted ..................................... .$161,118,161 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,130,000 THURSDAY, MARCH 6, 1997 829 Personal Services .............................................. $4,895,407 Regular Operating Expenses ..................................... $423,900 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $16,150 Computer Charges .............................................. $877,791 Real Estate Rentals ............................................. $475,958 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 ........................................ .$11,356,706 State Funds Budgeted .......................................... $4,130,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ........ $204,748,573 Personal Services .............................................. $5,454,771 Regular Operating Expenses ..................................... $615,390 Travel ......................................................... $162,380 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $188,350 Real Estate Rentals ............................................. $626,498 Per Diem, Fees and Contracts .................................... $776,588 Computer Charges .............................................. $909,404 Telecommunications ............................................. $126,005 Salaries and Travel of Public Librarians ......................... $13,646,649 Public Library Materials ........................................ $5,828,704 Talking Book Centers............................................ $974,478 Public Library Maintenance and Operation........................ $4,998,958 Capital Outlay.................................................. $556,000 Personal Services-Institutions ................................. $139,975,275 Operating Expenses-Institutions ................................ $39,545,121 Area School Program .......................................... $19,950,378 Adult Literacy Grants ......................................... $18,490,140 Regents Program.............................................. $3,390, 682 Quick Start Program ........................................... $9,510,510 Total Funds Budgeted ........................................ $265,726,281 State Funds Budgeted ....................................... .$204,748,573 Administration Institutional Programs Total Departmental Functional Budgets Total Funds $ 8,859,386 $ 256,866,895 $ 265,726,281 State Funds $ 5,760,736 $ 198,987,837 $ 204,748,573 B. Budget Unit: Lottery for Education ............................... $91,965,507 Computer Laboratories and Satellite Dishes-Adult Literacy ....... .$1,000,000 Capital Outlay--Technical Institute Satellite Facilities ........... .$46,311,349 Equipment-Technical Institutes ................................. $38,859,158 Repairs and Renovations--Technical Institutes .................... $5,295,000 Assistive Technology Grants ...................................... $500,000 Total Funds Budgeted ......................................... $91,965,507 Lottery Funds Budgeted ....................................... $91,965,507 Section 34. Department of Transportation. Budget Unit: Department of Transportation ...................... .$542,478,959 830 JOURNAL OF THE SENATE Personal Services ........................................... .$253,505,942 Regular Operating Expenses ................................... $56,920,469 Travel ........................................................ $1,970,840 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $6,677,626 Computer Charges ............................................. $3,929,287 Real Estate Rentals ............................................ $1,337,073 Telecommunications ............................................ $2,743,320 Per Diem, Fees and Contracts .................................. $41,559,264 Capital Outlay.............................................. .$780,007,661 Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100 Capital Outlay--Airport Development ............................ $1,267,500 Mass Transit Grants ........................................... $9,933,053 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $700,000 Contracts with the Georgia Rail Passenger Authority................ $350,000 Total Funds Budgeted ...................................... $1,163,926,135 State Funds Budgeted ........................................ $542,478,959 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds Planning and Construction $ 864,535,711 Maintenance and Betterments $ 241,935,601 Facilities and Equipment $ 14,076,201 Administration $ 24,775,579 Total $ 1,145,323,092 General Funds Budget Planning and Construction $ 1,281,803 Air Transportation $ 2,202,103 Inter-Modal Transfer Facilities $ 14,419,137 Harbor/Intra-Coastal Waterways Activities $ 700,000 Total $ 18,603,043 State Funds $ 265,475,477 $ 230,011,616 $ 13,516,201 $ 24,150,579 $ 533,153,873 $ 1,281,803 $ 1,815,103 $ 5,528,180 $ 700,000 $ 9,325,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service ...................... $20,268,189 Personal Services .............................................. $5,095,669 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.................................. .$14,179,413 Operating Expense/Payments to Medical College of Georgia ........ $7,595,980 Regular Operating Expenses for Projects and Insurance ............. $773,180 Total Funds Budgeted ......................................... $28,308,789 State Funds Budgeted ......................................... $20,268,189 THURSDAY, MARCH 6, 1997 831 Departmental Functional Budgets Total Funds Veterans Assistance $ 20,309,962 Veterans Nursing Home-Augusta $ 7,998,827 Total $ 28,308,789 State Funds $ 14,713,516 $ 5,554,673 $ 20,268,189 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)................................. .$539,713,451 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $574,713,451 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) .................................... $46,752,340 Motor Fuel Tax Funds (New) ........................................... $0 $46,752,340 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 832 JOURNAL OF THE SENATE 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. Section 40. Provisions Relative to Section 8, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Au thority for loans shall be available for nominal or no interest loans to counties, municipali ties, 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", specific, 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 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 Worth County Candler County City of Centerville Purpose Recreational Equipment in Clayton County Operation of "Hot Zone Policing" Expenses Related to Capital Murder Trials Construction of Sports Facilities Preservation of Hardy Pace House Operating Funds for the Safe Campus Now Program Roof Repairs at the Bibb County Community Action Agency Equip/Operate Haralson County Recreational Facilities Renovate and Equip the Jerico Road Project in Atlanta Land Purchase at Historical Ezekiel Harris House Renovate and Equip the Historic Courthouse Extension of Water Lines Operation of 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 Renovation and Repairs to Facilities Construction of a Softball Complex Expansion of Visitors Center Construction of Fire Station Amount $25,000 $10,000 $25,000 $25,000 $20,000 $40,000 $5,000 $15,000 $30,000 $50,000 $25,000 $12,500 $15,000 $50,000 $15,000 $50,000 $10,000 $25,000 $20,000 $25,000 $35,000 $25,000 $10,000 $50,000 THURSDAY, MARCH 6, 1997 833 Charlton County Chatham County Clinch County Board of Education Clayton County City of Cochran Gwinnett County Board of Education City of Columbus City of Columbus City of Commerce Crawford County Board of Education City of Columbus City of Columbus Crawford County Crisp County Board of Education Crisp County Board of Education DeKalb County City of Fort Oglethorpe City of Franklin Springs Franklin County Fulton County Board of Education Fulton County City of Garden City City of Girard City of Sardis City of Grayson Greene County Henry County Board of Education Houston County Purchase Fire and Rescue Equipment and Paint Rescue Truck Replant Trees Between Bryanwood and Talahi Island on Route 80 Improvements and Equipment for Multi-Purpose Building Clayton County Board of Education Prevention Plus Program Improvements to the Fire Station Lights and Handicapped Access for the Collins Hill High School Athletic Fields Purchase Equipment and Operate the Liberty Theatre Cultural Center Renovations to the Springer Opera House Renovations to the Civic Center Heating and Plumbing System Repairs for Education Gymnasium Operation of the Columbus Tourism Network Operation of the Play and Learn Together Program Improvements at the Crawford County Industrial Authority Park Equipment for Crisp County Board of Education Middle School Laboratory Lighting for Crisp County High School Softball Field Training at DeKalb United Child Care Association Construction of a Historical Museum Renovations to Wastewater Treatment Facility Design Franklin County/Hart County Airport Classrooms for Fulton County Board of Education Operation of Center for Renewal of Democracy Improvements to Gymnasium and Stadium Renovations to Gymnasium Improvements to City of Sardis 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 $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 $25,000 $40,000 $12,500 $175,000 834 JOURNAL OF THE SENATE 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 Meriwether County Meriwether County City of Monroe Muscogee County Muscogee County Muscogee County Athletic Field Fencing for Houston County High School Erection of Monument Renovation of Elementary School Restroom and Rose Bowl Field Administration Cost and Legal Fees for Jeff Davis Hospital Authority Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium 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 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 $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 $10,000 $10,000 $15,000 $20,000 $20,000 $10,000 THURSDAY, MARCH 6, 1997 835 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 Gwinnett County Board of Education Cobb County Board of Education Gwinnett County Board of Education City of Swainsboro Talbot County Board of Education Telfair County Telfair County Towns County Twiggs County Board of Education Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home Renovations to Oconee Regional Library Facility Purchase Fire Equipment To Repair Facilities Extension of Water Line to New Oglethorpe County Elementary School Planning and Restoration of Old Governor's Mansion For Operations of the Peach County Chamber of Commerce Provide External Security Lighting for Pebblebrook High School Operating Expenses for BRIDGE Program Perry-Houston County Airport Authority Terminal and Hangar Improvements Purchase Fire and Rescue Equipment Establish a Recreation Facility Repairs and Renovations to Putnam County Recreation Department Gymnasium Renovations of Rabun County Gymnasium Repairs to Sewer System Construction of Community Center Purchase 36-passenger Bus for Senior Connections Construct Athletic Stadium at Shiloh High School in Gwinnett County Repairs, Construction and Equipment for South Cobb High School Recreation Equipment for Suwanee Elementary and Lanier Middle Schools Construction and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority Construct Central High School Greenhouse in Talbot County Production Costs for a Historical Drama Operating Expenses for Sheriffs Office Production Costs for Reach of Song Drama Lights and Bleachers for Twiggs County High School Football Field $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 $25,000 $35,000 $30,000 $40,000 $45,000 $5,000 $18,000 $20,000 $50,000 836 JOURNAL OF THE SENATE City of Tybee Island Valdosta City Schools City ofVidalia Ware County Board of Education Ware County Wayne County Wayne County City of Waynesboro Webster County City of Willacoochee City of Fitzgerald Clayton County City of Bowersville Gwinnett County Board of Education City of East Dublin City of Eastman Echols County Board of Education Emanuel County Fannin County City of Pelham City of Atlanta City of Tallapoosa City of Bremen City of Cave Spring Fulton County Bade County Fulton County Twiggs County Board of Education Painting of Historic Tybee Lighthouse Repairs to Valdosta City School System Facilities Improvements to Flossie Hayes Park and Trippe Gymnasium Equipment Purchases for Ware County School System Promotion Expenses for WaycrossWare County Chamber Tourist Division Equipment and Renovations to River Park Repairs and Construction to Recreation Facility Acquiring and Renovating Human Development Centers Heating and Cooling Equipment for Webster County Agriculture Education Center Construction of a New City Hall Construction at Airport Shrubbery, Trees and Concrete Pipes and Containers Equipment for Repairs to Water System Improvement to Duluth High School Baseball Field Improve City of East Dublin Water System Construct and Equip Multi-purpose recreation Complex 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 Landscaping along Fulton Industrial Boulevard at Interstate 20 Lights and Bleachers for Twiggs County High School Football Field $15,000 $15,000 $45,000 $6,000 $5,000 $5,000 $10,000 $15,000 $25,000 $30,000 $50,000 $15,000 $10,000 $30,000 $50,000 $25,000 $6,000 $17,500 $30,000 $35,000 $250,000 $15,000 $15,000 $40,000 $48,000 $20,000 $50,000 $50,000 THURSDAY, MARCH 6, 1997 837 Gwinnett County Hall County Richmond County Richmond County Cobb County City of Rockmart City of Aragon City of Cedartown Coweta County Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County Chatham County Mclntosh County Board of Education Long County City of Greenville Hart County City of Cave Springs Lumpkin County 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 YWCA Battered Women's Shelter Renovation of Rockmart Recreation Complex Equipment/Operations of Recreational Facilities Equipment/Operations of Recreational Facilities Construction of Youth Athletic Complex Construction of Recreation Field House Equipment for Volunteer Fire Department Renovation of Gunter Hall in Social Circle Repairs to Pine Lake Dike Operation of the Soapstone Arts Center Operate the South DeKalb Business Incubator Lighting for East Lake Neighbors For Technology Equipment at the Screvens County School System Recreational Equipment for the Jenkins County School System Fire Equipment for the City of Plains To Purchase Welcome Signs for Peach County Paving for Blanks Civic Complex Restoration and Renovation of Building for Con-Ed., Inc. Operation of Chatham County Rape Crisis Center Renovation/Construction of the Savannah Lucas Theatre Purchase Bleachers for Mclntosh County School System Purchase of Land for Long County Park Construction of Greenville Railroad Depot Operation of Hart County Parks Operation of Crossroads Program for Georgia School for the Deaf Construction Veterans Park and Monument $50,000 $5,000 $20,000 $10,000 $20,000 $50,000 $10,000 $15,000 $35,000 $35,000 $10,000 $15,000 $20,000 $20,000 $20,000 $20,000 $25,000 $7,000 $10,000 $8,145 $50,000 $10,000 $10,000 $35,000 $35,000 $25,000 $50,000 $25,000 $50,000 $15,000 838 JOURNAL OF THE SENATE Lumpkin County Board of Education Bleckley County City of Pelham City of Ellijay Fannin County City of Douglas Coffee County City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County DeKalb County Lowndes County Board of Education City of Valdosta 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 Equipment Purchases for Lumpkin County High School Construction/Renovation of Courthouse For Lighting at the Pelham Livestock Complex Renovation/Construction for Vocational Transitions, Inc. Purchase Rescue Equipment To Construct Softball/Soccer Complex For Computer Programming at the Coffee County Health Department Litter Abatement Improvements to Rex Athletic Field Establish a Recreation Facility in Pulaski County Improvements to Riverdale Recreational Facilities Improvements to Morrow Recreational Facilities Park Improvements in Forest Park Operation of Violence Prevention Program Operation of 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 Repairs to City Hall and City Van To Provide for Project SHARE For Operation of Georgia Mountain Health Services Construction of FFA Livestock Show Barn Construction of Greenhouse for Seminole High School Equipment/Operation of Fernbank Museum Historical Museum Restorations Operation of Juvenile Court Truancy Program Law Enforcement Radio Equipment Operation of Comunity-Based Organizations $15,000 $50,000 $15,000 $15,000 $15,000 $75,000 $75,000 $50,000 $15,000 $50,000 $15,000 $15,000 $15,000 $25,000 $25,000 $25,000 $30,000 $25,000 $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 THURSDAY, MARCH 6, 1997 839 Chatham County Chatham County Bibb County Houston County Development Authority Newton County City of Vidalia City of Lyons Wheeler County Fulton County Board of Education City of Adel City of Nashville Cook County Putnam County Greene County City of Eatonton City of Cochran City ofDuluth City of Duluth City of Eastman Augusta-Richmond County City of Kingston Ware County Board of Education Ware County Board of Education City of Waycross City of Port Wentworth Fulton County City of Hawkinsville Dooly County City ofValdosta Stewart County Quitman County City of Cuthbert Development of Ralph Mark Gilbert Museum Operation of Savannah Tourism Network Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia Construction of Warner Robins Engineering Facility Purchase of Land for Economic Development and Site Preparation Renovations to Recreation Facilities Renovations to Recreation Facilities Renovations to Recreation Facilities Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary Roof Repairs to City Hall Replacement Lights for Berrien County Courthouse Grounds Construction of EMS Building Purchase Bleachers for Putnam County Recreation Authority Fencing for Greene County Regional Airport Renovations and Repairs to Recreation Complex Heating and Air Conditioning System for City Auditorium Construction of Ball Fields Construction of Pavilion Improvements/Equipment for Eastman-Dodge Recreation Facilities Operation of the Augusta Area Genealogical Society Equip and Renovate Recreation Facility Equipment for Baseball Field and Tennis Courts Improvements to Athletic Grounds at Manor Magnet School Area Tourism Promotion in Waycross and Ware and Pierce Counties Relocation of Ball Park Renovations to Williams-Payne House Repairs to Library Purchase Land for Government Complex Expansions to Food Bank Purchase Transport Bus for StewartWebster Rural Health Service Repairs to Old Courthouse Renovations to Library $20,000 $10,000 $2,000,000 $3,000,000 $7,100,000 $20,000 $20,000 $20,000 $15,000 $15,000 $20,000 $35,000 $15,000 $15,000 $15,000 $29,000 $20,000 $20,000 $15,000 $35,000 $25,000 $30,000 $10,000 $7,000 $25,000 $15,000 $15,000 $50,000 $40,000 $25,000 $20,000 $10,000 840 JOURNAL OF THE SENATE City of Dawson Terrell County Columbia County Board of Education Columbia County Board of Commissioners City of Sycamore City of Warwick City of Leesburg Wilcox County Warren County Macon County Stephens County Stephens County Board of Education Jasper County Board of Education Jones County City of Grayson Screven County City of Sandersville Lincoln County Wilkes County Elbert County Board of Education Wayne County Long County Chatham County Baldwin County Baldwin County Baldwin County Truetlen County Board of Education City of Kite Emanuel County Chatham County City of Savannah City of Summerville Expansion and Improvements to Airport Facilities Planning and Design for Renovation of Courthouse Renovations to Football Stadium at Lakeside High School Construction of Fields for the Martinez-Evans Little League Improvements to Water System Purchase Vehicle for Police Department Repair and Replace Sidewalks Relocation of School Bus Shop Equipment for DFACS Facility Construction of a Parking and Reading Park at the Macon County Library Study Commission for a Consolidation Feasibility Study Provide Health Services for the Stephens County School System Renovations to Washington Park Elementary School Repairs to Fire Station and Fire Truck Operation of Outdoor Facilities at the Senior Citizens Center Equipment for Community Services and Senior Citizens Center Repairs to the National Guard Armory Equipment for the Historical Society Renovations to Wilkes County Airport Renovations and Equipment for Falling Creek Elementary Courthouse Repairs Courthouse Repairs Firing Range for the Criminal Justice Center at Armstrong Atlantic State University Operation of Council on Substance Abuse Operation of 2000 + Museum Downtown Developments Improvements to High School Athletic Complex Improvements to Recreation Complex Construction of Alternative Farmers Market Center Renovations to Coastal Heritage Society/Historic Railroad Shops Construction of Alternate Emergency Access Route Repairs to Sewage System $25,000 $50,000 $20,000 $20,000 $20,000 $15,000 $12,000 $50,000 $25,000 $50,000 $15,000 $25,000 $40,000 $25,000 $62,000 $41,000 $50,000 $15,000 $25,000 $5,000 $30,000 $20,000 $40,000 $20,000 $10,000 $10,000 $20,000 $5,000 $25,000 $25,000 $25,000 $50,000 THURSDAY, MARCH 6, 1997 841 Seminole County Board of Education Miller County Bibb County Bibb County City of Byron Crawford County Board of Education Dougherty County Gainesville Board of Education City of Doerun City of Sale City City of Funston Lanier County Board of Education Lowndes County City of Americus City of Chickamauga Walker County Catoosa County City of Fort Oglethorpe Morgan County City of Atlanta Thomas County City of Woodbury Richmond County Board of Education Bibb County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Construction of Pavilion and Bleachers at Seminole County High School Purchase Fire Truck Operation of Harriett Tubman Museum Operation/Renovation of the Macon Little League Construction of Water Tank and Improvements to Industrial Park for the Byron Development Authority Improvements to Football Fields and Gymnasium Roof Repairs to Patrol Post Renovations to Gainesville High School Baseball Field Improvements to Walking Track, Tennis Courts and Field Complex Renovations to Community Center Purchase Fire Truck Construct and Equip Football Facility Purchase Land for Moody Air Force Base Construction of Firefighters Training Site Renovations to the Recreation Department Walking Track and Softball Facilities Renovations of Walker, Catoosa, Chatooga and Bade Family Violence Center Battered Women's Shelter Construct and Renovate Athletic Fields for Rock Spring Athletic Association Renovations to Downtown Projects Operation of the Northeast Georgia Wellness Program Operation of Juvenile Delinquency Prevention Operation of Murphy-Harps-Vashti Children's Home Purchase Land for Industrial Park Improvements to Equipment Room and Field House at Westside High School Preservation of the Hay House Operation of the Springer Opera House Operation of Two Thousand Opportunities Inc. Operation and Renovation of Liberty Theater $10,000 $15,000 $50,000 $15,000 $50,000 $25,000 $46,000 $15,000 $12,500 $12,500 $20,000 $50,000 $75,000 $20,000 $10,000 $10,000 $10,000 $15,000 $20,000 $50,000 $40,000 $50,000 $10,000 $50,000 $50,000 $50,000 $50,000 842 JOURNAL OF THE SENATE Columbus/Muscogee County Columbus/Muscogee County Talbot County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Fulton County City of Cave Springs Bibb County City of Midway Clayton County City of Forest Park City of Morrow City of Perry City of Warner Robins Fulton County Fulton County Gwinnett County Board of Education Clayton County Telfair County Board of Education City of Bowersville City of Hartwell City of Canon City of Thunderbolt Chatham County Chatham County Rabun County Towns County Burke County Operation of the After School Program Operate and Equip the Columbus Community Center Operation of Project STARS Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus Operation of the Play and Learn Together Program Construct a Youth and Recreational Facility Operations of Opportunities Industrialization Centers Renovations to Facilities For Detoxification Center Operations Restoration of Buildings and Grounds at Dorchester Center Operation of Calvary Refuge Transitional Shelter Improvements to Parks and Recreational Facilities Operation of DARE and Neighborhood Watch Hangar Improvements for PerryHouston County Airport Construction of Warner Robins American Little League Playing Fields Operation/Equipment for the Cascade Youth Association Repairs and Renovations for the Southwest District YMCA Renovations to North Gwinnett Football and Softball Field Biking and Hiking Trail Improvements at Jester's Creek Trail Purchase Band Uniforms Purchase Equipment for City Water Project Renovation of Law Enforcement Services Building Renovation and Equipment for the Community Center Building and City Park Improvements to W.E. Honey Memorial Park Operation of the Martin DePorres Society Design of Runaway Point Neighborhood Park Purchase Land for Rabun County Purchase Fire Truck and Equipment Implementation of Phase II of the CSRA Enterprise Communities $25,000 $25,000 $25,000 $25,000 $15,000 $15,000 $75,000 $50,000 $50,000 $25,000 $25,000 $25,000 $25,000 $60,000 $15,000 $25,000 $75,000 $50,000 $50,000 $25,000 $10,000 $30,000 $10,000 $25,000 $10,000 $15,000 $45,000 $30,000 $10,000 THURSDAY, MARCH 6, 1997 843 City of Girard City of Midville City of Keysville Jeff Davis County City of Scotland Jeff Davis Board of Education Wayne County City of Hazelhurst Appling County Oconee Regional Library City of East Dublin Bibb County Bibb County Board of Education Lamar County Bacon County City of Alma Brantley County Pierce County Charlton County Bacon County City of Carrollton City of Brunswick Mclntosh County City of Atlanta Columbus/Muscogee County Haralson County Polk County Paulding County Berrien County Gwinnett County Board of Education Charlton County Board of Education and for Operation of an At-risk Middle School Renovations to Gym Area Implementation of Phase II of the CSRA Enterprise Community Plan Implementation of Phase II of the CSRA Enterprise Community Plan Fire Protection Assistance City Improvements Purchase Band Uniforms Expansion of Fire Station Historic Preservation Assistance Historic Preservation Assistance Renovations to Library Expansion to Water and Sewage System Improvements to the Museum of Arts and Sciences Implementation of the "Core Knowledge" Program in the Bibb County School System Construction of Livestock Facility Building Operation of the Alma/Bacon County Department of Inter-Governmental Relations Equipment and City Hall Renovations Equipment for the Brantley County Volunteer Fire Department Equipment for the Pierce County Volunteer Fire Department Equipment for the Charlton County Volunteer Fire Department Equipment for the Bacon County Volunteer Fire Department Expansion of the East Carroll Park Recreation Area Equipment for Dixville Playground Swimming Pool and Bathhouse for the Mclntosh County Recreation Department Operation of Recreation Program Operation of the Easter Seal Program Operating Expenses for Recreation Department Operating Expenses for Recreation Department Operating Expenses for Recreation Department Addition to Agriculture Building for Livestock Show Improvement to Brookwood High School Athletic Facilities Lighting for Baseball Field $15,000 $10,000 $15,000 $25,000 $10,000 $5,000 $5,000 $25,000 $5,000 $35,000 $25,000 $30,000 $20,000 $75,000 $45,000 $10,000 $10,000 $4,000 $2,000 $4,000 $50,000 $20,000 $30,000 $50,000 $25,000 $45,000 $15,000 $15,000 $5,000 $40,000 $16,951 844 JOURNAL OF THE SENATE Echols County Board of Education Charlton County Board of Commissioners Lanier County Board of Education City of Lakeland Hall County Brantley County Board of Commissioners City of Jesup City of Offerman Bibb County City of Macon Columbia County Board of Education Oglethorpe County Board of Education City of Lilburn Hall County City of Wrens Jefferson County Bade County Jefferson County City of Louisville City of Wrens Cobb County Rockdale County Henry County City of Euharlee City of Cartersville City of Cedartown City of Rockmart Liberty County Paulding County City of Pembroke Long County Repairs for Echols County High School Gymnasium Paving for Health Clinic Purchase Metal Detector for Lanier County High School Purchase Toximeter for Police Department Watershed Assessment for Embayments of Lake Lanier Recreational Equipment for Community Center Repairs to Railroad Crossing Equipment for City Hall Equipment and Supplies for Animal Control Operations of Douglass Theater Fencing for Greenbriar High School Curbing and Gutters for Oglethorpe County Elementary School Restroom Facilities for City Park Planning for Regional Welcome Center Replace Roof at City Hall Roof Repairs at Historical Society and Museum Surveillance Equipment for Sheriffs Department Purchase Vehicle for the Sheriffs Department Purchase Vehicle for the Police Department Purchase Vehicle for the Police Department Renovate and Upgrade North Cobb Service Center Purchase Water Rescue/Diving Equipment for the Fire Department Purchase Cascade System for Fire Department Renovate and Equip Recreational Facilities Operation of Arts and Recreation Equipment for Senior Citizens Center Purchase Equipment for Community Center Operation of Dorchester Academy Equipment for Senior Citizens Center Construction of Recreational Facilities Purchase Vehicle for the Sheriffs Department $22,325 $4,460 $2,400 $5,500 $25,000 $15,000 $20,000 $10,000 $10,000 $15,000 $15,000 $10,000 $15,000 $20,000 $20,000 $15,000 $25,000 $15,000 $15,000 $15,000 $25,000 $30,000 $20,000 $20,000 $20,000 $10,000 $15,000 $25,000 $10,000 $20,000 $12,000 THURSDAY, MARCH 6, 1997 845 Taliaferro County City of Milledgeville City of Columbus City of Columbus City of Stone Mountain Bryan County Liberty County DeKalb County DeKalb County Jenkins County City of Collins City of Thunderbolt City of Glennville City of Brooklet City of Ideal City of Americus Peach County Liberty County Harris County Board of Education City of Williamson Pike County City of Greenville City of Warm Springs Elbert County City of Jerfferson Floyd County Board of Education City of Rome School System Rabun County City of Decatur DeKalb County City of Chamblee City of Doraville City of Whigham Colquitt County City of Blakley Fannin County Fannin County Purchase Vehicle for the Sheriffs Department Operation of the Rape Crisis Center Operation of the Rediscovery Program Operation of Southwest Columbus Against Drugs Drainage Improvements Operation of Richmond Recreation Park Operation of Midway Museum Art Station Operations Operate/Equip of Scottdale Community Youth Athletic Association Repairs for the Little League and High School Sports Fields Water Treatment Repairs Park Renovations Improvements to Recreational Areas Renovate and Equip Community Building Operations of the Fire Department Downtown Historic Preservation Operation of Massee Lane Gardens Environmental Camp Construction of Firearms Complex for the Sheriffs Department Construction of a Greenhouse Improvements to Facilities Improvements to Pike County Recreational Facilities Improvements to Cemetery Operation of Local Welcome Center Purchase Bookmobile for Elbert County Library Operation of Crawford Long Museum Purchase of Educational Technology Purchase of Educational Technology Operation of Fight Abuse in the Home Renovations at Glenlake Park Computer Equipment for Our House Storm Drainage Repair Purchase Surveillance Equipment Improvements to Recreational Facilities For Air Conditioner at Cotton Hall Colquitt/Miller Arts Council Purchase Building and Equipment for Recreation Complex Operation of Fannin County Georgia Mountain Health Services, Inc. Phase II of Fannin County Recreation Department $12,000 $18,000 $25,000 $15,000 $30,000 $30,000 $10,000 $25,000 $20,000 $15,000 $20,000 $52,000 $15,000 $15,000 $30,000 $37,500 $15,000 $10,000 $50,000 $5,000 $20,000 $15,000 $10,000 $30,000 $25,000 $40,000 $40,000 $15,000 $50,000 $7,000 $7,000 $7,000 $20,000 $15,000 $20,000 $15,000 $25,000 846 JOURNAL OF THE SENATE Gilmer County Clayton County Clayton County Board of Education Clayton County Clayton County DeKalb County DeKalb County DeKalb County City of Fitzgerald Coffee County City of Jacksonville City of Lumber City City of Milan Cobb County City of Albany Murray County Board of Education Whitfield County DeKalb County DeKalb County DeKalb County Cobb County City of Powder Springs Lowndes County Lowndes County Lowndes County City of Ochlocknee DeKalb County Board of Education City of Keysville City of Blackshear Replace Roof at Gilmer County Civic Center Purchase Computer and Printer for the Rape Crisis Center Purchase Band Uniforms for North Clayton High School Additional Classroom for the Nature Center Building at Reynolds Nature Preserve Operation of the Clayton Youth Empowerment Project Operation of DeKalb County Community Outreach Operation of South DeKalb Business Incubator Operation of the Snapfinger YMCA After School Program Enhancements to Recreational Complex Construction of Fire Station for Green Acres Construct Fire Station Enhance Recreational Complex Purchase Equipment for Fire Department Feasibility Study for Rail Crossing in South Cobb County Health Educational Prevention Project Completion of Projects for the Murray County High School Agricenter Operation of the Northwest Georgia Child Abuse Program Operation of Sisters by Choice Purchase Uniforms and Equipment for Gresham Park Athletic Association Equipment for the Mark Trail Athletics Association Operation of the South Cobb County Senior Citizens Center Operation of the Powder Springs Citizens Center Operation of the Lowndes County Hospital Wellness Center Purchase Books for the South Georgia Regional Library Operation of the Lowndes County Brother's Two Residential Center, Inc. Water System Improvements Improvements to Dunwoody High School Baseball Facilities For a Human Resources Facility Roof Repairs to Old Depot $35,000 $5,000 $20,000 $30,000 $20,000 $15,000 $20,000 $25,000 $15,000 $10,000 $5,000 $5,000 $5,000 $30,000 $58,000 $10,000 $40,000 $10,000 $10,000 $7,000 $35,000 $35,000 $60,000 $5,000 $5,000 $5,000 $50,000 $50,000 $25,000 THURSDAY, MARCH 6, 1997 847 City of Augusta City of Bostwick Bleckley County Board of Education City of Warner Robins Houston County City of Warner Robins Montgomery County Chatham County Chatham County Randolph County Burke County Irwin County City of Homerville City of Dawsonville Polk County City of Blairsville DeKalb County Chattahoochee County Board of Education City of Eastman For Community-Based Programs Renovations at Susie Agnes Hotel Purchase Furniture for the Bleckley County Elementary School Construction of Warner Robins American Little League Playing Fields Improvements to Athletic Fields Purchase Van for the Senior Citizens Center Sewer Line Improvements Repairs to Coastal Center for Developmental Services Operation of Ralph Mark Gilbert Civil Rights Museum Repairs to Randolph County Courthouse Operation of the Center for Integrated Rural Development Repairs to Irwin County Courthouse Annex Construct and Equip the HomervillePearidge Recreation Facility Automobile Racing Hall of Fame Facility Improvements to Polk County Airport Extension of Water and Sewage System Operation of the South DeKalb Business Incubator Purchase Computer Tables for the Chattahoochee Middle School Improvements for the EastmanDodge Development Authority Art Facilities $80,000 $10,000 $50,000 $10,000 $50,000 $25,000 $10,000 $10,000 $25,000 $5,000 $62,500 $25,000 $100,000 $30,000 $50,000 $300,000 $10,000 $58,000 $16,000 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, and which meet criteria 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 HB 244, HB 590, HB 679, HB 743, HB 852, and HB 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 benefit payments utilizing a factor of 66.0% of the standards of need; 848 JOURNAL OF THE SENATE 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 2 356 3 424 4 500 5 573 6 621 7 672 8 713 9 751 10 804 11 860 $155 235 280 330 378 410 444 470 496 530 568 Provided, the Department of Human Resources is authorized to transfer funds between 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 Retarda tion and Institutions, Regional Boards will be allocated State Hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation 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 pursu ant 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 desig nated for the Independent Care program for personal assistance and support. Provided, the Department shall exclude pharmacy services in the HMO pilot, and allow acute care hospitals statewide to contract with Medicaid for services on a non-risk capi tated rate. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Deparment is authorized to assess no more that $182.10 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1997 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teach ers 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 phar macy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. THURSDAY, MARCH 6, 1997 849 Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Divi sion 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 27, Board of Regents, University System of Georgia. Provided, that of the appropriation for the Board of Regents, $750,000 is designated and committed for an eminent scholar for the Mercer University Engineering School. Section 48. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for HB 691, HB 977, HB 586, and HB 1025. Section 49. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savan nah Regional Technical Institute to State operated institutions. Section 50. 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 ap proval 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 pay able 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 upgrade the quality of air transportation equipment. 850 JOURNAL OF THE SENATE 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 Sec tion 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-241 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this Genera] 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 51. 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 operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropri ated $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 appro priated $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 retarda tion 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 opera tion of the Employment Service and Unemployment Insurance Programs in the Depart ment of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the depart mental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 52. 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 contracts, over time payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby author ized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 53. To the extent to which Federal funds become available in amounts in excess of those con templated 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 effective 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 instances 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 THURSDAY, MARCH 6, 1997 851 with the chairmen of the House and Senate Appropriations Committees and with the Leg islative 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 54. 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 55. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 56. No State appropriations authorized under this Act shall be used to continue programs cur rently funded entirely with Federal funds. Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Consti tution 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 re quired to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 58. (a.) All expenditures and appropriations made and authorized under this Act shall be ac cording to the programs and activities as specified in the Governor's recommendations con tained in the Budget Report submitted to the General Assembly at the 1996 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget. (b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. 852 JOURNAL OF THE SENATE (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 administration of the annual operating budget. Section 59. Whenever 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 approval of at least eight members of the Legislative Services Committee in a meeting of such Commit tee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 61. 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 Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated "State General Funds (New)", $8,707,315 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $97,835,000 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)", $11,258,055 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 $126,495,000 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)", $801,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, 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 $9,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 6, 1997 853 From the appropriation designated "State General Funds (New)" $1,780,000 is specifically appropriated for the purpose of financing projects for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. From the appropriation designated "State General Funds (New)" $22,250 is specifically ap propriated for the purpose of financing projects for the Department of Natural Resources, 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 $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. From the appropriation designated "State General Funds (New)", $2,473,310 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,790,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $169,100 is specifically appropriated for the purpose of financing projects for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $26,700 is specifically appropriated for the purpose of financing projects for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $133,055 is specifically appropriated for the purpose of financing facilities for the Soil and Water Conservation Commission, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,495,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $11,125,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $125,000,000 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)", $284,800 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, 854 JOURNAL OF THE SENATE 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,263,800 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,200,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $178,445 is specifically appropriated for the purpose of financing facilities for the Department of Human Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,005,000 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)", $57,405 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, 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 $645,000 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)", $292,365 is specifically appropriated for the purpose of financing facilities for he Georgia Bureau of Investigation, 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 $3,285,000 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)", $222,500 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General funds (New)", $42, 720, is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $480,000 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)", $137,060 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance THURSDAY, MARCH 6, 1997 855 of not more than $1,540,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $534,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $178,000 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $404, 950 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $267,000 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,221,080 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $222,500 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 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)", $151,300 is specifically appropriated for the purpose of financing facilities for the Georgia Agricultural Exposition Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 856 JOURNAL OF THE SENATE From the appropriation designated "State General Funds (New)", $436,100 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $275,900 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,100,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $440,055 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, 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 $1,905,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and sixty months. From the appropriation designated "State General Funds (New)", $115,500 is specifically appropriated for the purpose of financing facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $65,835 is specifically appropriated for the purpose of financing facilities for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $34,650 is specifically appropriated for the purpose of financing facilities for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $370,755 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,605,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months. THURSDAY, MARCH 6, 1997 857 From the appropriation designated "State General Funds (New)", $1,552,320 is specifically appropriated for the purpose of financing facilities for the Department of Human Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $6,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $446,985 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,935,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $99,330 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $356,000 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, 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)", $44,500 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $35,600 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the Univer sity System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $525,100 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,900,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months. Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 ..................................... $11,793,346,344 858 JOURNAL OF THE SENATE Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All law 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 34. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Clay Glanton Gochenour Price of 28th Price of 56th Those not voting were Senators: Brown of 26th Tanksley (excused) Thomas of 10th On the motion, the yeas were 48, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 34. Senator Hill of the 4th introduced the doctor of the day, Dr. Thad Riley of Statesboro, Georgia. At 12:16 P.M. the President announced that the Senate would stand in recess until 1:45 P.M. The President called the Senate to order at 1:45 P.M. The Calendar was resumed. HB 205. By Representatives Powell of the 23rd, Parham of the 122nd, Walker of the 141st and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to provide that license THURSDAY, MARCH 6, 1997 859 plates and revalidation decals shall be issued to vehicle owners instead of as signed to vehicles. Senate Sponsor: Senator Thompson of the 33rd. The Senate Transportation Committee offered the following substitute to HB 205: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles; to pro vide that license plates and revalidation decals shall be transferred between vehicles in certain circumstances; to change certain provisions relating to operation of a vehicle with improperly transferred plates; to change certain provisions relating to operation of unregis tered vehicles; to change certain provisions relating to motor vehicle registration and li cense requirements; to change certain provisions relating to license plates and revalidation decals; to change certain provisions relating to display of license plates; to change certain provisions relating to registration of delinquent vehicles; to change certain provisions relat ing to issuance of license plates; to change certain provisions relating to transfer of license plates and revalidation decals; to change certain provisions relating to issuance of license plates or revalidation decals for salvage or rebuilt vehicles; to change certain provisions relating to special, distinctive, commemorative, promotional, and prestige license plates; to change certain provisions relating to transfer of special license plates; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to effect of actions taken to avoid payment of taxes; to define certain terms; to change certain provisions relating to motor vehicles subject to ad valorem taxation; to change certain provisions relating to ad valorem taxation of motor vehicles owned by dealers; to change certain provisions relating to returns for ad valorem taxation of motor vehicles; to change certain provisions relating to what constitutes return of motor vehicles for ad valorem taxation; to change certain provisions relating to transfers of an nual motor vehicle license fees, licenses, and plates; to change certain provisions relating to rate of annual license fee for certain vehicles registered during specified parts of the year; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (39) of Code Section 40-1-1, relating to definitions, and inserting in its place the following: "(39) 'Owner' means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title." SECTION 2. Said title is further amended by striking Code Section 40-2-6, relating to alteration of li cense plates or operation of a vehicle with altered or improperly transferred plates, and inserting in its place the following: "40-2-6. Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county 860 JOURNAL OF THE SENATE designation, or other marking of any license plate issued under the motor vehicle regis tration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor." SECTION 3. Said title is further amended by striking subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles, and inserting in its place the following: "(b) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle ui a vehicle which dues nul have a current and valid registi atiuii or a used vehicle may oper ate such vehicle on the public highways and streets of this state without a current valid license plate during the 30 Jay period within which the purchaser is required by Code Section 40-2-20 to register 01 tiansfej the legislation of such vehicle and provided, fur ther, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration ui tiansfei of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties." SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 402-20, relating to motor vehicle registration and license requirements, and inserting in its place the following: "(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, except as provided in paragraph (3) of this subsection, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to oper ate it for the 12 month period until such person's next registration period. The purchaser or other transferee owner of every new or used motor vehicle 01 uthni mutoi vehicle which dues iiul have a current and valid Geuigia jegihtiatiuu, including tractors and motorcycles, or trailer shall, within 30 days uf the date ufpuichase the initial registra tion period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer~as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calen dar year as the initial registration period or how soon such next registration period fol lows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The puichastii uf eveiy used motoi vehicle, including tractors and motuicyuleb, 01 tiailei1 which is cuiiently legisteind shall, within 30 days uf tlic ^jui ulitioc ul ouOll vtuiidt, ti tiiislci aui*ll i cglsti cttj.un cis ^jiuviilctl in UuLlc occtiuii 4U-!ij- 42: No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicls the cuiieiit Qeuigia last certificate of regis tration on such vehicle at the time of such sale or transfer 01, if such vehicle dues not THURSDAY, MARCH 6, 1997 861 iltV&"k Current" tll'iCl V3llCrvieOr^l& CGl*tlilCtt6~OT t'ti^flStrcltlGH, t/rlG IctSL CGTtl tiuii fui such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer provide the certifi cate of registration for such vehicle, but such a person or entity other than a lessor shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; ^llUViUCll, lulLliUi, tlllL 111 tllUOC l^clSCS WilCIC LllCl C IS 11U ULJllCllL lllll V tlllLl VJCUl glil UC1 Llll" tciLe ul i tigioLi ciLiuji ui ui lliusu aiLueiLnjiiD wlicic Llic ^jcioun, uuimjciiity , ui uui^jOiciLiuii still- ing 01 transfeiiing Ihe mului vehicle dues nuL pusbess the certificate of regisUatiun, theu Lilt; ^JLu'Ciifcis^r Ol' trclllS It I'ct 01 siiCii iliutuz* vtJlIClt , It suCli jJu.i'Cii&Sti1 ui* trHlSI6r66 IS 3 llOciiScCl iliOLOr VEIllCtc Clc3.Ict', illd.y dppiy tO tilt? dppi'Opl'ifl.tc COUHty ul* SiStt; lOi' a. i't;|jlfciCu~ 1116HC ttJftillCcitt: ui i'egiLratlOll. SECTION 5. Said title is further amended by striking Code Section 40-2-21, relating to registration peri ods, and inserting in its place the following: "40-2-21. (a) As used in this chapter, the term: (.1) 'Initial registration period' means the 30 day period immediately following the date oTpurchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailerT (.2) 'Owner' has the meaning provided by paragraph (39) of Code Section 40-1-1 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement (1) 'Registration period' means: (A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C or D; (III) The month of March for the owner whose name begins with the letter E or F; (IV) The month of April for the owner whose name begins with the letter G or H; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M or N; (VIII) The month of August for the owner whose name begins with the letter O or P; (DC) The month of September for the owner whose name begins with the letter Q or R; (X) The month of October for the owner whose name begins with the letter S or T; 862 JOURNAL OF THE SENATE (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January December 1 through April 30 February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural per sons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the certif icate of title or other record of ownership and whose birthday is in the month of October, November, or December; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K; (III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and (IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, Jaimaiy December 1 through Apiil 30 February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural per sons; or (C) (i) In those counties which are authorized by a local Act enacted pursuant to this~T!ode section not to have staggered registration periods, January 1 through April 30. (ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural personsT For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other rec ord of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88. (2) 'Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. THURSDAY, MARCH 6, 1997 863 (b) The owner of every vehicle registered in the previous calendar year shall register and obtain a license to operate such vehicle not later than the last day of the owner's registra tion period. Tim lessee uf a vuhicln being upeiated unJui a lease agieement must legislei1 and ublaiii a license tu upeiate such vehicle nut later than Hie last day uf the legisUatiun pGriGCl Oi Ul6 lessee. (c) The owner of any vehicle registered in the previous calendar year who moves his or her residence 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 re gistration ui the new uwnei uf a vehicle legisleied in the pieviuus calendai yeai which was uuunL^ wlnuli lias a ataggeicu icgistiatiuii pciiuu Shall, uiilcoo suuli vehicle lm a uuneiil legislialiuii, register and obtain a license to operate such vehicle prior to the last day of such new uwiiei's registration period or, if such registration period has passed for that year at the time of the change of residence ui at the limn uf Uaiihfei, not later than 30 days following the date of the change of residence 01 the dale uf Uansfei. (d) The transferee owner of a new or mubgibleiud used vehicle shall register and obtain or transfer a license to operate such vehicle as provided in subsection (a) of Code Section 40-2- (e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referen dum shall be verified to the Department of Revenue." SECTION 6. Said title is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, and inserting in its place the following: "40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign tu Lhe vehicle issue to the applicant 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 Teach 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. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. (b.l) Any valid license plate or revalidation decal assigned to a vehicle under former provisions of this Code section prior to the effective date of this subsection shall be deemed issued to the current registrant of such vehicle on the effective date of this subsection. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. 864 JOURNAL OF THE SENATE (d) In those years in which a metal plate is not issued, a revalidation decal with a distinc tive serial number shall be issued and affixed in the space provided on the license plate assigned Co the vehicle issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previ ous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other informa tion required to be present on the plate. (f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal." SECTION 7. Said title is further amended by striking subsection (d) of Code Section 40-2-32, relating to special license plates commemorating a college or university, and inserting in its place the following: "(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee 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. Special license plates issued under this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80 40-2-42." SECTION 8. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 402-33, relating to issuance of license plates, and inserting in its place the following: "(2) In those instances whuiuin a vehicle shall be purchased fium a seller whu is lequiied Lu iltrlui'ii tlit; Vcliit;iG~~rOI au valOi'eili laAaliGii 111 et COUlrty uHiti1 liici.ii tile CuuiiLy ui Hie I'tJSiCltJUCy Oi tllG^ju.ilCll i'etliriittQ tOT~tci.Xfci.1jiG11 Siltl.ll COllcCt Hie rcC^Lll! t;i_l Icti ICii1 Llie i'tJj^icil/i'iltlGll 01 1/iJ.t; VclilClti 3Hu, tit tile I'tsCJ Heistr 01 tile uu.i'~ ciilCl tile (Ip^jliCtltiGri tor 1 t^loLi a.LiGi.1 llGH Wltri cei Uficate, which shall indicate Chat all ad valuiem Uxes due theieuu have been paid, lu Lilt; tcl^f tl^CIlt Oi tile CO uilty 01 trie Jju.ilCilfl.Sci t) rfeSlCteUCy , Wilu 8il3.ll 1SSUG Liie i'ei^Ltirtiu. liCuiiSt! jjltitt; Oi1 1 eV ctllCnltlOll uuuB.1. 1 lie t3^ a.^t;iib ti'&iiisiGn'liij, Hit; ti^j^jliCttXiOll Slicill iiut be entitled to the fee piesciibed fui his seivices as agent uf the cummis&iuiiui fui that purpose Reserved." SECTION 9. Said title is further amended by striking subsection (a) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in its place the following: "(a) 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 THURSDAY, MARCH 6, 1997 865 for the current year shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, after the expiration of the owner's registration period, be subject to a penalty 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 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 30 days uf its puichasti an initial registration period." SECTION 10. Said title is further amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in its place the following: "40-2-41. Every vehicle required to be registered under this chapter, which is in use upon the high ways, shall at all times display the license plate assigned issued to it the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor." SECTION 11. Said title is further amended by striking Code Section 40-2-42, relating to transfer of li cense plates and revalidation decals, and inserting in its place the following: "40-2-42. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall nuL be used \jy any uthei peisun ur upun any vehicle uthei Ihan the unu lu which it is assigned, except vehicle of the same class acquired by the same person as uLlitu wise provided in this chapter. Any use of a license plate or revalida tion decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter. (b) The commissioner is authorized tu shall provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalida tion decals nray shall be transferred from one peisim vehicle to another vehicle of the same class of which ownership is subsequently acquirecTby the same person upon that person's transfer of the vehicle for which such plate was originally issued. If upon trans fer of a vehicle a person acquires a vehicle of a different class, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new vehicle, the commissioner shall issue a new li cense plate to such person for use on such vehicle. License plates and revalidation decals shall be transferred only during the caleiiddf^yeai period for which issued. A peisuii ttCLjUlling 'a vehicle willi an cApncu annual liuenoc plate ui t:Apneu live y&ai liuenst: plcite OIlclll ULlLcllll d CLLIlClll ^yedl dllllLLdl lll;t;llSt; plctlt UI cl CUll'dlt yctilI'tJ V cllllicttiUIl LicOtll CIS ^jiuVulcu luz uy tins ulid^jLcz. 866 -JOURNAL OF THE SENATE SECTION 12. Said title is further amended by striking Code Section 40-2-45, relating to issuance of li cense plates or revalidation decals for salvage or rebuilt vehicles, and inserting in its place the following: "40-2-45. The commissioner shall nut issue atiuenbe plate 01 levalidatiim decal fui any No person shall transfer a license plate or decal from one vehicle to any other motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law." SECTION 13. Said title is further amended by striking subsection (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Protection Program, and in serting in its place the following: "(g) If a vehicle ownei lu whom the department has issued a wildlife Wildlife conserva tion fund license plate acquiies a luplacemeiil vehicle within the uwiiei's legisUatiuu pyiiud, Llie depaitmeiit shall authorise a Iransfei of the license plate tu the i eplacemeut plates shall be transferred from one vehicle to another subsequently acquired vehicle in accordance with the provisions of Code Section 40-2-42." SECTION 14. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for certain officers of federal and state government, and inserting in its place the following: "40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieuten ant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon applica tion and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." SECTON 15. Said title is further amended by striking Code Section 40-2-62, relating to special license plates for members of the General Assembly, and inserting in its place the following: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive li cense plates shall be issued only upon applications made to the local tag agent and pay ment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent THURSDAY, MARCH 6, 1997 867 upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional regis tration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 16. Said title is further amended by striking paragraph (I) of subsection (b) of Code Section 402-65, relating to special license plates for active reserve components of the United States, and inserting in its place the following: "(b) (1) 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 plaLe shall be removed and the authority to use Ihe plate shall theieby be canceled, howevei, aflei such a tiansfei of uwneiship uccuis, should the said leseivisl acquiie and acquisition by the reservist of another motor vehicle, the li cense plate issued pursuant to this Code section may shall be placed on such newly ac quired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commis sioner may prescribe by regulation. 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." SECTION 17. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, and inserting in its place the following: "(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 jemoved and the authuiily lu use Ihe same shall Iheieby be canceled, howevei, after such a Uansfer of uwneiship ocuuib, shuuld the said meiiibei ui letiiud inembei of the National Quaid ac quiie and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section may shall be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of tho license plate to such newly acquired motor vehi cle 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 discharged 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 there upon 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 purchasing a regular license plate for the current year, the commanding officer of 868 JOURNAL OF THE SENATE the unit in which such member enlists or is commissioned shall likewise secure the regu lar 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 commissioned 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. 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 command ing officer shall furnish such member with a copy of 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." SECTION 18. Said title is further amended by striking subsection (b) of Code Section 40-2-67, relating to special license plates for state commanders of nationally chartered veterans' organizations, and inserting in its place the following: "(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 shall be transferred to another vehicle as provided in Code Section 40-2-80, except that such plates shall not be used by any person after vacating the office of commander of any of the organizations enumerated in this Code section." SECTION 19. Said title is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor Winners, and inserting in its place 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 shall be transferred to another vehicle subsequently acquired by the Medal of Honor recipient as provided in Code Section 40-2-80." SECTION 20. Said title is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place 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 shall be trans ferred to another vehicle subsequently acquired by such veteran or jointly by such vet eran and his or her spouse 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 con nected 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 40-271 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 De partment 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 THURSDAY, MARCH 6, 1997 869 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 21. Said title is further amended by striking subsection (b) of Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, and inserting in its place the following: "(b) Such license plates so issued may shall be transferred to another vehicle subse quently acquired by such disabled veteran as provided in Code Section 40-2-80." SECTION 22. Said title is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, and inserting in its place the following: "(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 shall be transferred to another vehicle subsequently acquired by such person individually~or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles." SECTION 23. Said title is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in its place 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 shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80." SECTION 24. Said title is further amended by striking subsection (c) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place 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 may shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80." SECTION 25. Said title is further amended by striking subsection (e) of Code Section 40-2-77, relating to special license plates for antique vehicles, and inserting in its place the following: "(e) Upon the sale or transfer of any antique vehicle or hobby or special interest vehicle for which special license plates have been issued to a person and the subsequent acquisi tion of another antique or hobby or special interest vehicle by the same person, the plates may shall be transferred to the purehahei ui tiaiisfeiee upun paying $5.00 lu Hie cuimnibsrorrer subsequently acquired vehicle as provided by Code Section 40-2-80." 870 JOURNAL OF THE SENATE SECTION 26. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 402-78, relating to special license plates for firefighters, and inserting in its place the following: "(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 certified firefighter , such ^jltiLe slicill Ije rt;jiiuvt;u ciinl Hit; autliOi i\*y Lu use tile ^jlcite nlictll tlieieuyue UciiiucleLl, liuw- evei, after nuch a transfer of uwiieihhip uccuis, should the said and acquisition by the certified firefighter acquire of another motor vehicle, the license plate issued pursuant to this Code section may shalTBe transferred between vehicles as provided in Code Section 40-2-80." SECTION 27. Said title is further amended by striking Code Section 40-2-80, relating to transfer of spe cial license plates, and inserting in its place the following: "40-2-80. The commissioner is authmiaed tu shall provide by rules and regulations appropriate procedures whereby, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and shall be transferred to vehicles othei than another vehicle of which own ership is subsequently acquired by the same person upon that person's transfer of the vehicle for which such plate was originally issued." SECTION 28. Said title is further amended by striking Code Section 40-2-83, relating to special or pres tige license plates for jointly owned vehicles, and inserting in its place the following: "40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such spe cial or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle. (b) Any lesident ownei of a mului vehicle whu has been ibsuud a special or prestige li cense plate and wbu subsequently acqulies a mului vehicle jointly willi anuthei and wliu wislieo tu pitiut; suuli ojje^ieu ui' pieslige license jjlate un &uuli juintly uwiieu UiuLui vehicle sliall iiuLiij' tlie uuiiiiiiis&iGnei111 suuli iiiciimei2CS Llic Cuiliiiniuiiei m&y jpi esui iDe \jy i ef^ ultitiun ciiiil slitill \J<*-y 3 ti tiiislei"leeOl Iptj.UU, wlieieu^jun Llic uuiiiuim&iuiid olictll cliaiige Hie legistiatiou foi such license plate tu itjflecL such juint uwneiship. fr) (b) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent joint acquisition of a motor vehicle in the sule name names of the person who is authorized to obtain such special or prestige license plate pursuant to this article and the same other previous joint owner, such pel son shall notify the cummissiunei in budi maimei as the commibbiuaer shall piesciibe by regulation and shall pay a Uansfei fee of $5.00, wheieupun Hie cuiiimisbiunei shall change the legistia- l/iOii OI SUCii SjjeCi&.i OF plfeStii^t; plfl-te tO 1611^01 tilt; SOl6 CrtV iici Slli^ \jy SU.CI1 iiiiJ.lVlQU.Sl tI16 license plate shall be transferred as provided by Code Section 40-2-80. ftt) (c_) If any resident person who is authorized to obtain a special or prestige license plate and who has been issued a special or prestige plate for a jointly owned vehicle dies or for any other reason is no longer a joint owner of such vehicle, the surviving owner of such vehicle shall surrender the license plate to the commissioner and shall obtain a THURSDAY, MARCH 6, 1997 871 regular license plate or some other type of special or prestige license plate upon comply ing with the motor vehicle laws relating to registration, licensing, and fees." SECTION 29. Said title is further amended by striking subsection (d) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, 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 veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinc tive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry." SECTION 30. Said title is further amended by striking subsection (d) of Code Section 40-2-85, relating to license plates for veterans who survived Pearl Harbor, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, 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 veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased survivor of the Japanese attack on Pearl Harbor on December 7, 1941, shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran own ership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry." SECTION 31. Said title is further amended by striking subsection (d) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in its place the following: "(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, 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 veteran acquire another motor vehicle, the license plate issued pursuant to this Code section rrray shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualify ing veteran's death or acquired thereafter, so long as such person does not remarry." 872 JOURNAL OF THE SENATE SECTION 32. Said title is further amended by striking subsection (b) of Code Section 40-2-86, relating to special license plates for emergency medical technicians, and inserting in its place the following: "(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section , such pldtn bhdll be I'eiliOVeCl ttiiu Llit; ttiit/ilurrty LO u.Se tile ^jlcltt; slxiill lJ.lertst)y DG C&nCGl&Q^ iiuweVei", j) L wu ciilviciuiyiiitjiiiuei s ajj^jtjiuteu ijy Llie oupeiiui vJuui"ldel KS 11 ciming vjuujiidi alicill Sei ve un tlie tifctiniiig uuuiidl 111 tin aLivi&ui y capacityunl_y, \vitliuut vutin^ [Ji ivi- luges. Membership on the training council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (b) The business of the training council shall be conducted in the following manner: (1) The training council at its initial shall hold an annual meeting, which shall be held promptly after the appointment of its members; and shall elect from among its voting members a chaiiman chairperson, a vice chairman vice chairperson, and a secretarytreasurer who shall serve until the first meeting in the succeeding year. Thereafter, the ehaiiman chairperson, the vice chaiiman vice chairperson, and the secretary-treas urer shall be elected at the first meeting of each calendar year; (2) Six Five voting members of the training council shall constitute a quorum for the transaction of business; and (3) The training council shall maintain minutes of its meetings and such other records as it deems necessary." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson 962 JOURNAL OF THE SENATE Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Blitch Fort Scott Taylor Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 94. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd 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 local consolidated governments to levy such tax. Senate Sponsor: Senator Harbison of the 15th. Senator Broun of the 46th offered the following amendment: Amend HB 94 by inserting ", an authority created by local Act of the General Assembly, or through a contract or contracts with any combination of such entities" between "organiza tion" and the semicolon on line 23 of page 3. By striking "owned and operated" and inserting in its place "owned or operated, or both," on line 26 of page 3. On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the 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 Brush Burton Cagle Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston TUESDAY, MARCH 11, 1997 963 Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative were Senators Price of 56th and Tanksley. Those not voting were Senators: Cheeks Fort Taylor Walker On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. SB 182. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd: A bill to amend Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, so as to provide for rea sonable fees and expenses of legal counsel as allowed expenses in certain cir cumstances. The Senate Judiciary Committee offered the following substitute to SB 182: A BILL To be entitled an Act to amend Chapter 2 and 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians generally and to guardians of incapacitated adults, re spectively, so as to provide for reasonable fees and expenses of legal counsel and other professionals as allowed expenses in certain circumstances; to conform certain provisions relating to guardians to certain provisions relating to testamentary executors or adminis trators; to change provisions relating to sale, rent, lease, exchange, or disposal of the ward's property by a guardian of the property or an emergency guardian of the property; to change provisions relating to sale of stocks and bonds; to provide for sale of perishable property or property that is expensive to keep; to change provisions relating to the sale of real property and to affidavits claiming real or personal property; to provide that a warranty in a convey ance by a guardian may not bind the ward's estate or bind the guardian personally except in specified circumstances; to change provisions relating to public sales and the manner, advertisement, petitions, location, time, payment terms, and returns thereof; to change provisions relating to sale of evidence of debt or indebtedness; to change provisions relating to certain recitals in guardians' deeds and to liens on real property sold under court order; to change the powers, duties, compensation, and liabilities of a guardian of the property of an adult ward; to provide that appointment of a guardian does not divest the ward of the right to bring legal action relating to the guardianship individually or through legal coun sel; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, is amended by striking in its entirety Code Section 29-2-2, relating to expenses allowed and use of the corpus of the estate, and inserting in its place the following: "29-2-2. Every guardian shall be allowed all reasonable disbursements and expenses suitable to the circumstances of the ward committed to his or her care as well as the necessary expenses of maintaining, supporting, and educating those who may be legally dependent upon the ward. There shall also be allowed the reasonable expenses, including fees of 964 JOURNAL OF THE SENATE legal counsel and other professionals, for the interested person or incapacitated person bringing a petition pursuant to paragraph (3) or (4) of subsection (a) of Code Section 29-59, provided that the action results in the court's modification or termination of the guard ianship or the court's determination that the petition was brought in good faith and for reasonable cause even though the guardianship is not modified or terminated. The ex penses of maintenance and education must not exceed the a.nnual profits of the estate, absent the prior approval of the judge of the probate court. The judge, in his or her discretion, may allow the corpus of the estate, in whole or in part, to be used for the maintenance and education of the ward and for the necessary expenses of maintaining, supporting, and educating those who may be legally dependent upon the ward." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 29-2-4, relating to sale, lease, exchange, or encumbrance of a ward's property, as such Code section was en acted by an Act to amend said title, approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, and which reads as follows: "29-2-4. (a) Whenever any guardian deems it necessary or in the best interests of his ward to sell, lease, exchange, or encumber the estate of the ward, or any part thereof, the guardian shall file with the judge of the probate court of the county of the guardian's appointment or of the county in which the property, or any part thereof, of the ward may be situated in the case of a foreign guardian, a petition: (1) Setting forth the facts; (2) Describing the property which the guardian proposes to sell, lease, exchange, or encumber; (3) Indicating the disposition to be made of the proceeds of the sale, lease, or encum brance, which may include reinvestment in other property; and (4) Setting forth the terms of the sale, lease, or encumbrance proposed. (b) Citation shall be issued upon the petition and published in the county of the guard ian's appointment, and in the county where the land is located, if different from the county of the guardian's appointment, once a week in four different weeks in the newspa per in which county advertisements are published. (c)(l) If the ward is a minor and resides within this state, he shall be served personally with a copy of the petition and citation. If the ward is a minor and resides outside the state, or is outside the state, the judge of the probate court may provide for substituted service upon the minor. In any such case, service upon such minor by registered or certified mail addressed to him at his last known address, as furnished by the guard ian, shall be deemed sufficient. (2) If the ward is not a minor but an incompetent for whom a guardian has been ap pointed pursuant to the laws of this state or any other state or jurisdiction, he shall be personally served, if within this state, as provided in paragraph (1) of this subsection with respect to service upon minors residing within this state. If the incompetent ward does not reside within this state, or is outside the state, service upon the incompetent ward by registered or certified mail addressed to his last known address as furnished by the guardian, as in the case of service upon nonresident minors, shall be deemed sufficient; provided, however, that, if any incompetent ward is a patient in any hospi tal, sanitarium, insane asylum, or any similar institution located within or outside this state, service upon such incompetent ward shall be perfected by delivery of a copy of the petition and citation to the incompetent by a member of the staff of the institution in which the incompetent is confined, who shall make a certificate of the delivery and return the same to the judge of the probate court issuing the citation. TUESDAY, MARCH 11, 1997 965 (d) In every case provided for by this Code section, the judge of the probate court, upon the filing of the petition, shall appoint a guardian ad litem for the ward and shall cause service of the petition and citation to be made upon the guardian ad litem. (e) At the time the citation is returnable, or thereafter, the judge shall consider the peti tion and shall hear evidence thereon. If he determines from a consideration of the evi dence and the report of the guardian ad litem that the proposed transaction is fair and in the best interest of the ward, he shall, by appropriate order, permit the sale, lease, ex change, or encumbrance and direct the disposition of the proceeds of any such sale or encumbrance. If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the ward, the judge may by appropriate order permit the sale proposed by such other party. The judge may require that any sale of land of the ward be at public outcry as in the case of administrator's sales and subject to confirma tion by the judge. (f) This Code section shall not be deemed to be exclusive of other provisions of law au thorizing sales by guardians but shall be deemed to be cumulative thereof.", and inserting in lieu thereof the following: "29-2-4. (a) Subject to the provisions of this article, a guardian of the property may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purposes set forth in Code Section 29-2-3. (b) An emergency guardian of the property is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures de scribed in this article; provided, however, that good cause is shown and the sale will not be closed prior to the guardianship's becoming permanent." SECTION 3. Said article is further amended by striking in its entirety Code Section 29-2-5, relating to sale of corporate stock, which reads as follows: "29-2-5. Whenever any guardian desires to sell railroad or bank stock or stocks of other incorpo rated companies, he shall first apply to the judge of the probate court of the county which has jurisdiction over him for leave to sell the stock, which application shall be heard and determined after the usual citation for leave to sell is issued, as in applications for sale of real estate. After the sale is ordered, the sale of the stocks shall be conducted in the same manner as sales of real estate are conducted.", and inserting in lieu thereof the following: "29-2-5. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the best interest of the ward, after such notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances." SECTION 4. Said article is further amended by striking in its entirety Code Section 29-2-6, relating to sale of trust property, which reads as follows: "29-2-6. Any guardian who by law is managing any trust estate or fund under the supervision of the probate court or the judge thereof may sell on the premises any real property of his ward situated in this state, if upon petition the judge of the probate court, in the exercise 966 JOURNAL OF THE SENATE of a sound discretion, deems that it is for the best interest of the beneficiary or benefi ciaries that the real estate be sold on the premises and so directs by order entered on the minutes. The sale shall be advertised as provided by law and one hour's public notice of the commencement of the sale shall be given at the courthouse door on the sale day.", and inserting in lieu thereof the following: "29-2-6. Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may be sold at private sale without order from or report to the probate court at a sales price not less than the stock exchange bid price or the published bid price at the time of sale. Reasonable brokerage commissions, not in excess of those customarily charged by stock exchange members, may be paid. The particulars concerning such sales shall be shown on the annual report of the guardian." SECTION 5. Said article is further amended by striking in its entirety Code Section 29-2-7, relating to affidavits claiming real property, which reads as follows: "29-2-7. When a guardian advertises that it is his intention to apply for leave to sell any real estate as the property of his ward or obtains an order authorizing such a sale, any person claiming the real estate may file in the probate court, either by himself, his agent, or his attorney, an affidavit claiming the property. A copy of the affidavit shall be served on the guardian prior to the day of the sale.", and inserting in lieu thereof the following: "29-2-7. (a) A guardian of the property desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property, the specific purpose of the transac tion, the proposed price, if any, and all other terms or conditions proposed for the trans action. In the event full particulars are lacking, the petition shall state the reasons for any such omission. (b) Upon filing the petition, the minor or the incapacitated adult shall be served person ally. The probate judge may direct any additional service or notice as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard. (c) If no written objection by a person so notified is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. (d) A guardian of the property shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale. (e) The recital in the guardian of the property's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. (f) Where a guardian of the property sells real property under the provisions of this Code section, liens on such real property may be divested and transferred to the proceeds of the sale as a condition of the sale." TUESDAY, MARCH 11, 1997 967 SECTION 6. Said article is further amended by striking in its entirety Code Section 29-2-8, relating to transmittal of real property claim and trial, which reads as follows: After an affidavit has been made and filed and notice has been given as required in Code Section 29-2-7, it shall be the duty of the judge of the probate court to transmit the claim affidavit to the next term of the superior court of the county in which the land lies. The right of property shall be there tried upon an issue made up in the same manner and under the same regulations, restrictions, and penalties as are provided for the trial of claims to property levied on by execution.", and inserting in lieu thereof the following: "29-2-8. A guardian of the property may not bind the estate by any warranty in any conveyance or contract, nor shall a guardian of the property be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed." SECTION 7. Said article is further amended by striking in its entirety Code Section 29-2-9, relating to personalty claims, which reads as follows: "29-2-9. When any guardian advertises to sell any personal property as the property of his ward and the same is claimed on oath, the claim affidavit having been filed and served as required in Code Section 29-2-7, it shall be the duty of the judge of the probate court to transmit the claim affidavit to the first term of the superior court to be held after the claim is filed in the county where the guardian resides.", and inserting in lieu thereof the following: "29-2-9. (a) At any time after a guardian petitions for leave to sell real property or personal property of a ward, including after an order has been entered allowing such sale, but prior to the actual sale, any person claiming the real or personal property may file in the probate court, either by himself or herself, his or her agent, or his or her attorney, an affidavit claiming the property. The claimant must have the guardian personally served with a copy of the affidavit prior to the sale. (b) After an affidavit has been made and filed and notice has been given as required by subsection (a) of this Code section, the probate court shall transmit the claim affidavit to the next term of the appropriate superior court. (c) If the claim is to real property, the claim shall be transmitted to the superior court in the county in which the land lies, and the right of property shall be there tried upon an issue made up in the same manner and under the same regulations, restrictions, and penalties as are provided for the trial of claims to property levied on by execution. (d) If the claim is to personal property, the claim shall be transmitted to the superior court in the county where the guardian resides." SECTION 8. Said article is further amended by striking in their entirety Code Sections 29-2-10.1, relat ing to the manner of public sales; 29-2-10.2, relating to public sale of perishable property; 29-2-10.3, relating to advertisements for public sales; 29-2-10.4, relating to petitions for public sales; 29-2-10.5, relating to the time and place for public sales; 29-2-10.6, relating to public sale of real property located in two counties; 29-2-10.7, relating to public sale of wild lands; 29-2-10.8, relating to public sale of livestock; 29-2-10.9, relating to public sale of 968 JOURNAL OF THE SENATE evidences of debt; 29-2-10.10, relating to public sale of personal property; 29-2-10.11, relat ing to public sale of stocks or bonds; 29-2-10.12, relating to private sale of evidence of in debtedness; 29-2-10.13, relating to payment terms for public sales; 29-2-10.14, relating to warranties; 29-2-10.15, relating to returns of sales; 29-2-10.16, relating to the evidentiary effect of the recital of compliance in the guardian's deed; and 29-2-10.17, relating to liens on real property sold under court order, as each such Code section was enacted by an Act amending Title 29, approved April 2,1996 (Ga. L. 1996, p. 504) which Act becomes effective January 1, 1998, and which Code sections read as follows: "29-2-10.1. All public sales made by guardians shall be at public outcry. Beginning at 10:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, or as soon there after as practicable, each sale shall be made following any other sale at public outcry, without undue delay. All sales shall be concluded prior to 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, unless a different time shall be advertised. No sale shall be continued from day to day unless as advertised. Good faith is required by the guardian in all cases so that the property may be sold in such manner and quantities as shall be deemed most advantageous to the ward. 29-2-10.2. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as soon as practicable, consistent with the interest of the ward. The sale shall be made under order from the judge of the probate court. Such order shall specify the kind of notice and for what length of time, which shall not be less than ten days, the notice shall be given. The order for sale shall be granted as a matter of course. 29-2-10.3. Guardians shall state, in all advertisements of sales by them, the terms of sale. 29-2-10.4. If any time it becomes necessary to sell the real property of the ward, the guardian shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason for the proposed sale; and notice of the petition for sale shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied as to the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible. 29-2-10.5. Every sale under the provisions of Code Section 29-2-10.4 shall be advertised in a news paper having a general circulation in the county where the property to be sold is located once a week for four weeks after the leave is granted and before the sale. The sale shall be by public auction on the first Tuesday of the month, between the usual hours of sale and at the place of public sales in the county having jurisdiction of the guardianship, unless by special order, in the discretion of the judge of the probate court, real property located in another county is sold in the county where such real property is located. 29-2-10.6. If real property ordered to be sold is composed of one tract or body located in two coun ties, the sale may be in either county, as directed by the judge of the probate court. 29-2-10.7. Wild lands shall be sold in the same manner and upon the same terms as other real property. 29-2-10.8. Guardians are authorized to sell livestock at public sales establishments on sales days and during the regular hours of business of the sales establishments when the guardian TUESDAY, MARCH 11, 1997 969 determines that the sale of the property is in the best interest of the ward. Good faith is required by the guardian in all cases, and the livestock may be sold in such manner and quantities as the guardian may deem most advantageous to the ward. The sales may be made at any time after an order authorizing the sale is obtained from the judge of the probate court, which order may be issued at any time after application for the order by the guardian. The guardian shall be accountable in all other respects as is otherwise provided by law. 29-2-10.9. All notes, bonds, judgments, accounts, or other evidences of debt which, after due dili gence, remain uncollected and are deemed insolvent or doubtful may be sold by the guardian under an order of the judge of the probate court. Such sale shall be at public outcry, during the usual hours of sale, on the regular day of sheriffs sales and at the place of sheriffs sales. Thirty days' notice of the sale shall be given by posting notice at the courthouse door and at three or more public places in the county. 29-2-10.10. Except as otherwise provided in Code Section 29-2-10.11, whenever any guardian desires to sell stocks or other securities of any corporation or other personal property, the guard ian shall first apply to the judge of the probate court of the county which has jurisdiction for leave to sell the stock, which application shall be heard and determined, after the usual citation for leave to sell is issued, as are applications for the sale of real property. After the sale is ordered, the sale of the stocks or other personal property shall be con ducted in the same manner as sales of real property are conducted. 29-2-10.11. (a) Any guardian may sell, at private sale, stocks or bonds held in the guardian's repre sentative capacity where the stocks or bonds are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper or newspapers having a general circulation in this state. The sale price for the stocks or bonds shall not be less than the stock exchange bid price or the published bid price at the time of sale. (b) The guardian, before making such sale, shall make application to the probate court for an order to sell the stocks or bonds, describing same, which order shall issue on or after the application has been on file for a period of ten days and, after making such a sale, shall file with the probate court a statement showing the date of sale, the name of the purchaser, the stock exchange bid price or the published bid price at the time of sale, and the proceeds of the sale. An order of the court confirming such a sale is not required. (c) The sale of securities other than those listed upon or admitted to unlisted trading privileges on any stock exchange shall be subject to an order of the judge of the probate court showing approval or disapproval of the sale within not less than three nor more than five days from the date of the sale. 29-2-10.12. Whenever any guardian, trustee, or other fiduciary holds any note or other evidence of indebtedness, that guardian, trustee, or other fiduciary may sell and transfer the same along with the collateral and other security, if any, securing the same at private sale, without any order of court, provided the guardian, trustee, or other fiduciary shall re ceive as proceeds the full face value of the note or other evidence of indebtedness. 29-2-10.13. The guardian may exercise discretion, except where otherwise provided, in demanding cash or extending credit. Full notice shall be given and the best interest of the ward observed. If credit is given, the guardian shall, at the guardian's own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is ex tended and subsequently the debt is lost after the utmost diligence by the guardian, the guardian shall not be responsible for the amount. 970 JOURNAL OF THE SENATE 29-2-10.14. A guardian may not bind the ward by any warranty in any conveyance or contract made by the guardian. The guardian shall not be personally bound by such covenant unless the intention to create a personal liability is distinctly expressed in such covenant. 29-2-10.15. A guardian shall make a full return of every sale specifying the property sold, the pur chasers, and the amounts received, together with the terms of sale. 29-2-10.16. The recital in the guardian's deed of compliance with legal provisions shall be primafacie evidence of the facts recited. 29-2-10.17. Where a guardian sells real property under a proper order of the probate court, liens thereon shall be divested and transferred to the proceeds of the sale." SECTION 9. Chapter 5 of said title, relating to guardians of incapacitated adults, is amended by striking in its entirety Code Section 29-5-4, relating to powers and duties of the guardian of the property of an incapacitated adult, and inserting in its place the following: "29-5-4. The guardian of the property of the adult ward shall: (1) Give a like bond as required by law for guardians of the property of minors; and (2) Have such powers, duties, compensations, and liabilities as are set out in the fol lowing laws, to the extent that they are not inconsistent with this chapter: (A) Code Section 29-2-3 29-2-2 through 29-2-24; (B) Code Sections 29-2-40 through 29-2-52, 29-2-70, 29-2-72 through 29-2-85, and 29-4-12; and (C) Code Sections 53-7-180 ami 53-7-184 53-7-73 through 53-7-191 53-7-78, relating to reports and accounts of fiduciaries." SECTION 10. Said chapter is further amended in Code Section 29-5-7, relating to the retention and pro tection of the rights of a ward, by striking in its entirety subsection (a), and inserting in lieu thereof the following: "(a) Persons determined incapacitated pursuant to this chapter or alleged to be so inca pacitated shall not be deprived of any civil, political, personal, or property rights without due process of law. The appointment of a guardian for the person or property shall not remove from the ward the power to bring an action relating to the guardianship, individ ually or through legal counsel.1' SECTION 11. Said chapter is further amended in Code Section 29-5-9, relating to modification or termi nation of guardianships, by inserting a new subsection to be designated subsection () to read as follows: "(f) The reasonable expenses, including fees of legal counsel and other professionals, for the interested person or incapacitated person bringing a petition pursuant to paragraph (3) or (4) of subsection (a) of this Code section shall be allowed as provided in Code Sec tion 29-2-2." TUESDAY, MARCH 11, 1997 971 SECTION 12. (a) Notwithstanding the provisions of Code Section 1-3-4.1, Sections 1, 3, 11, and this sec tion of this Act shall become effective on July 1, 1997. (b) Sections 2, 4, 5, 6, 7, 8, 9, and 10 of this Act shall become effective January 1, 1998. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brown of 26th Brush Fort Tanksley 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. SB 224. By Senator James of the 35th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for a definition; to provide for medical payments coverage as optional cover age for all private passenger automobile insurance coverage offered in this state. The Senate Insurance and Labor Committee offered the following substitute to SB 224: A BILL To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for a definition; to provide for medical payments coverage for private passenger automobile insurance coverage written in this state; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes. 972 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Section 33-34-2, relating to definitions, and inserting in lieu thereof the following: "33-34-2. As used in this chapter, the term: (1) 'Medical payments coverage' includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a motor vehi cle accident, without regard to the insured's liability for the accident. Coverage shall Ee available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a cov ered motor vehicle. Expenses must be incurred for services rendered within three years from the date of the accident; provided, however, that nothing shall prevent an insurer from allowing a longer period of time. Any rule or regulation promulgated which expands or conflicts with this definition shall be null and void. t"H(2) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of a kincTrequired to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle. (2)(3) 'Owner' means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is sub ject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee. (3)(4) 'Self-insurer' means any owner who has on file with the Commissioner of Insur ance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter." SECTION 2. Said chapter is further amended by adding immediately following Code Section 33-34-3 a new Code Section 33-34-3.1 to read as follows: "33-34-3.1. (a) All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher limits. (b) Insurers may offer other optional coverage including combinations of sublimits and interests restricted to named insureds and resident relatives. Insurers may make colli sion, comprehensive, and loss of use coverages available as separate individual coverages and subject to differing levels of deductibles at the request of the policyholder. (c) Any rule or regulation promulgated which expands or conflicts with this Code section shall be null and void." TUESDAY, MARCH 11, 1997 973 SECTION 3. This Act shall become effective upon the signature of the Governor or on July 1, 1997, whichever first occurs. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Dean Hooks Starr Those not voting were Senators: Abernathy Fort Scott Stokes Walker On the passage of the bill, the yeas were 48, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. At 12:05 P.M. the President announced that the Senate would stand in recess until 1:15 P.M. The President called the Senate to order at 1:15 P.M. Senator Perdue of the 18th assumed the Chair. The following general bills were read the third time and put upon their passage: SB 292. By Senators Taylor of the 12th, Brown of the 26th, Hooks of the 14th and others: A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Education Authority (University), so as to change a definition; to change the membership of the authority; to change provi sions relating to the issuance of revenue bonds; to change provisions relating to the manner of sale and price of bonds; to change a provision relating to rentals; to change a provision relating to accounts. 974 JOURNAL OF THE SENATE The Senate Higher Education Committee offered the following substitute to SB 292: A BILL To be entitled an Act to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Education Authority (University), so as to change a definition; to change the membership of the authority; to change provisions relat ing to the issuance of revenue bonds; to change provisions relating to the manner of sale and price of bonds; to change a provision relating to rentals; to change a provision relating to accounts; 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 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Education Authority (University), is amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 20-3-151, relating to definitions, and inserting in its place a new paragraph (4) to read as follows: "(4) 'Project' means one or a combination of two or more of the following or any equip ment therefor: housing accommodations; buildings and facilities intended for use as classrooms; laboratories; libraries; dormitories; parking decks; and instructional, admin istrative, student center, and recreational facilities for students, faculty, officers, and em ployees of any institution or unit under the control of the board of regents; and all structures, electric, gas, steam, and water utilities, and facilities of every kind and char acter deemed by the authority necessary or convenient for the efficient operation of any unit which is a part of the university system." SECTION 2. Said article is further amended by striking in its entirety Code Section 20-3-152, relating to the creation and membership of the authority, and inserting in its place a new Code section to read as follows: "20-3-152. (a) There is created a body corporate and politic to be known as the Georgia Education Authority (University), which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title said body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of six members, as follows: the Governor, an appointee of the Governor who is not Attorney General, the state auditor, the chali man chairperson of the board of re gents, the director of the Office of Planning and Budget, and the chaiicellui uf thu uiiiveiaily system director of the Investment Division of the Georgia State Financing and Investment Commission! (b) The authority shall elect one of its members as chairman chairperson and another as vice diaiimaii vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority but who shall be the same as the secretary and treasurer of the Georgia Education Authority (Schools). The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The mem bers of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance or their duties. The staff uf Lhe aulhuiity shall be the same as the staff uf the Geuigia Education Authority (Schools). At the request of the authority, the Georgia State Financing and Investment Commission, the board of regents, and the Office of Planning and Budget shall provide staff services to the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested TUESDAY, MARCH 11, 1997 975 rights of any person under the provisions of this article or impair the obligations of any contracts existing under this article. (c) The authority is assigned to the Department of Administrative Services for adminis trative purposes only as prescribed in Code Section 50-4-3." SECTION 3. Said article is further amended by striking in its entirety Code Section 20-3-153, relating to powers of the authority, and inserting in its place a new Code Section 20-3-153 to read as follows: "20-3-153. The authority shall have powers: (1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of them in any manner it deems to the best advantage of the authority, the authority being under no obligation to ac cept and pay for any property condemned under this article except from the funds pro vided under the authority of this article; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this article upon which any lien or other encum brance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the campus, grounds, or other real estate holdings of a member unit of the university system, the Govemui board of regents is authorized to execute for and on behalf of the state a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in this state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment into the state treasury for the credit of the sinking fund of the state of the reasonable value of such lands, such value to be deter mined by three appraisers to be agreed upon by the Governor and the chairman of the authority; (4) To appoint and select officers, agents, and employees, including engineering, archi tectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts and leases and to execute all instruments necessary or conve nient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the board of regents for and on behalf of the units and institutions under its control and to the authority to enter into contracts and lease agreements for the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and the buaid, fur and on behalf uf any 976 JOURNAL OF THE SENATE miit/ or iiisiiLu.Lioii or coiiiOiii^tioii oi unit's or insLit>u.l/iOi.ic>, iiifl.y ooii^flto resell to jj ^juwt^io ctnu ULlLlt:n |ju.i KUant Lu Section 32-2-2 uf the Official Code uf Geuigia Annotated, and iu Lumpliaace with 3ectiuii 32-2-41 (b)(l), O.C.Q.A., the Depailmunt is authorizud tu Uaiisfei pusitiun couiitb beLwueii Section 60. u6111g eC[U&I Lu tll6 total ul tilt: r euei'al gl^&llt lulius SV^lldble ni GXC6SS Ol LllG ^klllOUuts ut BU-Cli IU.IIU.H tnjpi'OjJi'ifctLcu. 111 tile iui'tjj^uiiigj SeCl/iuiiH uri/llic> A.CL, TOl" tile ^u.iL|jOS^ ul S u.jjjjldlltlll^ appiupiialed Slate fuuds, which State funds shall llieieupuii be unavailable fui expeiidiluiu unless i e-appi upi lated by the Qeuigia Qmieial Assembly. Thib piuviaiuii bhall nut appl^ tu |jiujci;t giciijiL lunua nuL appiupiialeu ill Llna Act. At 4:10 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, then pursuant to HR 16, adjourn until 9:30 A.M. on Thursday, March 13, 1997. At 12:00 midnight the President announced the motion prevailed. 1006 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 13, 1997 Thirty-first Legislative Day The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Dean of the 31st. Senator Huggins of the 53rd reported that the Journal of Tuesday, March 11, 1997 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 794. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner. HB 795. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court. HB 899. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act creating the State Court of Chatham County, so as to change the terms of the court. HB 900. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court. HB 901. By Representatives Parsons of the 40th, Shipp of the 38th, Cooper of the 31st 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, so as to change the compen sation of the chief clerk and the executive secretary of the tax commissioner. HB 902. By Representative Hudson of the 120th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of county commissioners. THURSDAY, MARCH 13, 1997 1007 HB 903. By Representative McCall of the 90th: A bill to create the Lincoln County Recreation Authority. HB 904. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to create the Franklin County Public Building Authority. HB 906. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide for staggered terms; to provide that the chairperson of the commission shall have the right to vote on all matters. HB 909. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent. HB 915. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney. HB 916. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation. HB 917. By Representatives Wiles of the 34th, Sauder of the 29th, Bradford of the 30th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys. HB 918. By Representative Hudson of the 120th: A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation of the chair man and other members of the board of commissioners. HB 920. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to create the Douglasville Convention and Conference Center Authority. HB 922. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Irwin County , so as to provide for staggered elections for the chairperson and members of the board. 1008 JOURNAL OF THE SENATE HB 180. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st and others: A bill to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record. HB 621. By Representatives Sims of the 167th, Shaw of the 176th, Porter of the 143rd and others: A bill to amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2000. HB 487. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the state revenue commissioner to promulgate certain rules and regulations; to authorize the state revenue com missioner to enter into certain agreements; to change provisions regarding the issuance of license plates for government vehicles. HB 474. By Representatives Mobley of the 69th, Taylor of the 134th, Turnquest of the 73rd and others: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain person who handle food in food service establish ments. HB 745. By Representatives Powell of the 23rd and Walker of the 141st: A bill to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the "Georgia Arbitration Code," so as to exclude contracts between insurance companies from the exceptions to the code's applicability. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 362. By Representatives McBee of the 88th, Taylor of the 134th, Porter of the 143rd and others: A resolution urging the State Board of Education to designate a "Civics Day" in the schools of Georgia. HR 326. By Representatives Hanner of the 159th, Dixon of the 150th and Bordeaux of the 151st: A resolution creating the Joint Coastal Ground-water Resources Study Commit tee. THURSDAY, MARCH 13, 1997 1009 The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 63. By Senators Thompson of the 33rd and Clay of the 37th: A resolution designating a portion of Georgia Highway 120 Loop as the "Martin Luther King, Jr., Memorial Highway". The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolutions of the Senate: SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in is honor. The House has agreed to the Senate substitute to the following bill of the House: HB 658. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from concurrent to stag gered. The following bills were introduced, read the first time and referred to committees: SB 387. By Senator Brush of the 24th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a reform of the existing public education system in the State of Georgia at all levels; to de fine terms; to provide for the jurisdiction, powers, and duties of the State Board of Education with the respect to such reform. Referred to Committee on Education. SB 388. By Senator Henson of the 55th: A bill to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to liability of owners and occupiers of land in general, so as to require the owner of land zoned for commercial use to carry insurance against such owner's liability for breach of a legal duty owed as a landowner. Referred to Committee on Judiciary. SB 389. By Senator Walker of the 22nd: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to provide for crea tion of for profit corporations by such centers; to provide for optional renaming of such centers. Referred to Committee on State and local Governmental Operations (General). SB 390. By Senators Griffin of the 25th and Stokes of the 43rd: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to prohibit the Department of Medical Assistance from adopting or administering a state plan that includes the requirement of a marketing enrollment coordinator as the means for the marketing. 1010 JOURNAL OF THE SENATE Referred to Committee on Health and Human Services. SB 391. By Senator Perdue of the 18th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education scholarships, loans, and grants, so as to repeal certain provisions relating to loans and scholarships for attend ance at colleges of osteopathic medicine and relating to medical education loans and scholarships granted by the State Medical Education Board. Referred to Committee on Higher Education. SR 316. By Senator Dean of the 31st: A resolution designating a portion of U.S. 278 in Paulding County the "Wendy Bagwell Parkway". Referred to Committee on Transportation. SR 319. By Senators Thomas of the 10th and Streat of the 19th: A resolution creating the Senate Study Committee on Cosmetology Curriculum. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 180. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st and others: A bill to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record. Referred to Education Committee. HB 474. By Representatives Mobley of the 69th, Taylor of the 134th, Turnquest of the 73rd and others: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who handle food in food service establish ments. Referred to Consumer Affairs Committee. HB 487. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the state revenue commissioner to promulgate certain rules and regulations; to authorize the state revenue com missioner to enter into certain agreements; to change provisions regarding the issuance of license plates for government vehicles. Referred to Public Safety Committee. THURSDAY, MARCH 13, 1997 1011 HB 621. By Representatives Sims of the 167th, Shaw of the 176th, Porter of the 143rd and others: A bill to amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2000. Referred to Transportation Committee. HB 745. By Representatives Powell of the 23rd and Walker of the 141st: A bill to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the "Georgia Arbitration Code," so as to exclude contracts between insurance companies from the exceptions to the code's applicability. Referred to Insurance and Labor Committee. HR 326. By Representatives Hanner of the 159th, Dixon of the 150th and Bordeaux of the 151st: A resolution creating the Joint Coastal Ground-water Resources Study Commit tee. Referred to Rules Committee. HR 362. By Representatives McBee of the 88th, Taylor of the 134th, Porter of the 143rd and others: A resolution urging the State Board of Education to designate a "Civics Day" in the schools of Georgia. Referred to Education Committee. HB 794. By Representative Clark of the 3rd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner. Referred to State and Local Governmental Operations Committee. HB 795. By Representative Clark of the 3rd: A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to 111^1 v,ase the clerical help allowance of the judge of the probate court and the clerk of the superior court. Referred to State and Local Governmental Operations Committee. HB 899. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act creating the State Court of Chatham County, so as to change the terms of court. Referred to State and Local Governmental Operations Committee. 1012 JOURNAL OF THE SENATE HB 900. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court. Referred to State and Local Governmental Operations Committee. HB 901. By Representatives Parsons of the 40th, Shipp of the 38th, Cooper of the 31st 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, so as to change the compen sation of the chief clerk and the executive secretary of the tax commissioner. Referred to State and Local Governmental Operations Committee. HB 902. By Representative Hudson of the 120th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of county commissioners. Referred to State and Local Governmental Operations Committee. HB 903. By Representative McCall of the 90th: A bill to create the Lincoln County Recreation Authority. Referred to State and Local Governmental Operations Committee. HB 904. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to create the Franklin County Public Building Authority. Referred to State an Local Governmental Operations Committee. HB 906. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide for staggered terms; to provide that the chairperson of the commission shall have the right to vote on all matters. Referred to State and Local Governmental Operations Committee. HB 909. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent. Referred to State and Local Governmental Operations Committee. HB 915. By Representatives Wiles of the 34th, Bradford of the 30th, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney. Referred to State and Local Governmental Operations Committee. THURSDAY, MARCH 13, 1997 1013 HB 916. By Representatives Wiles of the 34th, Ehrhart of the 36th, Bradford of the 30th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation. Referred to State and Local Governmental Operations Committee. HB 917. By Representatives Wiles of the 34th, Sauder of the 29th, Bradford of the 30th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys. Referred to State and Local Governmental Operations Committee. HB 918. By Representative Hudson of the 120th: A bill to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation of the chair man and other members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 920. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to create the Douglasville Convention and Conference Center Authority. Referred to State and Local Governmental Operations Committee. HB 922. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Irwin County, so as to provide for staggered elections for the chairperson and members of the board. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 250. Do pass. HB 712. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 622. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman 1014 JOURNAL OF THE SENATE Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 393. Do pass. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 306. Do pass. HB 419. Do pass by substitute. HB 378. Do pass. HB 490. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 682. Do pass. Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: HB 654. Do pass. SB 376. Do pass by substitute. SB 33. Do pass. HB 355. Do pass. Respectfully submitted, Senator Langford of the 29th District, Chairman Mr. President: The Committee on Insurance and Labor 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: HB 573. Do pass by substitute. SB 358. Do pass. SB 356. Do pass by substitute. Respectfully submitted, Senator Langford of the 29th District, Chairman THURSDAY, MARCH 13, 1997 1015 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 54. Do pass by substitute. HB 124. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill and resolu tion of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HB 125. Do pass. SR 200. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 371. Do pass by substitute. SB 370. Do pass. SB 372. Do pass. SB 369. Do pass. SB 321. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 278. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 470. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman 1016 JOURNAL OF THE SENATE Mr. President: The Committee on Science, Technology and Industry has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 366. Do pass. Respectfully submitted, Senator Tysinger of the 41st 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 111. Do pass by substitute. HB 651. Do pass by substitute. HB 325. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 287. Do pass by substitute. SB 366. Do pass. SB 383. Do pass as amended. SB 319. Do pass by substitute. HR 289. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 359. Do pass. HB 850. Do pass. SB 373. Do pass. HB 854. Do pass. HB 446. Do pass. HB 855. Do pass. HB 739. Do pass. HB 856. Do pass. HB 796. Do pass. HB 861. Do pass. HB 805. Do pass. HR 214. Do pass. HB 849. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman THURSDAY, MARCH 13, 1997 1017 Mr. President: The Committee on Transportation has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 203. Do pass as amended. SR 305. Do pass as amended. SR 304. Do pass as amended. Respectfully submitted, Senator Thompson of the 33rd District, Chairman Mr. President: The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 382. Do pass by substitute. Respectfully submitted, Senator Blitch of the 7th District, Chairman The following bills and resolution were read the second time: SB 56 SB 304 HB 19 SB 63 SB 337 HB 213 SB 141 SB 341 HB 290 SB 272 SB 350 HB 499 SB 297 SB 357 SB 301 SR 286 Senator Crotts of the 17th moved that Senator Thompson of the 33rd be excused from the Senate. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Thompson was excused. Senator Crotts of the 17th moved that Senator Henson of the 55th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Henson was excused. Senator Dean of the 31st, who was presiding, called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Dean (presiding) Henson (excused) Taylor Thompson (excused) 1018 JOURNAL OF THE SENATE Senator Dean of the 31st led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Middleton of the 50th introduced the chaplain of the day, Reverend Charles Taylor, pastor of Mount Carmel Baptist Church, Demorest, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 308. By Senator Dean of the 31st: A resolution commending the Cartersville High School Jazz Band. SR 309. By Senator Dean of the 31st: A resolution supporting the Board of Education of the Cartersville School Sys tem. SR 310. By Senator Henson of the 55th: A resolution commending TEAM Georgia. SR 312. By Senators James of the 35th and Hill of the 4th: A resolution urging each local board of education in this state to implement a course of study in driver's education. SR 313. By Senators Clay of the 37th and Thompson of the 33rd: A resolution condemning hate crimes as damaging to the very fabric of our socie ty. SR 314. By Senators Johnson of the 2nd, Johnson of the 1st and James of the 35th: A resolution recognizing International Longshoremen's Association Local 1414. SR 315. By Senators Perdue of the 18th, Hooks of the 14th, Dean of the 31st and Marable of the 52nd: A resolution expressing best wishes to the Speaker of the House of Representa tives regarding his birthday. SR 317. By Senators Oliver of the 42nd, Hill of the 4th and Scott of the 36th: A resolution commending The Friendship Force. SR 318. By Senators Perdue of the 18th, Oliver of the 42nd, Broun of the 46th and Land of the 16th: A resolution commending the members of the University of Georgia Law School's Moot Court Team and their adviser. SR 320. By Senator Streat of the 19th: A resolution recognizing and commending George L. Heck III. The following local bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: THURSDAY, MARCH 13, 1997 1019 SENATE LOCAL CONSENT CALENDAR Thursday, March 13, 1997 THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 359 Glanton, 34th Starr, 44th CLAYTON COUNTY Amends an Act placing the judge of the Probate Court of Clayton County on annual salary, approved February 7, 1950, as amended, particularly by an Act approved March 29, 1995, so as to change the compensation of said officer. SB 373 Perdue, 18th HOUSTON COUNTY Creates the Houston County Commission on Children and Youth. HB 446 Guhl, 45th TOWN OF BETWEEN Provides a new charter for the Town of Between. HB 739 Hill, 4th EFFINGHAM COUNTY Amends an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court. HB 796 Langford, 29th CITY OF HOGANSVILLE Creates a new charter for the City of Hogansville, so as to allow the mayor and city council to enter into a written contract for the employment of a city manag er. HB 805 Griffin, 25th PUTNAM COUNTY Revises, modernizes, and consolidates the provisions of local law relating to the State Court of Putnam County. HB 849 Johnson, E. 1st Johnson, D., 2nd CHATHAM COUNTY Amends an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the judge of the Probate Court of Chatham County. HB 850 Johnson, E., 1st Johnson, D., 2nd CHATHAM COUNTY Amends an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the chief magistrate and magis trates of the Magistrate Court of Chatham County. 1020 JOURNAL OF THE SENATE HB 854 Ralston, 51st PICKENS COUNTY Provides a homestead exemption for all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district. HB 855 Ralston, 51st PICKENS COUNTY Provides a homestead exemption from certain Pickens County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that county. HB 856 Ralston, 51st PICKENS COUNTY Provides a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the as sessed value of the homestead of certain residents of that school district. HB 861 Guhl, 45th CITY OF SOCIAL CIRCLE Continues the charter for the Academy of Social Circle. HR 214 Middleton, 50th CITY OF TOCCOA AND STEPHENS COUNTY Creates the Toccoa-Stephens County Governmental Consolidation Study Com mittee. Senator Ralston of the 51st moved that HB 854, on the Local Consent Calendar for today, be postponed to the 34th Legislative Day. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 854 was postponed. Senator Ralston of the 51st moved that HB 855, on the Local Consent Calendar for today, be postponed to the 34th Legislative Day. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 855 was postponed. Senator Ralston of the 51st moved that HB 856, on the Local Consent Calendar for today, be postponed to the 34th Legislative Day. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 856 was postponed. 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Egan Gillis Glanton Griffin Guhl THURSDAY, MARCH 13, 1997 1021 Harbison Hill Hooks Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Abernathy Balfour Cagle Dean (presiding) Fort Gochenour Henson (excused) Oliver Perdue Thompson (excused) Walker On the passage of the local bills, the yeas were 45, nays 0. The bills on the Local Consent calendar, except HB 854, HB 855, and HB 856, having received the requisite constitutional majority, were passed. HB 854, HB 855 and HB 856 were postponed to the 34th Legislative Day. The President assumed the Chair. The following uncontested resolutions of the Senate and House, favorably reported by the committee, as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption: GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS Thursday, March 13, 1997 THIRTY-FIRST LEGISLATIVE DAY SR 244 Coogan Ray Bleodow Memorial Bridge -- designate (Trans--33rd) SR 251 George W. Ross Highway -- designate (Trans--54th) SR 252 Reverend Charles Walter Hayes Memorial Highway -- designate (Trans-- 54th) SR 253 Thomas Kirkland Bridge -- designate (Trans--19th) SR 260 William Thomas Overby Memorial Parkway -- designate (Trans--28th) HR 106 Veterans Memorial Parkway; designate (Trans--4th) Purcell--147th HR 112 Jack Eubank Memorial Highway; designate (Trans--23rd) (Jackson--112th) HR 159 Hayes, Reverend Charles Walter; designate memorial highway and bridge (Trans--53rd) Poag--6th HR 245 "Chet Atkins Parkway"; designate portion of 1--185 (Trans--16th) Smith-- 102nd Pursuant to Rule 111, Senator Dean of the 31st asked unanimous consent that HR 245 be voted on separately with the substitute offered by Senator Dean. The consent was granted. 1022 JOURNAL OF THE SENATE On the adoption of the resolutions on the General Consent Calendar for Commemora tive Resolutions, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Balfour Clay Gochenour Henson (excused) Thompson (excused) On the adoption of the resolutions, the yeas were 50, nays 0. The resolutions on the General Consent Calendar for Commemorative Resolutions, ex cept HR 245, having received the requisite constitutional majority, were adopted. The following resolution, previously removed from the Commemorative Calendar, was read the third time and put upon its adoption: HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins Park way". Senator Dean of the 31st offered the following substitute to HR 245: A RESOLUTION Designating a portion of Interstate 1-185 as the "Chet Atkins Parkway"; designating a portion of U.S. 278 in Paulding County as the "Wendy Bagwell Parkway"; and for other purposes. PART 1 WHEREAS, Chet Atkins has attained recognition and accomplishments achieved by very few popular musicians and recording artists, and he is well known and regarded as a gifted country music star; and WHEREAS, he spent a number of years during his childhood in Harris County, Georgia, where he attended public school at the Mountain Hill Schoolhouse where his father, James Arley Atkins, taught piano, guitar, and voice; and WHEREAS, the citizens of Harris County are especially proud to have such a link with this country music star who has frequently acknowledged his Southern roots and strong con nections with Georgia and its people; and THURSDAY, MARCH 13, 1997 1023 WHEREAS, it is most fitting and appropriate that this musician who is the youngest per son inducted into the Country Music Hall of Fame and who has won 13 Grammy Awards be appropriately honored by this state which contributed to his early development and manhood. PART 2 WHEREAS, Wendell Lee "Wendy" Bagwell attained recognition and accomplishments achieved by very few popular musicians and recording artists, and together with his group "The Sunliters" was well known and regarded as a gifted Southern gospel music star; and WHEREAS, Wendy Bagwell was born in Chamblee, Georgia, in 1925 and grew up in Gum ming, which he left at the age of 17 to join the United States Marine Corps during World War II; and WHEREAS, he fought for his country on Iwo Jima, Saipan, Tinian, and the Marshall Is lands, receiving the Bronze Star and a Letter of Commendation for Bravery; and WHEREAS, Wendy Bagwell came home to Georgia after the war, marrying Melba Hogue Bagwell, his devoted wife of 50 years, and raising his nephew, Ronnie, and his two daugh ters, Rita Jima and Wendy Lea; and WHEREAS, he founded his own furniture business, still in operation today in Mableton, and in 1954 joined together with Geraldine (Jerri) Morrison and Georgia Jones to form the Sunliters, a local gospel group which would be joined in 1960 by Jan Buckner, Wendy's niece-in-law; and WHEREAS, Wendy Bagwell and the Sunliters went on to become one of the premier South ern Gospel groups in the nation, remaining together for 36 years without a personnel change; and WHEREAS, Wendy Bagwell and the Sunliters won world-wide acclaim, as well as a Top 5 Grammy Award in 1995, Gold Record for Million Seller, Special Award from the Gospel Music Association, and too many other awards to mention; and WHEREAS, Wendy Bagwell, a family man and a devoted follower of Christ, passed away on June 11, 1996, mourned by his family, his friends, the gospel music community, and the citizens of the State of Georgia, and it is only fitting that this state honor his memory. PARTS NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that the portion of Interstate 1-185 that runs from Interstate 1-85 through Troup County to the Harris County line and that runs through Harris County from Highway 116 south to the Muscogee County line is designated as the "Chet Atkins Parkway". BE IT FURTHER RESOLVED that the portion of U.S. 278 in Paulding County is desig nated as the "Wendy Bagwell Parkway". BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the parkways. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Trans portation and to Chet Atkins. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the family of the late Wendy Bagwell. On the adoption of the substitute, the yeas were 36, nays 0, and the Dean substitute was adopted. Pursuant to Senate Rule 143, action on HR 245 was suspended, and the resolution was placed on the General Calendar. 1024 JOURNAL OF THE SENATE SENATE RULES CALENDAR Thursday, March 13, 1997 THIRTY-FIRST LEGISLATIVE DAY SB 312 Minors -- precautions by computer facilities generating harmful material (Sub stitute) (Amendment) (ST&I--6th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 11, 1997.) SB 249 Abandoned Motor Vehicle -- removal, storage, liens (Amendment) (Trans--3rd) SB 261 Nonprofit Hospital Authority -- subject to certain conflicts of interest (SLGO-- G--42nd) SB 130 Public Service Commission -- maximum penalties recoverable (Substitute) (F&PU--44th) SB 267 Public Assistance -- establish social assistance register (Substitute) (H&HS-- 37th) SB 298 Alcoholic Beverage Sale -- increase minimum distance from church, school (Substitute) (Amendment) (C Aff--43rd) SB 106 Mandatory School Attendance -- increase to age 18 (Substitute) (Amendment) (Ed--12th) SB 318 Municipalities -- private contracts for water, sewer operations (Amendment) (SLGO--G--10th) SB 113 Municipal Elections -- reapportionment of districts (Amendment) (Reappor-- 33rd) SB 344 Professional Licenses -- judicial review of examining board decisions (SLGO-- G--18th) SR 203 Republic of China on Taiwan -- urge support for United Nations membership (Int Coop--18th) SR 50 Sam Nunn Tribute Commission -- create (Rules--18th) SR 145 Joint Study Commission on Chronic and Long-Term Care -- create (Substitute) (Amendments) (C Aff--22nd) SB 279 Medical Care Savings Account and Trust Act -- provide (I&L--4th) SB 336 School System Multiyear Contract with Other Systems -- exclude certain limi tations (Ed--44th) SB 335 Military Leave by Public Employee -- salary payment for 18 days (D&VA-- 4th) SB 2 Drivers' License -- prohibit fingerprinting, destroy certain records (Substitute) (Trans--34th) SR 73 Joint Guardianship Rewrite Committee -- recreate (Judy--42nd) SR 180 U.S. Congress -- urge adopt balanced budget amendment (SLGO--G--51st) THURSDAY, MARCH 13, 1997 1025 SB 25 State School Superintendent -- repeal certain qualification provisions (Ed-- 42nd) SR 159 Executive Branch Officers, Agencies -- information on certain state projects (SLGO--G--3rd) SB 316 Concealing Death of Another -- felony (S Judy--28th) SR 205 Republic of Poland -- urge support admission to North Atlantic Treaty Organi zation (Int Coop--10th) SB 39 Sex Offender Registration -- release of information (Substitute) (S Judy--6th) SB 82 Drivers' Licenses -- distinguish persons convicted of DUI (Pub Saf--35th) SR 249 Joint Study Committee on Comprehensive Revision of Elections Code -- create (Rules--8th) SR 151 Joint Study Committee on Baldwin County State Properties--create (Rules-- 25th) SB 198 Special License Plates -- retired reservists (Trans--37th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bill of the Senate, having been read the third time and final action suspended on March 11, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 312. By Senator Boshears of the 6th: A bill to amend Chapter 1 of Title 39 of the Official Code of Georgia Annotated, relating to minors in general, so as to provide that persons who operate comput er facilities which contain material which is harmful to minors shall take appro priate precautions not to violate the laws prohibiting electronic dissemination of such material to minors. The committee substitute and the Land, Balfour amendment, adopted on March 11, as they appear in the Journal of March 11, were automatically reconsidered. On the adoption of the amendment, the yeas were 33, nays 0, and the Land, Balfour amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the 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: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins 1026 JOURNAL OF THE SENATE James Johnson of 2nd Johnson of 1st Kernp Lamutt Land Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Those not voting were Senators: Abernathy Balfour Clay Crotts Henson (excused) Langford On the passage of the bill, the yeas were 48, nays 0. Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker Taylor Thompson (excused) The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills were read the third time and put upon their passage: SB 249. By Senator Kemp of the 3rd: A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or stor ing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure. The Senate Transportation Committee offered the following amendment: Amend SB 249 by striking lines 11 through 13 of page 5 and inserting in lieu thereof the following: "notification or advertisement. Piiui Lu acqiiiimg such lien, the peisuii must have cumptred with ttie~iequiiemtintij uf such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2.'" On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr THURSDAY, MARCH 13, 1997 1027 Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Those not voting were Senators: Abernathy Griffin Henson (excused) Langford Tysinger Walker Taylor Thompson (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 261. By Senators Harbison of the 15th, Oliver of the 42nd and Thomas of the 10th: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the rights, benefits, purposes, and powers of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority and to subject the directors thereof to certain restrictions involving conflicts of inter est; to provide for statutory construction. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Griffin Harbison Henson (excused) Hill Ragan Ray Thompson (excused) On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 130. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd: A bill to amend Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, so as to increase the maximum penalties. 1028 JOURNAL OF THE SENATE The Finance and Public Utilities Committee offered the following substitute to SB 130: A BILL To be entitled an Act to amend Code Section 46-2-91 of the Official Code of Georgia Anno tated, relating to penalties recoverable before the Public Service Commission, so as to in crease the maximum 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. Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recov erable before the Public Service Commission, is amended by striking in its entirety subsec tion (a) and inserting in lieu thereof the following: "(a) Any person, firm, or corporation (referred to in this Code section as a 'utility') subject to the jurisdiction of the commission, which utility willfully violates any law adminis tered by the commission or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed $1,000.00 $15,000.00 for such violation and an additional penalty not to exceed $500.00 $10,000.00 for each day during which such violation continues." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger Walker THURSDAY, MARCH 13, 1997 1029 Those not voting were Senators: Abernathy Harbison Henson (excused) Hill Ragan Thomas of 10th 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. SB 267. By Senators Clay of the 37th, Johnson of the 1st, Ray of the 48th and others: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," so as to pro vide for the establishment of a social assistance register; to provide for the list ing in such register of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives. The Senate Health and Human Services Committee offered the following substitute to SB 267: A BILL To be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," so as to provide for the establishment of a social assistance register; to provide for the listing in such regis ter of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives; to provide for the dissemination of the names of such entities and individuals to those in need; to provide for the powers and duties of the Department of Human Resources in connection with such register; 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 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Public Assistance Act of 1965," is amended by inserting at the end thereof a new Code Section 49-4-19 to read as follows: "49-4-19. It shall be the duty of the department to establish and maintain a social assistance regis ter and to provide for the listing in such register of groups, associations, organizations, and individuals who notify the department or any county department of family and chil dren services that they are willing to assist citizens who are receiving public assistance or who need aid to improve or ensure the quality of their lives. The department shall provide for the dissemination of the names of such entities and individuals to those in need of assistance. It shall be the further duty of the department to publicize the exist ence of the social assistance register and to inform the public of the opportunities which members of the public have to enrich the lives of others." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. 1030 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Henson (excused) Streat Thompson (excused) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 298. By Senator Stokes of the 43rd: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to increase the minimum distance from any church or school in which the sale of alcoholic beverages is permissible. The Senate Consumer Affairs Committee offered the following substitute to SB 298: A BILL To be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to increase the minimum distance from any church or school in which the sale of alcoholic beverages is permissible; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 13, 1997 1031 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, is amended by striking subsection (a) and inserting in lieu thereof the following: "(a)(l) No person knowingly and intentionally may sell or offer to sell: (A) Any distilled spirits in or within 100 y aids 300 yards of any church building or within 200 yai Js uf any, school building, educational building, school grounds, or col lege campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license; (B) Any wine or malt beverages within 100 yaids 300 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981 1997, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new li cense is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application; (C) Any distilled spirits, wine, or malt beverages within 100 yaids 300 yards of an alcoholic treatment center owned and operated by this state or any county or munici pal government therein. This paragraph shall not apply to any business having a li cense in effect on July 1, 1981 1997, nor to the renewal of any such license. (2) As used in this subsection, the term 'school building' or 'educational building' shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Henson of the 55th, Stokes of the 43rd offered the following amendment: Amend the committee substitute to SB 298 by adding on line 23 after such license; the sentence, "Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application; On the adoption of the amendment, the yeas were 31, nays 2, and the Henson amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort 1032 JOURNAL OF THE SENATE Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Henson (excused) Stokes Streat Thompson (excused) On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 106. By Senators Taylor of the 12th, Marable of the 52nd, Hooks of the 14th and others: A bill to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotat ed, relating to mandatory education for children between ages seven and 16, so as to increase the mandatory school attendance age to 18 years. The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 March 11, 1997 The Honorable Mark Taylor State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 106(LC 19 3518S) Dear Senator Taylor: This bill would increase the mandatory school attendance age from 16 to 17 years. This bill would also require children on probation to maintain satisfactory attendance records, satisfactory disciplinary records, and passing grade point averages in school as a condition of their probation. Currently the drop out rate in Georgia's schools stands at approximately 40 percent. Given this current trend and dropout pattern, if the mandatory school attendance age is changed from sixteen to seventeen, an assumption will be made that more students will be retained in school. If the actual 1996 school year dropouts between the ages of 15 and 17 are retained, this would be an addition to the student population of approximately 30,000. If all actual 1996 school year dropouts are retained, this would be an addition to the stu dent population of approximately 40,000. Based on these actual dropouts and a cost of THURSDAY, MARCH 13, 1997 1033 $2,000 per FTE (cost of a high school student), the change in the mandatory school attend ance age could cost the state between $60 to $80 million in additional QBE formula fund ing. Additionally, when training and experience funds are paid to the teachers of these retained students, the state fund cost is increased by an additional $26 to $35 million. The total approximate cost could range between $86 and $115 million for the retained students. Retention of between 30,000 and 40,000 students would result in necessary capital outlay costs for additional classrooms. Using an average class size of 25, an additional 1,200 to 1,600 classrooms would be needed to house the retained students. At a cost per additional classroom of approximately $158,000, total capital outlays could range between $190 million to $253 million. These costs do not include site acquisition, development, fur niture and non-fixed equipment and athletic facilities. In FY 1995, approximately 23,000 Georgia children were placed on probation. Data is not readily available to detail the number of these children who remained in school during the terms of their probations. However, we can assume that should a child break the condi tions of the probation as outlined under the provisions of this bill, the courts would remand the child to either a detention center or a youth development campus. In FY96, the cost to house a child for one day in a detention center was approximately $53 with an average stay of 21.3 days for a total cost of $1,200. Currently, the cost associated with housing a child for one day in a youth development campus is $90.00. It should be further noted that at this time both the youth detention centers and the youth development campuses are oper ating at above capacity limits. Adding clients to this system could result in further capital outlay costs for the construction of additional youth centers. Sincerely, Isl Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The State Senate Senate Research Office 204 Legislative Office Building 18 Capitol Square Atlanta, Georgia 30334 February 27, 1997 MEMORANDUM TO: Senator Richard Marable Senator Mark Taylor FROM: Lee Posey, Policy Analyst SUBJECT: Information Regarding Senate Bill 106 You asked for information showing the cost of incarceration to use as a comparison with the cost of raising the mandatory school age to 18. According to the Department of Corrections, the average cost to house a Georgia state inmate is $47.78 per day and $17,400 per year. Depending on the security level of the prison, (i.e., maximum or minimum secur ity), the costs may run higher or lower than this average. I have attached a copy of a table entitled "FY96 Average Cost Per State Inmate Per Day By State Prison," which shows the population of each prison in Georgia and the cost per inmate. The 1,000-bed prison in Wilcox County cost $24,491,000 to build in 1994. I have also attached an updated copy of the OPB analysis of this bill. I will be glad to answer any questions you might have concerning the assumptions underlying their analy sis. Their major assumption, that 14,118 more students might be retained as a result of this law, leads them to project a cost of $40,616,364 (state funds only) if this bill is passed. Obviously, this is simply a projection, one based on the present dropout rate. However, you may want to keep in mind that it does cost $2,876.91 in state funds to keep a child in a high 1034 JOURNAL OF THE SENATE school one year. If Senator Taylor proves correct in his prediction that 1,000 more students might be kept in school with the passage of this bill, the cost would still be $2.8 million. I feel I need to stress the fact that there is no data on what the cost would be in terms of local funds or construction costs, but there would definitely be costs to the local systems. The state cost for building a new high school for 1,000 students is $6,833,160. You had also inquired about the enforcement procedure regarding the mandatory school age. Code Sections 20-2-693 through 20-2-720 are attached. Please note Code Sec tion 20-2-694 which states that county and local boards and local superintendents are re sponsible for administering the law in conjunction with the cooperation of other state and county agencies and in cooperation with administrators of home schools and parents/ guardians providing a home study course. School systems mostly rely on school social workers to track down truants. State funds are provided for school social workers at a ratio of one for every 3,300 students, or one for every base-sized system. Obviously, their work load would be greatly increased with the passage of S.B. 106. I have also attached a copy of the DOE Rules and Regulation regarding dropout prevention. I hope that this information will be useful to you. If the information is not sufficient for your purposes, I will be happy to try and expand on this memorandum before Monday's meeting. FY 96 AVERAGE COST PER STATE INMATE PER DAY BY STATE PRISON July 1, 1995 - June 30, 1996 State Prisions Arrendale SP Augusta SMP* Autry SP Burruss SP ** Calhoun SP Central SP Coastal SP Dodge SP Dooly SP Eastman YDF Jackson SP Georgia SP Hancock SP Hays SP Johnson SP LeeSP Lowndes SP Macon SP Metro SP Baldwin SP Bostick SP FY96 Average Annual FY96 Cost/ FY95 Cost/ Population Total Costs Cost/Inmate Inmate/Day Inmate/Day 1,204 27,347,311 22,714 62.23 60.92 633 28,740,071 45,403 124.39 133.77 1,106 15,400,810 13,925 38.15 35.44 378 8,060,497 21,324 58.42 58.40 1,013 12,866,426 12,700 34.80 43.23 754 12,172,299 16,144 44.23 43.42 917 14,727,642 16,061 44.00 42.30 852 10,846,209 12,730 34.88 36.47 1,067 13,791,530 12,926 35.41 40.32 114 3,807,875 33,402 91.51 99.00 1,504 23,601,104 15,692 42.99 38.47 1,208 31,683,628 26,228 71.86 70.65 974 14,247,898 14,628 40.08 43.48 1,081 19,332,060 17,883 49.00 46.21 981 13,326,981 13,585 37.22 31.95 504 8,261,231 16,391 44.91 46.97 320 4,520,743 14,127 38.70 39.16 966 13,335,358 13,805 37.82 44.48 640 14,916,973 23,308 63.86 81.16 799 14,455,213 18,092 49.57 59.10 542 8,083,383 14,914 40.86 44.48 THURSDAY, MARCH 13, 1997 1035 State Prisions Men's SP Rivers SP Scott SP Milan SP Montgomery SP Phillips SP Pulaski SP Rogers SP *** Rutledge SP Smith SP Telfair SP Valdosta SP Walker SP Ware SP Washington SP Wayne SP Wilcox SP Homerville PRO TOTALS FY96 Average Annual FY96 Cost/ FY95 Cost/ Population Total Costs Cost/Inmate Inmate/Day Inmate/Day 609 9,259,722 15,205 41.66 41.42 975 15,049,432 15,435 42.29 41.38 1,038 16,720,954 16,109 44.13 42.74 198 3,584,006 18,101 49.59 64.08 357 6,343,721 17,770 48.68 46.28 941 20,400,681 21,680 59.40 60.72 626 13,333,637 21,300 58.36 79.93 1,068 19,189,327 17,968 49.23 46.49 591 9,722,003 16,450 45.07 42.88 989 14,636,826 14,800 40.55 42.80 997 14,259,993 14,303 39.19 39.72 836 17,216,229 20,594 56.42 56.32 354 4,886,626 13,804 37.82 35.59 1,146 19,255,175 16,802 46.03 44.98 711 13,616,137 19,151 52.47 46.78 193 3,371,640 17,470 47.86 41.54 1,057 13,004,695 12,303 33.71 37.55 175 3,100,250 17,716 48.54 Unknown 30,418 530,475,299 17,440 47.78 48.91 * Augusta State Medical Prison -- Primary Medical Support Location ** Burruss SP -- Training Center *** Rogers SP -- Food and Farm Support Location The Senate Education Committee offered the following substitute to SB 106: A BILL To be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to increase the mandatory school attendance age to 17 years; to provide for exceptions; to provide that children on probation shall maintain satisfactory attendance records, satisfactory discipli nary records, and a passing grade point average in school as a condition of probation until they have graduated or received a general educational development (GED) equivalency di ploma or completed their probation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, is amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, and inserting in lieu thereof a new subsection (a) to read as follows: 1036 JOURNAL OF THE SENATE "(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixtebiiLli seventeenth birth days shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The enrollment and attendance requirements of this Code section shall not apply to any person who has com pleted all high school grades or a home study program, or received a high school diploma, a high school general educational development (GED) equivalency diploma, a special di ploma, or a certificate of high school completion, or is enrolled in an adult literacy pro gram, postsecondary technical school, or adult vocational center or who provides a signed agreement between the student, the student's parents or parent or guardian, the stu dent's principal, or the superintendent of the student's school system which states that the student has enrolled in a certified general educational development (GED) program." SECTION 2. Said subpart is further amended by adding at the end thereof a new Code Section 20-2-704 to read as follows: "20-2-704. Notwithstanding any contrary provisions of law, a child placed on probation pursuant to Chapter 11 of Title 15 shall, as a condition of probation, maintain a satisfactory attend ance record, a satisfactory disciplinary record, and a passing grade point average in school until the earlier of the child's receipt of a high school diploma or a general educa tional development (GED) equivalency diploma or the completion of probation." SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Taylor of the 12th offered the following amendment: Amend the Committee substitute to SB 106 by adding on line 18 of page 2 the following "The student's attendance records shall be provided on a quarterly basis by the General Educational Development (GED) program to the superintendent of the stu dent's former school system and the principal of the student's former school. The su perintendent is authorized to declare the student truant based on these attendance records." On the adoption of the amendment, the yeas were 42, nays 0, and the Taylor amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. THURSDAY, MARCH 13, 1997 1037 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Dean Fort Gillis Griffin Harbison Hill Hooks Huggins James Johnson of 2nd Kemp Madden Marable Middleton Oliver Perdue Ragan Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Turner Walker Those voting in the negative were Senators: Balfour Burton Cagle Cheeks Clay Crotts Egan Glanton Gochenour Guhl Johnson of 1st Lamutt Land Langford Price of 28th Price of 56th Ralston Ray Roberts Streat Tanksley Tysinger Not voting were Senators Henson (excused) and Thompson (excused). On the passage of the bill, the yeas were 32, nays 22. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Thomas of the 54th introduced the doctor of the day, Dr. John Antalis of Dalton, Georgia. At 12:11 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. The President called the Senate to order at 1:30 P.M. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. Senator Clay of the 37th moved that Senator Gochenour of the 27th be excused. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Gochenour was excused. The Calendar was resumed. SB 318. By Senator Thomas of the 10th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private per sons for the operation and maintenance of its water system or sewer system or both. Senator James of the 35th offered the following amendment: Amend Senate Bill 318 by adding at the end of line 23 of page 1 the following language "Any such leases or contracts which are entered into which effectively terminate the em ployment of any employees of the water or sewer department of a municipality shall con tain a provision giving said employees priority employment rights with the party contracting with the municipality. Such terminated employees of the affected municipal 1038 JOURNAL OF THE SENATE water or sewer department shall also have priority reemployment rights with said munici pality in other departments of the municipality. On the adoption of the amendment, the yeas were 9, nays 31, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Hill Huggins James Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those voting in the negative were Senators: Brown of 26th Fort Langford Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Hooks Johnson of 2nd Perdue (presiding) Tanksley Thompson (excused) On the passage of the bill, the yeas were 45, nays 3. The bill, having received the requisite constitutional majority, was passed. SB 113. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 36-35-4.1 of the Official Code of Georgia Annotat ed, relating to a reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is au thorized, from time to time, to reapportion or modify the election districts from which members of the municipal governing authority are elected. The Senate Reapportionment Committee offered the following amendment: Amend SB 113 by adding at the end of line 12 of page 1 the following: "to provide certain limitations on such reapportionment;" By adding at the end of line 24 of page 1 between the word "election" and the period, the following: "; provided, however, that no single such reapportionment shall result in the redistricting of more than 600 persons, and no such reapportionment shall occur within 180 days of a general municipal election or municipal primary or general election or general primary" On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. THURSDAY, MARCH 13, 1997 1039 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Voting in the negative were Senators Harbison and Land. Those not voting were Senators: Abernathy Brown of 26th Gochenour (excused) Henson (excused) Johnson of 2nd Perdue (presiding) Tanksley Thompson (excused) On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. SB 344. By Senator Perdue of the 18th: A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts 1040 JOURNAL OF THE SENATE Scott Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Voting in the negative were Senators Egan and Glanton. Those not voting were Senators: Blitch Bowen Gochenour (excused) Henson (excused) James Johnson of 2nd Starr Thomas of 10th On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed. SR 203. By Senators Perdue of the 18th, Clay of the 37th and Oliver of the 42nd: A resolution urging the Clinton administration to support the application of the Republic of China on Taiwan for membership in the United Nations. 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 Broun of 46th Brush Burton Cagle Cheeks Crotts Dean Gillis Glanton Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Voting in the negative was Senator Guhl. Those not voting were Senators: Abernathy Bowen Brown of 26th Clay Egan Fort Gochenour (excused) Griffin Henson (excused) Johnson of 2nd Middleton Scott Starr Thomas of 10th Tysinger Walker On the adoption of the resolution, the yeas were 39, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SR 50. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution creating the Sam Nunn Tribute Commission. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, MARCH 13, 1997 1041 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Crotts Dean Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Clay Egan Gochenour (excused) Henson (excused) Johnson of 2nd Perdue Ragan On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 145. By Senators Walker of the 22nd, Clay of the 37th and Stokes of the 43rd: A resolution creating the Joint Study Commission on Chronic and Long-term Care. The Senate Consumer Affairs Committee offered the following substitute to SR 145: A RESOLUTION To create the Georgia Long-Term Care Study Commission; to provide for appointment, compensation, powers, and duties of the commission; to provide for a chairperson; to pro vide for staff; to provide for submission of the Georgia Long-Term Care Study Commission's findings regarding comprehensive, long-range plans to enable the state to prepare for fu ture increased demands for long-term care; to provide for its abolishment; to repeal conflict ing laws; and for other purposes. WHEREAS, the State of Georgia is in need of a comprehensive and coordinated strategic plan for meeting the long-term needs of the chronically ill and disabled citizens of the state; and WHEREAS, responsibility for efficient planning for these future needs is presently divided among a number of state agencies; and WHEREAS, it is in the best interest of the citizens of Georgia that the state's effort in the area of long-term care be guided by a master plan to assure that disabled and chronically ill citizens receive appropriate services in the most effective and efficient manner possible. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The Georgia Long-Term Care Care Study Commission is created. The members of the commission shall be as follows: 1042 JOURNAL OF THE SENATE (1) Six members to be appointed by the Governor; (2) Six members to be appointed by President of the Senate; (3) Six members to be appointed by Speaker of the House of Representatives; (4) The Commissioner of the Department of Medical Assistance; (5) The Commissioner of the Department of Human Resources; (6) The Director of the Office of Planning and Budget; and (7) The Director of the State Health Planning Agency. The total membership of the com mission shall be 22 members. (b) To be eligible for appointment, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of two years prior to the time of appoint ment. Members appointed by the Governor, the President of the Senate, and the Speaker of the House shall represent, to the extent practicable, long-term care service providers, advocacy and advisory groups, recipients of long-term or chronic care, third party payors or insurers of long-term care, and citizens at large. (c) If a vacancy shall occur on said commission for any reason, the person making the origi nal appointments shall, within 30 days of any such vacancy, appoint an individual to fill such vacancy. Notwithstanding the foregoing, any vacancy which occurs within 90 days prior to the submission of the findings and recommendations of the commission as provided in Section 4 of this Act need not be filled but may, at the option of the commission, be filled in its discretion. (d) Fifteen members of the study commission shall constitute a quorum for the transaction of business. (e) The study commission may appoint advisory committees or subcommittees from among the general populace by a majority vote of its membership and the members of such advi sory groups need not be residents of Georgia; provided, however, that the commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to such advisory committees or subcommittees. Whether such committees are suggested by the chairperson or any study committee, the appointment must be ratified by a majority of a quorum of the commission. Any such advisory commit tee or subcommittee so appointed shall serve at the discretion of the commission and shall serve as such subject to such terms, conditions, and charges as may be imposed upon it by the commission. Professional consultants on specific topics may be employed. SECTION 2. (a) All members of the commission shall be appointed by July 1, 1997. The Governor shall designate a member of the commission to serve as initial chairperson of the commission. The organizational meeting shall be held at the call of the chairperson. At the organiza tional meeting, the commission shall elect from its own membership a permanent chairper son and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desira ble. The commission may meet at such times and places as may be necessary to carry out its duties. All meetings of the commission shall be open to the public. The Health Policy Center of Georgia State University is authorized to provide the necessary staff to assist the commission in its study. (b) The members of the study commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. Legislative members shall receive the expenses and al lowances authorized for legislative members of interim legislative committees. Members of the commission who are employees of the state shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of tne expenses of any state employee shall come from funds appropriated THURSDAY, MARCH 13, 1997 1043 to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. (c) The study commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (d) All public officials and employees of the State of Georgia upon request shall furnish the commission with all documents, books, records, data, and information necessary or appro priate in the opinion of the commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. Such testimony shall be under oath and recorded by a public ste nographer if required by the commission or an appropriate subcommittee with the approval of the chairperson. SECTION 3. The General Assembly delegates its power to the study commission, and the commission shall be authorized to make a systematic study which shall include, but not be limited to, the following subjects: study of future service needs for long-term care; development of a strategic plan addressing those future service needs, including organizational delivery of state resources; determination of mechanisms to address those needs; and identification of incentives that would assist individuals and families to meet their long-term care needs. SECTION 4. The commission shall complete its study and submit its recommendations to the Governor and the General Assembly on or before July 1, 1999, and the commission shall stand abol ished on such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Walker of the 22nd and Clay of the 37th offered the following amendment: Amend the committee substitute to SR 145 by striking "Six" and inserting "Eight" on lines 27, 28, and 30 of page 1. By adding "and" after the semicolon on line 29 of page 1. By striking the semicolon and adding a period on line 31 of page 1. By striking lines 32 through 34 of page 1 and lines 1 and 2 of page 2 and inserting "The" in their place. By striking "22" and inserting "24" on line 3 of page 2. By striking "and" on line 12 of page 2 and adding before the period on line 12 of page 2 the following: ", and members of the House of Representatives and Senate". By striking "Fifteen" and inserting "Twelve" on line 22 of page 2. By striking "chairperson" and inserting "convenor" on line 42 of page 2 and on line 2 of page 3. By striking "The" on line 9 of page 3 and striking lines 10 through 12 of page 3. On the adoption of the amendment, the yeas were 34, nays 0, and the Walker, Clay amendment to the committee substitute, was adopted. 1044 JOURNAL OF THE SENATE Senator Walker of the 22nd offered the following amendment: Amend the committee substitute to SR 145 by striking on page 1, line 25, "Care Care" and inserting in lieu thereof the word "Care". On the adoption of the amendment, the yeas were 30, nays 0, and the Walker amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Clay Gochenour (excused) Henson (excused) Johnson of 2nd On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SB 279. By Senators Hill of the 4th, Johnson of the 1st, Perdue of the 18th, Thompson of the 33rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings Account and Trust Act"; to provide for a short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts and medi cal care savings accounts; to provide for the maximum amount that may be de posited in a medical care savings account. Senator Hill of the 4th offered the following amendment: Amend SB 279 by striking "20A" and inserting in its place "20B" wherever it appears on lines 26, 27, 28, and 31 of page 1; on line 9 of page 3; on line 34 of page 6; on line 1 of page 10; on lines 22 and 35 of page 11; on lines 8 and 31 of page 12; and on line 19 of page 13. THURSDAY, MARCH 13, 1997 1045 By inserting between lines 21 and 22 of page 3 the following: "(C.I) An insurance agent or agency licensed pursuant to Chapter 23 of this title;". By striking lines 11 through 24 of page 4 and inserting in lieu thereof the following: "(5) 'Dependent' means a person who meets the eligibility requirements for insurance coverage under Code Section 33-24-28, paragraph (3) of subsection (a) of Code Section 3329-2, or paragraph (4) of Code Section 33-30-4.". By striking line 30 of page 6 and inserting in lieu thereof the following: "wants to participate, subject to normal underwriting criteria.". By inserting between lines 21 and 22 of page 11 the following: "33-20B-5.1. Notwithstanding any provision of this chapter to the contrary, the holder of an account which qualifies as a medical savings account for purposes of Subtitle A of Title III of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, may withdraw money from his or her account only in accordance with the provisions of said Act.". By striking line 37 of page 11 and inserting in lieu thereof the following: "the first day of January, 1999, to the Senate Committee on". On the adoption of the amendment, the yeas were 40, nays 0, and the Hill amendment to SB 279 was adopted. Senator Price of the 56th offered the following amendment: Amend SB 279 by adding on page 13, after line 23: Section 5. This Act shall become effec tive on July 1, 1997. On the adoption of the amendment, the yeas were 34, nays 0, and the Price amend ment to SB 279 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Brown of 26th Griffin Stokes Walker Not voting were Senators Gochenour (excused) and Henson (excused). 1046 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 4. The bill, having received the requisite constitutional majority, was passed as amended. SB 336. By Senators Starr of the 44th and Marable of the 52nd: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of a school system to enter into multiyear lease, purchase, or lease purchase contracts, so as to exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Blitch Gochenour (excused) Henson (excused) Roberts On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 335. By Senators Hill of the 4th and Harbison of the 15th: A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertain ing to military personnel, so as to provide that a public employee will be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the 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 THURSDAY, MARCH 13, 1997 1047 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Blitch Gochenour (excused) Henson (excused) Thompson Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 2. By Senators Glanton of the 34th, Thomas of the 10th and Gochenour of the 27th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of cer tain fingerprint records; to provide for certain disclosures; to prohibit the re quirement of fingerprinting and similar identification of applicants for drivers' licenses. The Senate Transportation Committee offered the following substitute to SB 2: A BILL To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to repeal the requirement of fingerprinting and similar identification of applicants for drivers' licenses; to repeal the requirement of fingerprinting and similar identification of applicants for identification cards issued by the Department of Public Safety; to repeal the requirement of fingerprinting and similar identification of applicants for identification cards for persons with disabilities issued by the Department of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, is amended by striking subsection (1) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licenses, and inserting in its place the following: "(1) (1) 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. (2) Not later than 90 days after the effective date of this paragraph, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to the 1048 JOURNAL OF THE SENATE effective date of this paragraph from applicants for drivers' licenses, identification cards, and identification cards for persons with disabilities issued by the department." SECTION 2. Said title is further amended by striking Code Section 40-5-28, relating to issuance of licenses and fingerprinting of applicants, and inserting in its place the following: "40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualify ing therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but willxuut limitation, Llie depaiUiient may requne applicants tOaujjiiiit liii^ei ^JL iiitci DymeansCJI aniiilvlcsoliii^d pi nit suctiiiiing lie v iue u^juii SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relat ing to issuance, contents, and possession of identification cards, and inserting in its place the following: "(a) The Department of Public Safety shall issue personal identification cards to all resi dents as defined in Code Section 40-5-1 who make application to the department in ac cordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Location where the identification card was issued; and (10) Signature of person identified or facsimile thereof;. (11) Fingerprint uf Lhe peisuii identified, and (12) Such olliei iufuiuiatiuii ui ideiiliflcatkm as inquired by tlie depailinenl." SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relat ing to issuance and contents of identification cards for persons with disabilities, and in serting in its place the following: "(a) The Department of Public Safety shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and THURSDAY, MARCH 13, 1997 1049 regulations prescribed by the Board of Public Safety. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; and (11) Signature of person identified or facsimile thereof;. \ A) p ril^eFpfillt Ol ^Jei'bOii iCltHiLiiicuj CIIILI (lo ) oUCll Otiit;r iillui iiiH-tiuii city i't;Cju.ii'eCi try1 Lilt; CltJpcnTilitJiit. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Griffin Guhl Harbison Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Bowen Egan Gillis Marable Ragan Streat Tysinger 1050 JOURNAL OF THE SENATE Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Hill Perdue On the passage of the bill, the yeas were 44, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Glanton of the 34th moved that SB 2 be immediately transmitted to the House. On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 2 was immedi ately transmitted. SR 73. By Senators Oliver of the 42nd, Tanksley of the 32nd and Thomas of the 10th: A resolution re-creating the Joint Guardianship Rewrite Committee. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Hill Starr On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 180. By Senators Ralston of the 51st, Taylor of the 12th, Clay of the 37th and Langford of the 29th: A resolution urging the United States Congress to adopt the balanced budget amendment. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, MARCH 13, 1997 1051 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Brown of 26th Fort Harbison Stokes Walker Those not voting were Senators: Abernathy Broun of 46th Gochenour (excused) Henson (excused) Land Taylor On the adoption of the resolution, the yeas were 45, nays 5. The resolution, having received the requisite constitutional majority, was adopted. SB 25. By Senators Oliver of the 42nd, Egan of the 40th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, so as to repeal certain provisions relating to the qualifications of the state school superintendent. Senators Marable of the 52nd, Brush of the 24th, Ragan of the llth, and Cagle of the 49th offered the following amendment: Amend SB 25 by striking in their entirety lines 1 through 28 of page 1 and inserting in lieu thereof the following: "Proposing an amendment to the Constitution so as to provide for qualifications of the State School Superintendent; to provide for the submission of this amendment for ratifi cation or rejection; to provide for applicability; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article V, Section III, Paragraph II of the Constitution is amended by inserting immedi ately following subparagraph (b) a new subparagraph (c) to read as follows: '(c) No person shall be State School Superintendent unless such person holds a five-year degree from an accredited college or university and shall have been employed as a teacher for three years.' SECTION 2. Article VIII, Section III of the Constitution is amended by striking Paragraph I and in serting in lieu thereof a new Paragraph I to read as follows: 1052 JOURNAL OF THE SENATE 'Paragraph I. State School Superintendent. There shall be a State School Superinten dent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such com pensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such mem ber shall have been appointed.' SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: '( ) YES Shall the Constitution be amended so as to provide for qualifications of the ( ) NO State School Superintendent?' All persons desiring to vote in favor of ratifying the proposed amendment shall vote Tes.' 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. SECTION 4. This amendment shall apply to any person taking office as State School Superintendent following the general election held in 2002 or at any time thereafter."' Senator Egan of the 40th requested a ruling by the Chair as to the germaneness of the amendment. The President ruled that the amendment was not germane. Senators Clay of the 37th and Price of the 56th offered the following amendment: Amend SB 25 by adding after the word "Superintendent" on line 15 of page 1, the words "or the Superintendent of any local school system in Georgia," Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Clay of the 37th and Price of the 56th offered the following amendment: Amend SB 25 by: SECTION 2. Amend Article 5 of Chapter 2 of Title 20 by adding new subsection (h) to 20-2-101 to read: (h) No person shall be eligible to be appointed or employed as Superintendent of Schools of any county or independent school system unless said person is of good moral character and has never been convicted of any crime involving moral turpitude. SECTION 3. Amend 20-2-108 by adding "local school superintendents shall not be subject to certification and classification by the Professional Standards Commission." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Broun of 46th Brush Burton Cagle Clay THURSDAY, MARCH 13, 1997 1053 Glanton Guhl Johnson of 1st Langford Price of 28th Price of 56th Ray Tysinger Those voting in the negative were Senators: Blitch Boshears Bowen Brown of 26th Cheeks Crotts Dean Egan Fort Gillis Griffin Harbison Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton Oliver Perdue Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Walker Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Hill Thomas of 10th On the adoption of the amendment, the yeas were 14, nays 37, and the Clay amend ment to SB 25 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Middleton Oliver Perdue Price of 28th Ray Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Brush Burton Cagle Cheeks Clay Guhl Huggins Lamutt Madden Marable Price of 56th Ragan Roberts Tanksley Thomas of 54th Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Ralston On the passage of the bill, the yeas were 37, nays 15. The bill, having received the requisite constitutional majority, was passed. 1054 JOURNAL OF THE SENATE Senator Oliver of the 42nd moved that SB 25 be immediately transmitted to the House. On the motion, the yeas were 37, nays 7; the motion prevailed, and SB 25 was immedi ately tranmitted. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. SR 159. By Senators Kemp of the 3rd, Johnson of the 2nd, Taylor of the 12th and others: A resolution requesting officers and agencies of the executive branch to provide information with respect to state projects to local legislative delegations. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative was Senator Guhl. Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) James Perdue (presiding) Tanksley Taylor Walker On the adoption of the resolution, the yeas were 47, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SB 316. By Senators Langford of the 29th, Price of the 28th and Madden of the 47th: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the provisions relating to the offense of concealing the death of another person; to provide that a person who, by concealing the death of any other person, hinders a discovery of such death shall be guilty of a felony; to provide penalties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th THURSDAY, MARCH 13, 1997 1055 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) Perdue (presiding) Starr Tanksley Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Thomas of 54th Thomas of 10th Turner Tysinger Walker Taylor 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 disagreed to the Senate substitute to the following bill of the House: HB 97. 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 change certain provisions relating to fees and charges gener ally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. The House has passed by the requisite constitutional majority the following bill of the House: HB 706. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd 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 change certain provi sions authorizing certain counties and municipalities to levy such tax under cer tain conditions. The Calendar was resumed. SR 205. By Senator Thomas of the 10th: A resolution urging the President and Congress of the United States to support the admission of the Republic of Poland to the North Atlantic Treaty Organiza tion. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 1056 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Guhl and Tanksley. Those not voting were Senators: Abernathy Gochenour (excused) Henson (excused) James Perdue (presiding) Price of 28th Starr On the adoption of the resolution, the yeas were 47, nays 2. The resolution, having received the requisite constitutional majority, was adopted. SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state regis tration program; to provide that the information collected under the sate regis tration program may be disclosed for any purpose authorized by state or federal law. The Senate Special Judiciary Committee offered the following substitute to SB 39: A BILL To be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Anno tated, relating to the registration of sexually violent predators, so as to require certain sex offenders to register certain information with the superintendent of the public school dis trict where the person will reside; to require the appropriate state official to provide certain information to superintendents of public school districts; to provide that certain persons who have been convicted of certain crimes in other states or territories of the United States and who are required to comply with registration requirements applicable to sex offenders in such other states prior to changing residence to Georgia shall be required to register certain information with the Georgia Bureau of Investigation; to provide that the provi sions of Code Section 42-9-44.1 shall not apply to any person who is required to register under this Code section; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 13, 1997 1057 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, is amended by adding at the end of paragraph (1) of subsec tion (b) new subparagraphs (C) and (D) to read as follows: "(C) Any person who is required to register with the Georgia Bureau of Investigation pursuant to the provisions of subparagraph (A) or (B) of this paragraph shall be required to register the information required under subparagraph (A) of this paragraph with the superintendent of the public school district where the person will reside. Any time such person changes his or her residence, such person shall register the required information and the new address of residence of such person with the superintendent of the public school district where the person will reside. (D) Any person who has been convicted in federal court or the court of another state or territory of the United States of a criminal offense which under the laws of this state would be an offense as defined under paragraph (4) or (7) of subsection (a) of this Code section and who is required to comply with registration requirements applicable to sex offenders in such other state prior to changing residence to Georgia shall be required to register the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation within 30 days after assuming residence in Georgia and shall be governed by the provisions of this Code section the same as if such person had been convicted of such crime after July 1, 1997." SECTION 2. Said Code section is further amended by striking division (b) (3) (A) (i) and inserting in lieu thereof a new division (b) (3) (A) (i) to read as follows: "(i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration and of the duty to comply with the provisions of subparagraph (C) of paragraph (1) of this subsection;" SECTION 3. Said Code section is further amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such informa tion to the Georgia Bureau of Investigation and to the superintendent of the public school district where the person furnishing such information will reside. Once the data is en tered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to main tain a register of the names and addresses of all offenders whose names have been pro vided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures con cerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification." 1058 JOURNAL OF THE SENATE SECTION 4. Said Code section is further amended by striking subsection (k) and inserting in lieu thereof a new subsection (k) to read as follows: "(k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders; provided, however, that the provisions of Code Section 42-9-44.1 shall not apply to any person who is required to register under this Code section." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Boshears of the 6th offered the following amendment: Amend the committee substitute to SB 39 by adding on line 13 of page 2, between the words "Investigation" and "within" the following: "and with the superintendent of the pub lic school district where the person will reside" On the adoption of the amendment, the yeas were 35, nays 0, and the Boshears amend ment to the committee substitute was adopted. Senators Price of the 56th, Clay of the 37th and Ralston of the 51st offered the follow ing amendment: Amend the committee substitute to SB 39 by inserting at the end of the title of such bill, immediately preceding the phrase "to repeal conflicting laws;", the following: "to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of a felony shall not be eligible for consideration for parole or other early re lease for a specified time period; to provide a definition;". By striking the last section of the bill and inserting in lieu thereof the following: "SECTION A. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding a new Code Section 42-944.2 to read as follows: '42-9-44.2. (a) Any offender convicted of and sentenced for a felony shall serve the sentence in its entirety as imposed by the sentencing court and shall not be eligible for pardon, commu tation, parole, or for any other form of early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work-release, leave, or other sentence-reducing measures under programs administered by the Department of Correc tions, the effect of which would be to reduce the period of incarceration ordered by the sentencing court; provided, however, that such offender shall be eligible for consideration for parole after the offender has served 85 percent of the sentence as imposed by the sentencing court. For the purposes of this Code section, the cumulative total of any con secutive sentences shall be treated as the sentence in determining parole eligibility. An offender sentenced to a term of life imprisonment shall be eligible for consideration for parole only after the offender has served at least 35 years. (b) The provisions of this Code section shall not be construed to repeal or modify any other restrictions on the power of the board to grant relief. (c) Notwithstanding any other provisions of this Code section, the board shall retain the power to grant a pardon to an offender otherwise subject to the provisions of this Code section who is subsequently determined to be innocent of said crime.' THURSDAY, MAECH 13, 1997 1059 SECTION B. Section A of this Act shall become effective on July 1, 1997. The remainder of this Act shall become effective as provided in any numbered section of this Act and, if not so provided, shall become effective on July 1, 1997. SECTION C. All laws and parts of laws in conflict with this Act are repealed. Senator Dean of the 31st asked for a ruling by the Chair on the germaneness of the Price amendment. Senator Perdue of the 18th, who was presiding, ruled the amendment not germane. Senator Clay of the 37th offered the following amendment: Amend the Price amendment to SB 39 by deleting lines 14, 15, and 16 on p.2 on amendment numbered AM 19 0360. Because the Price amendment was ruled not germane, the amendment offered by Senator Clay of the 37th to the Price amendment was moot. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Gochenour (excused) Henson (excused) Perdue (presiding) Walker On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 82. By Senator James of the 35th: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as 1060 JOURNAL OF THE SENATE to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses. Senator James of the 35th offered the following substitute to SB 82: A BILL To be entitled an Act to amend Code Section 40-5-85 of the Official Code of Georgia Anno tated, relating to the placement of a red stripe on the driver's license of persons convicted of driving under the influence for a second time, so as to provide for the placement of such red stripe upon the first DUI conviction; to provide for the words "CONVICTED DUI" to be printed on the driver's license of any person adjudicated a habitual violator under Code Section 40-5-58 for violations of Code Section 40-6-391, relating to driving under the influ ence; 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 40-5-85 of the Official Code of Georgia Annotated, relating to the placement of a red stripe on the driver's license of persons convicted of driving under the influence for a second time, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "40-5-85. Notwithstanding any other provision of this chapter, any person convicted within five yeais uf his ui hm fast uuiiviitiuii as measmed in paiagraph (2) uf subsection (c) uf Cude Section 40-G-391 foi a secund time of the offense of driving under the influence of alcohol or drugs in violation of Code Section 40-6-391 shall, upon compliance with all other re quirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon: and, in addition, the driver's license of any person who has been declared a habitual violator under Code Sec tion 40-5-58 as a result of convictions of violations of Code Section 40-6-391 shall bear the following words printed in boldface, capital letters along the side of the picture: 'CON VICTED DUI' After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver's license without such red stripe and identifying words, provided that he or she is otherwise enti tled to such license under the laws of this state." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the James substitute to SB 82 was adopted. Pursuant to Senate Rule 143, action on SB 82 was suspended, and the bill was placed on the General Calendar. The President resumed the Chair. SR 249. By Senators Turner of the 8th, Land of the 16th and Perdue of the 18th: A resolution to create the Joint Study Committee on Comprehensive Revision of the Elections Code; to provide for appointment, compensation, powers, and du ties of the committee; to provide for a chairperson; to provide for staff; to provide for submission of committee's findings regarding comprehensive revision of the elections code; to provide for its abolishment. THURSDAY, MARCH 13, 1997 1061 The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Gochenour (excused) Henson (excused) Starr On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 151. By Senator Griffin of the 25th: A resolution creating the Joint Study Committee on Baldwin County State Properties. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 10th Turner Tysinger 1062 JOURNAL OF THE SENATE Those not voting were Senators: Brown of 26th Crotts Gochenour (excused) Henson (excused) Tanksley Thomas of 54th Thompson Walker On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority was adopted. SB 198. By Senator Clay of the 37th: A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to special license plates for members of active reserve components of the United States, so as to allow retired reservists to retain their special license plates. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Egan Gochenour (excused) Henson (excused) Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Dean of the 31st moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 4:45 P.M., the President announced the Senate adjourned. FRIDAY, MARCH 14, 1997 1063 Senate Chamber, Atlanta, Georgia Friday, March 14, 1997 Thirty-second Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 925. By Representative Purcell of the 147th: A bill to provide for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00; to provide for definitions; to provide a homestead exemption from such taxes in the amount of $2.000.00 for certain persons aged 65 years and older. HB 927. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the powers of the mayor and board of alder- HB 928. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the elections of the mayor and aldermen. HB 931. By Representatives Hanner of the 159th, Greene of the 158th and Ponder of the 160th: A bill to provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit. HB 933. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority; to provide for the ap pointment of additional members and their terms of office. HB 935. By Representative Tillman of the 173rd: A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. SB 189. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and others: A bill to provide for the qualifications of the chief magistrate and magistrate of the Magistrate Court of Gwinnett County. 1064 JOURNAL OF THE SENATE SB 294. By Senators Ray of the 48th, Burton of the 5th, Tysinger of the 41st and others: A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption so as to change the provisions relating to income requirements; to provide for a referendum. SB 323. By Senator Madden of the 47th: A bill to provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemp tion and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal. SB 338. By Senator Price of the 28th: A bill to amend an Act creating a Board of Commissioners of Coweta County, as amended, so as to change provisions relating to the compensation of the mem bers of the board of commissioners; to repeal provisions relating to the compen sation of the members of the board of commissioners. SB 342. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor-general. HB 531. By Representatives Birdsong of the 123rd, Ray of the 128th, Jenkins of the 110th and others: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended. HB 635. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the inclusive dates of notification of intent for write-in candidates for general and special elections conducted under the provisions of such title applicable to primaries and elections generally. HB 866. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority. HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others: 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 provide that driver's edu cation shall be an authorized high school program. FRIDAY, MARCH 14, 1997 1065 HB 630. By Representative Barnes of the 33rd: A bill to amend Part 3 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, so as to change the provisions relating to transaction fees charged by operators of automated teller machines. HB 500. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th and others: A bill to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no municipality shall permit the location of certain retail liquor stores within 500 feet of another such store. HB 557. By Representative Skipper of the 137th: A bill to consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; 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 conditions under which certain chemical tests shall be admissi ble as evidence. HB 650. By Representatives Martin of the 47th and Ray of the 128th: A bill to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to pro vide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits. HB 570. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution may charge any fee of any kind to a person who does not have an account with that financial institution for cashing a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution. HB 398. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd and others: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to provide that sheriffs may approve of the use of radar; to prohibit sheriffs from using radar in certain circumstances. 1066 JOURNAL OF THE SENATE HB 624. By Representatives Coleman of the 142nd, Whitaker of the 7th, Smith of the 12th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state de partments and entities, so as to prohibit the operation of certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds unless such vehicles have certain identifying markings, decals, or seals affixed to them. HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th and others: A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies. HB 592. By Representatives Reichert of the 126th, Tolbert of the 25th, Smith of the 109th and others: A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 249. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A resolution creating the Graduate Medical Education Study Commission. HR 401. By Representative Orrock of the 56th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Fulton County. HR 492. By Representatives McKinney of the 51st, Ashe of the 46th, McClinton of the 68th and others: A resolution commending the Metropolitan Atlanta Rapid Transit Authority (MARTA). The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the en closed space at any polling place; to provide what shall constitute proper identi fication; to provide for an alternative procedure for certification of identification. FRIDAY, MARCH 14, 1997 1067 The following bills were introduced, read the first time and referred to committees: SB 392. By Senator Ralston of the 51st: A bill to amend an Act entitled "An Act to create a board of commissioners of Gilmer County" so as to change the dates of the regular meetings of said board of commissioners. Referred to Committee on State and Local Governmental Operations. SB 393. By Senator James of the 35th: A bill to amend an Act creating a new charter for the City of Union City, as amended, so as to clarify the manner in which elections are held in the City of Union City; to provide that the mayor and councilmembers shall be elected by plurality vote. Referred to Committee on State and Local Governmental Operations. SB 394. By Senators Johnson of the 2nd and Kemp of the 3rd: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to the operation of ve hicles on roadways, so as to require that emergency reflectors complying with certain standards be carried in motor vehicles registered in this state; to provide for exceptions. Referred to Committee on Transportation. SR 321. By Senator Glanton of the 34th: A resolution creating the Senate Study Committee on Child Custody. Referred to Committee on Rules. SR 331. By Senator Clay of the 37th: A resolution proposing an amendment to the Constitution of Georgia so as to provide that the General Assembly may provide for additional penalties or fees and allocate their use to the construction, operation, and staffing of municipal jails; to provide for the submission of this amendment for ratification or rejec tion. Referred to Committee on Corrections, Correctional Institutions & Property. SR 333. By Senators Madden of the 47th, Oliver of the 42nd, Perdue of the 18th and Clay of the 37th: A resolution creating the Senate Campaign Finance Reform and Ethics Study Committee. Referred to Committee on Rules. SR 334. By Senators Hill of the 4th, Oliver of the 42nd, Dean of the 31st and Brown of the 26th: A resolution creating the Senate Study Committee on Information Technology as it relates to technical institutes and public libraries. Referred to Committee on Rules. 1068 JOURNAL OP THE SENATE The following bills were read the first time and referred to committees: HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th and others: A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies. Referred to Consumer Affairs Committee. HB 398. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd and others: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to provide that sheriffs may approve of the use of radar; to prohibit sheriffs from using radar in certain circumstances. Referred to Transportation Committee. HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others: 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 provide that driver's edu cation shall be an authorized high school program. Referred to Education Committee. HB 500. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th and others: A bill to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no municipality shall permit the location of certain retail liquor stores within 500 feet of another such store. Referred to Special Judiciary Committee. HB 531. By Representatives Birdsong of the 123rd, Ray of the 128th, Jenkins of the 110th and Royal of the 164th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended. Referred to Finance and Public Utilities Committee. HB 557. By Representative Skipper of the 137th: A bill to consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; 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 conditions under which certain chemical tests shall be admissi ble as evidence. Referred to Judiciary Committee. FRIDAY, MARCH 14, 1997 1069 HB 570. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution may charge any fee of any kind to a person who does not have an account with that financial institution for cashing a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution. Referred to Banking and Financial Institutions Committee. HB 592. By Representatives Reichert of the 126th, Tolbert of the 25th, Smith of the 109th and others: A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute. Referred to Judiciary Committee. HB 624. By Representatives Coleman of the 142nd, Whitaker of the 7th, Smith of the 12th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state de partments and entities, so as to prohibit the operation of certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds unless such vehicles have certain identifying markings, decals, or seals affixed to them. Referred to Public Safety Committee. HB 630. By Representative Barnes of the 33rd: A bill to amend Part 3 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, so as to change the provisions relating to transaction fees charged by operators of automated teller machines. Referred to Banking and Financial Institutions Committee. HB 635. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the inclusive dates of notification of intent for write-in candidates for general and special elections conducted under the provisions of such title applicable to primaries and elections generally. Referred to Ethics Committee. HB 650. By Representatives Martin of the 47th and Ray of the 128th: A bill to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to pro vide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits. Referred to Judiciary Committee. 1070 JOURNAL OF THE SENATE HB 706. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd 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 change certain provi sions authorizing certain counties and municipalities to levy such tax under cer tain conditions. Referred to Finance and Public Utilities Committee. HB 866. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority. Referred to Economic Development, Tourism and Cultural Affairs Committee. HR 249. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A resolution creating the Graduate Medical Education Study Commission. Referred to Rules Committee. HR 401. By Representative Orrock of the 56th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Fulton County. Referred to Finance and Public Utilities Committee. HB 925. By Representative Purcell of the 147th: A bill to provide for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00; to provide for definitions; to provide a homestead exemption from such taxes in the amount of $2,000.00 for certain persons aged 65 years and older. Referred to State and Local Governmental Operations Committee. HB 927. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the powers of the mayor and board of alder men. Referred to State and Local Governmental Operations Committee. HB 928. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the provisions relating to the elections of the mayor and aldermen. Referred to State and Local Governmental Operations Committee. FRIDAY, MARCH 14, 1997 1071 HB 931. By Representatives Manner of the 159th, Greene of the 158th and Ponder of the 160th: A bill to provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit. Referred to State and Local Governmental Operations Committee. HB 933. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority; to provide for the ap pointment of additional members and their terms of office. Referred to State and Local Governmental Operations Committee. HB 935. By Representative Tillman of the 173rd: A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: 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 295. Do pass. HB 255. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 587. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 326. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman 1072 JOURNAL OF THE SENATE 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 732. Do pass. HB 877. Do pass. HB 733. Do pass. HB 883. Do pass. HB 746. Do pass. HB 912. Do pass. HB 829. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 33 SB 358 SB 376 SR 305 HB 306 HB 470 HB 682 SB 203 SB 366 SB 382 HB 54 HB 325 HB 490 HB 712 SB 287 SB 369 SB 383 HB 111 HB 355 HB 573 HR 289 SB 319 SB 370 SR 200 HB 124 HB 378 HB 622 HR 366 SB 321 SB 371 SR 278 HB 125 HB 393 HB 651 SB 356 SB 372 SR 304 HB 250 HB 419 HB 654 The President called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not answering were Senators: Abernathy Balfour Brush Kemp Tanksley Thomas of 10th The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 22nd introduced the Chaplain of the day, Reverend Alfred Walker, Jr., pastor of Liberty Baptist Church, Augusta, Georgia, who offered scripture reading and prayer. Senator Huggins of the 53rd moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Middleton was excused. FRIDAY, MARCH 14, 1997 1073 The following resolutions were read and adopted: SR 322. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd: A resolution commending Mr. Bill Gustafson. SR 323. By Senator Streat of the 19th: A resolution commending Vicki Lee. SR 324. By Senator Streat of the 19th: A resolution commending Melba Wilkes Paulk upon the occasion of her retire ment as Clerk of the Superior Court of Irwin County. SR 325. By Senator Streat of the 19th: A resolution commending Leonard C. Pope upon the occasion of his retirement as Sheriff of Irwin County. SR 326. By Senators Oliver of the 42nd and Hill of the 4th: A resolution recognizing and commending the security, law enforcement, and emergency response personnel who assisted in the aftermath of the Centennial Park bombing. SR 327. By Senators Oliver of the 42nd, Brown of the 26th, Harbison of the 15th and others: A resolution honoring the network of Georgia food banks. SR 328. By Senators Balfour of the 9th and Oliver of the 42nd: A resolution commending Dr. Willis Howard Williams. SR 329. By Senator Madden of the 47th: A resolution commending Ms. Tina Williford. SR 330. By Senator Madden of the 47th: A resolution commending Judge Nelson Casey. SR 332. By Senator Balfour of the 9th: A resolution commending Leslie Elizabeth O'Rear. SR 336. By Senator Cheeks of the 23rd: A resolution recognizing and commending Lillie Alien Powell. SR 337. By Senator Cheeks of the 23rd: A resolution commending George Dodgen III. SR 338. By Senator Cagle of the 49th: A resolution recognizing Ralph A. Tillman, M.D. 1074 JOURNAL OF THE SENATE 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 14, 1997 Thirty Second Legislative Day (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 732 Perdue, 18th Brown, 26th Gochenour, 27th BIBB COUNTY Repeals an Act approved March 25, 1986, which continued in force and effect as part of the constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health. HB 733 Perdue, 18th Brown, 26th Gochenour, 27th BIBB COUNTY Amends an Act establishing a Board of Commissioners of Bibb County, so as to provide for the filling of vacancies in the office of a member of the Board of Com missioners of Bibb County. HB 746 Perdue, 18th Brown, 26th Gochenour, 27th BIBB COUNTY Amends an Act establishing a board of commissioners of Bibb County, so as to change certain provisions relating to the qualifications for retirement for a judge of the Civil Court of Bibb County. HB 829 Johnson, E., 1st CITY OF RICHMOND HILL Amends an Act entitled "An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority," so as to change certain provisions relating to membership of the authority. HB 877 Hill, 4th BULLOCH COUNTY Amends an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to change the compensation of the tax commissioner. HB 883 Price, R., 28th CITY OF GRANTVILLE Amends an Act providing for a new charter for the City of Grantville, so as to provide for four-year terms of office for the mayor and councilmembers. FRIDAY, MARCH 14, 1997 1075 HB 912 Taylor, 12th CITY OF ALBANY DOUGHERTY COUNTY Amends an Act creating the Albany High School Stadium Authority, so as to make the existence of the authority perpetual. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Bowen Egan Fort Middleton (excused) Thomas of 10th Walker On the passage of the local bills, the yeas were 49, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Friday, March 14, 1997 THIRTY-SECOND LEGISLATIVE DAY SB 172 State Properties Commission--membership, organization (SLGO--G--44th) SR 72 Joint Driver's Education Study Committee--create (Amendment) (Rules--2nd) SR 178 U.S. Surface Transportation Board--relating to Conrail merger, acquisition (SubstituteXTrans--39th) SB 56 Capital Felony Expenses--calculation for county reimbursement (Substitute) (S Judy--6th) SB 297 State Programs--listing, reports and duties of BROC research office (Approp-- 14th) 1076 JOURNAL OF THE SENATE SB 301 School Purchases--certain energy savings exempt from spending limits (SubstituteXEd--52nd) SB 324 Certain County Documents--stored within State of Georgia (SubstituteXSLGO--G--49th) SB 92 Student Code of Conduct--provide (SubstituteXEd--38th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 11, 1997.) SB 341 Medical Treatment--individual's right of treatment desired (Substitute)(H&HS--27th) SB 141 Public Safety Department--exclusion from certain grievance procedures (SubstituteXPub Saf--13th) SB 82 Drivers' Licenses--distinguish persons convicted of DUI (SubstituteXPub Saf-- 35th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1997.) SB 304 Medical Assistance Act--unlawful acts, penalties, liens, hearings, appeals (Substitute)(H&HS--50th) SR 232 Joint Study Committee on Prevention and Treatment of Substance Abuse--cre ate (AmendmentXRules--42nd) SB 63 Prestige License Plates Promoting Recycling--provide (SubstituteXTrans-- 35th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 172. By Senator Starr of the 44th: A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commis sion. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford FRIDAY, MARCH 14, 1997 1077 Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Voting in the negative were Senators Balfour and Brush. Those not voting were Senators: Abernathy Bowen Egan Fort Middleton (excused) Perdue Thomas of 10th Walker On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed. SR 72. By Senators Johnson of the 2nd, Dean of the 31st, James of the 35th and others: A resolution creating the Joint Driver's Education Study Committee. The Senate Rules Committee offered the following amendment: Amend SR 72 by striking from line 33 of page 1 the word "six" and inserting in lieu thereof the following: "five". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. Senators Thompson of the 33rd, Dean of the 31st, and Johnson of the 2nd offered the following floor substitute to SR 72: A RESOLUTION Creating the Joint Driver's Education Study Committee; creating the Joint Georgia Trans portation Study Committee; and for other purposes. PART 1 WHEREAS, driver's education and safety is vitally important to the overall safety of the citizens of the State of Georgia; and WHEREAS, the training of young people as drivers is one of the most important ways in which government can influence driver safety; and WHEREAS, there exists a need for a thorough and comprehensive study of steps to im prove the education of young drivers through the reintroduction and implementation of driver's education programs in Georgia schools. PART 2 WHEREAS, the General Assembly recognizes that the health and general welfare of a soci ety depend upon a safe, efficient, economical, and accessible transportation network for all citizens utilizing various modes of travel within the state; and WHEREAS, the federal government is currently in the process of developing programs and policies which will impact, guide, and affect the federal expenditure of well over $174 bil lion for nation-wide surface transportation programs over the next six-year period through the enactment of the reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991; and 1078 JOURNAL OF THE SENATE WHEREAS, this federal legislation will have an immense impact on the future of transpor tation for the citizens of Georgia; and WHEREAS, the competing concerns of business, industry, and the public throughout the state need to be included in any dialogue for future development, enhancement, and contin ued improvement of the roads, bridges, and other public transportation facilities within the state to ensure that an appropriate balance is achieved among such competing concerns; and WHEREAS, there is a need for a comprehensive study and review of the public policy objec tives which will enhance the transportation opportunities for all modes of travel within the state with special emphasis in developing a safe and efficient state-wide transportation system. PART 3 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Driver's Education Study Committee, to be composed of three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meet ings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, and problems mentioned in Part 1 of this resolution or related thereto and recommend any actions or legislation which the committee deems necessary or appro priate. 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 Part 1 of this resolution. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provi sions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recom mendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1997. The committee shall stand abolished on December 31, 1997. BE IT FURTHER RESOLVED that there is created the Joint Georgia Transportation Study Committee to be composed of 14 members as follows: seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives and seven members of the Senate to be appointed by the President of the Senate. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as cochairpersons of the committee. The cochairpersons shall call all meet ings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake the study of the condi tions, needs, issues, and problems mentioned in Part 2 of this resolution or related thereto and recommend any actions or legislation which the committee deems necessary or appro priate. The committee may conduct such meetings and public hearings 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 Part 2 of this resolution. The committee may request the provision of services for the pur poses of this resolution by any officer, agency, or department of state government, and all officers, agencies, and departments of state government shall cooperate with the committee and provide services so requested to the maximum extent possible. BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds FRIDAY, MARCH 14, 1997 1079 appropriated to the House of Representatives and the Senate. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 1997. The committee shall stand abolished on December 31, 1997. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. Pursuant to Senate Rule 143, action on SR 72 was suspended, and the bill was placed on the General Calendar. SR 178. By Senators Fort of the 39th and Boshears of the 6th: A resolution urging the Surface Transportation Board of the United States De partment of Transportation to take account of the needs of the public in consid eration of any merger or acquisition involving Conrail. The Senate Transportation Committee offered the following substitute to SR 178: A RESOLUTION Urging the Surface Transportation Board of the United States Department of Transporta tion to take account of the needs of the public in consideration of any merger or acquisition involving Conrail; and for other purposes. WHEREAS, the Consolidated Rail Corporation, an entity created by the United States gov ernment and financed at its inception by the people of the United States, is now subject to purchase by one or two other railroads; and WHEREAS, both of the potential purchasers, Norfolk Southern Corporation and CSX Cor poration, are corporate citizens of this state and both have a large and healthy influence in Georgia, as well as a long and colorful history; and WHEREAS, rail transportation looms increasingly important in the economic and environ mental future of the state and nation, offering, as it does, unequaled efficiencies in energy and land use, and the lowest impact on air quality of any mode of transportation; and WHEREAS, it is in the best interest of Georgia to support any Conrail acquisition plan which promotes the principles of balanced competition, in order for industries to have via ble competitive rail service alternatives to and from markets which have heretofore been unavailable; and WHEREAS, any plan to acquire Conrail must have a relatively even balance of strength between two major railroads. A single dominant railroad in the Northeast is unacceptable; and WHEREAS, the Conrail acquisition plan should provide for competitive access through ownership of rail lines in lieu of trackage rights or some other track use arrangement; and WHEREAS, with the official demise of the Interstate Commerce Commission, its regula tory duties in regard to the purchase and merger of rail carriers have been shifted to the Surface Transportation Board of the United States Department of Transportation, which is empowered to impose competitive and public interest conditions on all such capital acquisi tions; and WHEREAS, in recent months the CSX Corporation has sought to limit the use of certain of its lines by rail passenger service, including declining to entertain any proposal for tempo rary service between Atlanta and Athens during the Centennial Olympic Games in the summer of 1996, as well as closing an existing line in the State of Maryland and limiting service expansion in the Commonwealth of Virginia; and WHEREAS, Norfolk Southern Corporation has likewise indicated some reluctance to allow rail passenger service over certain of its rail lines. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge that the Surface Transportation Board of the United 1080 JOURNAL OF THE SENATE States Department of Transportation carefully consider the needs of the public in main taining personal mobility, environmental quality, and the principles of balanced competi tion in its consideration of any merger or other acquisition of Conrail by any other rail carrier, taking particular care to assure the availability of those rail carriers' lines and corridors for the provision of rail passenger service and competitive freight service at a reasonable rate of return on their investment. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Secretary of the Surface Transpor tation Board, Mr. Vernon A. Williams, STB Finance Docket No. 33286, 1201 Constitution Ave., N.W., Washington, D.C. 20423 On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Middleton (excused) and Scott. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SB 56. By Senators Boshears of the 6th, Blitch of the 7th, Ragan of the llth and others: A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the basis, time, and manner for calculation of county capital felony expenses which are eligible for reimbursement; to specify which expenses are eligible for reimbursement; to change the definition of cer tain terms and delete a defined term. FRIDAY, MARCH 14, 1997 1081 The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 March 10, 1997 The Honorable Michael J. Egan, Chairman Senate Special Judiciary Committee State Capitol, Room 121-D Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 56 (Substitute) (LC 24 0785S) Dear Chairman Egan: This bill would change the provisions for calculating the amount of county capital felony expenses which are eligible for reimbursement. If enacted, counties that are eligible to participate in the distribution of funds through the Georgia Indigent Defense Council would be reimbursed for capital felony expenses for at least one case per year provided such expenses were incurred. When counties have multiple capital felony cases in a year, coun ties would be authorized reimbursement if the cost associated with the additional cases exceeds five percent of the county's revenue. When the costs are below this five percent limit, the state may use discretion in determining whether to reimburse the county for its costs. This bill would also amend the Capital Felony Expense Act to require sufficient ap propriation of funds to reimburse all capital felony expenses for which the counties are authorized reimbursement. Furthermore, this bill would divide the responsibilities for re imbursing county capital felony expenses among three different state organizations and would establish certain requirements regarding the administration and reporting of such expenses. The fiscal impact of this bill is dependent upon the number of capital felony cases initiated each year, the cost per case, and the manner in which the state chooses to handle reim bursement when counties have multiple felony cases in a year. Based on information ob tained from personnel at the Indigent Defense Council, approximately 60 new capital felony cases are initiated each year in Georgia. Of this total, about one-third of the cases will plead out before going to trial. The costs associated with these cases will vary signifi cantly. However, the average cost of a trial case would approximate $125,000. The costs associated with cases that plead out are generally lower since there are no court costs in volved. However, it was noted that many of these cases often plead out just prior to the court trial. Therefore, there are still significant costs associated with attorneys' fees, de fendant evaluations, and evidence tests. No average cost of these cases could be provided. Based on the information obtained from the Indigent Defense Council, it is estimated that this bill could cost the state approximately $6 million per year to reimburse counties for capital felony expenses. This estimate assumes that all counties would be eligible to re ceive reimbursement and that all county expenses associated with capital felony cases are reimbursed by the state. To calculate the projected cost, we assumed that 40 of the 60 cases initiated each year would go to trial and the cost of each case would be approximately $125,000. In addition, we assumed that the cost associated with the 20 cases that plead out prior to trial would be $50,000 per case. It should also be noted that this bill will place some additional responsibilities on the Attor ney General's Office, the Administrative Office of the Courts, and the Indigent Defense Council such as reviewing and approving expenses, issuing reimbursement checks to coun ties, ensuring that rules and regulations are in place and disseminated to the counties as 1082 JOURNAL OF THE SENATE needed, and reporting capital felony expense information to other organizations as re quired by law. One of the three agencies anticipates that an additional staff person would be required to oversee the additional responsibilities. The agency estimates the cost of such position would be approximately $40,000 per year. Given the limited time available to prepare this fiscal note, we were unable to analyze current staffing and workloads to verify whether the additional staff person is necessary. Sincerely, /si Claude L. Vickers State Auditor /s/ Tim Burgess, Director Office of Planning and Budget The Senate Special Judiciary Committee offered the following substitute to SB 56: A BILL To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to amend the "Capital Felony Expense Act"; to change the basis, time, and manner for calculation of county capital felony expenses which are eligible for reimbursement by the state; to change the method of reimbursement by the state; to provide for three different classes of capital felony expenses; to provide that the Attorney General, the Administrative Office of the Courts, and the Georgia Indigent Defense Council shall make and receive grants for the purpose of reimbursing counties for capital felony expenses; to eliminate the requirement that funds be separately appropriated; to specify which expenses in which cases are eligible for reimbursement; to specify that counties shall be reimbursed for capital felony expenses for at least one case per year if such expenses are incurred and may or must be reimbursed for additional expenses for additional cases de pending on the relation of the expenses to county revenue; to change the definition of cer tain terms; to expand the powers and duties of the Georgia Indigent Defense Council to allow participation in the administration of funds allocated to counties pursuant to the "Capital Felony Expense Act"; to provide that capital felony expense funds shall be handled separately by the council; to provide for guidelines; to amend Article 2 of Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the Judicial Council of Georgia, so as to expand the powers and duties of the Administrative Office of the Courts to allow participation in the administration of funds allocated to counties pursuant to the "Capital Felony Expense Act"; to provide a mechanism for the administration of such funds; to pro vide for additional rule-making authority of the Judicial Council of Georgia; to amend Arti cle 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to the Attorney General, so as to expand the powers and duties of the Attorney General to allow participation by the Department of Law in the administration of funds allocated to counties pursuant to the "Capital Felony Expense Act"; to provide a mechanism for the administration of such funds; to provide for related matters; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-11-21, relating to definitions used in the "Capital Felony Expense Act," and inserting in lieu thereof a new Code section to read as follows: FRIDAY, MARCH 14, 1997 1083 "17-11-21. As used in this article, the term: (1) 'Capital felony case' means a criminal case in which the death penalty may be im posed upon the defendant under the laws of this state and in which the district attor ney has filed a written notice of intent to seek the death penalty as required by Rule II of the Unified Appeal. (2) 'Capital felony expenses' means: (A) Expenses expenses incurred by a county and paid from county funds as a direct result of a capital felony case being tried by a superior court. The term shall include the following categories of capital felony expenses: (i) 'Prosecution capital felony expenses' shall mean the following capital felony ex penses incurred by the county prosecutor's office: (I) Juror fees and costs of juror transportation, meals, and lodging; (II) Salaries, compensation, and expenses of bailiffs; (III) Compensation and expenses of temporary employees employed as a direct result of the capital felony case or extraordinary expenses incurred by county officers and employees as a direct result of the capital felony case; (IV) Witness fees, including expert witness fees, and costs of witness transporta tion, meals, and lodging for those witnesses called by the prosecuting attorney's office; anct (V) Costs of medical, psychiatric, and psychological evaluations of the defendant requested by the prosecutor's office; (ii) 'Judicial capital felony expenses' shall mean the following capital felony ex penses attributable to the court which is presiding over the capital felony case: (I) Court reporting costs including costs of recording, preparing, and copying transcripts; anH (II) Compensation and expenses of temporary employees employed as a direct result of the capital felony case or extraordinary expenses incurred by the pre^ siding judge's office as a direct result of the capital felony case; and (iii) 'Defense capital felony expenses' shall mean the following capital felony ex penses attributable to the defense of the defendant: (I) Attorney's fees for court appointed counsel for indigent defendants; (II) Costs of evidence tests determined by the trial court to be reasonable and necessary; (III) Witness fees, including expert witness fees, and costs of witness transporta tion, meals, and lodging which have been determined to be reasonable and nec essary by the trial court in accordance with the Unified Appeal procedures set forth in the Uniform Rules of Superior Courts; (IV) Costs of medical, psychiatric, and psychological evaluations of the defend ant sought by the defendant and his or her attorneys and which have been de termined by the trial court to be reasonable and necessary; anH (V) Costs of any forensic experts or investigators sought and used by the defend ant and his or her attorneys and which have been determined by the trial court to be reasonable and necessary for the proper defense of the individual who is being tried in the capital felony trial; and (B) The term 'capital felony expenses' includes expenses from the date of the arrest oTthe defendant to the date of the superior court conviction, expenses from the date of the conviction until the date of the last appellate court affirmance of the convic tion, expenses from the last appellate court reversal to any subsequent superior court convictions or retrials, expenses from any retrials to the last appellate court 1084 JOURNAL OF THE SENATE action on the conviction, expenses from the date of the arrest of the defendant to the date of the defendant's release if there is no conviction or if the conviction is reversed and there is no retrial, or expenses during any combination of these periods. The term shall not include the following expenses: (AXi) Any expenses otherwise reimbursed by or pursuant to state law; (fi)(ii) The salaries, compensation, and expenses of all county officers and employ ees, excluding bailiffs except fui any compensation and expenses of lempoi aryeiiF expenses incurred by comity officers and employees as a direct result of Llie capital felony case; and (6j(iii) County paid supplements to the salaries or compensation of state officers and employees. (3) 'Commissioner' means the commissioner of community affairs. (4) 'County' means a county that is eligible to participate in the distribution of funds through the Georgia Indigent Defense Council. (4X5) 'County revenue' means the most current available total of adjusted taxes as determined from the annual financial report relating to local government finances filed by the county with the Department of Community Affairs pursuant to Code Section 3681-8." SECTION 2. Said title is further amended by striking Code Section 17-11-22, relating to the basis for reimbursement of counties for capital felony expenses, and inserting in lieu thereof a new Code section to read as follows: "17-11-22. (a)(l) Each county which is responsible for the costs of a capital felony case wrH or cases shall be reimbursed for capital felony expenses as provided in this Code section. With respect to one or more capital felony cases, expenses from the date of arrest will be accumulated. When uiie ui moie a capital felony cases ibsull case results in capital felony expenses, the accumulation uT which is moie than 0 puicenl of county levenue defendant is ibleased if uul cunvicted, the county wrrl shall automatically be reim bursed for all such accumulated capital felony expenses for one capital felony case per calendar year in which the superior court conviction occurs or in which the defendant is released if not convicted. When a county incurs the costs of additional capital felony cases, the accumulation of which costs 5 percent or less of county revenue for such calendar year, then the county may, upon application by the county to the state and in the state's discretion, be reimbursed for capital felony expenses for additional capital felony cases in such calendar year in excess uf Ihe 5 peicent level! When a county Incurs the costs of additional capital felony cases, the accumulation of which costs is more than 5 percent of county revenue for such calendar year, the county shall auto matically be reimbursed for capital felony expenses in excess of the 5 percent level. (2) After Notwithstanding the above limitations, after a county has qualified or been reimbursed for capital felony expenses for any calendar year, the county shall be eligi ble for any capital felony expenses resulting from such case or cases in subsequent calendar years prior to the appeal of such case or cases. County levenues shall not be SppllCSuie Hi dc t e i'lii i Hill ^ tlie iHHGUlitOI 1' t; i iil DUTS v HI c 111IO1* CciplLcll ItilOiiycXpfeiicicS occdi'i'iii^ in sucli su.Ot)t;i^U.CIIL yecivs prior to the 3.ppcs.l ol tlic C3.se or esses. (b)(l) If one or more capital felony cases are appealed, expenses from the date of the superior court conviction will be accumulated. When the appeal of une ui mui e a capi tal felony cases case results in capital felony expenses, the accumulation of wEIch is com t actiun un Ihe conviction uccias, the county wirl shall automatically be reimbursed FRIDAY, MARCH 14, 1997 1085 for all such capital felony expenses in excess uf the 5 peiceiil level for one appeal per calendar year in which the last appellate court action on the conviction occurs. When a county incurs the costs of additional appeals, the accumulation of which costs 5 percent or less of county revenue for such calendar year, the county may, upon application by the county to the state, be reimbursed for capital felony expenses for additional capital felony appeals in such calendar year. When a county incurs the costs of additional appeals, the accumulation of which is more than 5 percent of county revenue for such calendar year, the county shall automatically be reimbursed for capital felony ex penses in excess of the 5 percent level. (2) If the county chooses not to seek reimbursement for capital felony expenses from tHe date of arrest to the date of the superior court conviction and instead seeks reim bursement for its capital felony expenses through the last appellate court action, the county wrli shall automatically be reimbursed for all accumulated capital felony ex penses in excess uf Hie 0 peiceTit level for one case per calendar year. When a county incurs the costs of additional capital felony cases, the accumulation of which costs 5 percent or less of county revenue for such calendar year, then the county may, upon application by the county to the state, be reimbursed for accumulated capital felony expenses for additional capital felony cases in such calendar year. When a county in curs the costs of additional appeals, the accumulation of which is more than 5 percent oT county revenue for such calendar year, the county shall automatically be reimbursed for capital felony expenses in excess of the 5 percent level. (c) If a capital felony case is appealed and the conviction is reversed, capital felony ex penses for any subsequent retrial and appeals will be handled in accordance with the provisions of subsections (a) and (b) of this Code section. (d) No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests." SECTION 3. Said title is further amended by striking Code Section 17-11-23, relating to time and man ner of reimbursement of counties for capital felony expenses, and inserting in lieu thereof a new Code section to read as follows: "17-11-23. (aXD Reimbursement payments for eligible capital felony expenses under this article will be made to the governing authority of each county incurring capital felony ex penses. The payments will be made during the second quarter of a calendar year for capital felony expenses eligible for reimbursement during the immediately preceding calendar year; provided, however, that, if a county is reimbursed during the second quarter of a calendar year and has additional capital felony expenses eligible for reim bursement during the remainder of such calendar year resulting from the same case or cases, payments will be made during the fourth quarter of such calendar year for the additional capital felony expenses eligible for reimbursement. (<&} lvt;ii.llDU.i SeittGHt pflyilieilLs Sil3.ll Lie lllilttG ITGiil IU.11QS ilGpi'Gpi'lcitcil IGi* SU.C11 plirpGSG pU.rSU3.Ht tO SiiuStJCtlGli \&) Gi CJGClt: oGCtlQIi 1Y~J.l."^*!, iiilil iiG pistyillciltei die iGCJU.ii't;u. tG (b)(l) 111 til& eV6irr tuat icCj^ueHLS iui1 I'eliHuui'Sciiltiilt eXCceu tli6 3 ICr tills tii'LiClt;, tile CGllillilSciiuiit;!' Sllclll lieiVe tllG n.^Jtit tG i tiQUCc efl.Cll ItJLjLicSL pi'GpGl*" liuiially su that the lulal auiuunl uf lequests shall iiut exceed the lutal aaiuuiit uf funds available fui lelmbuibement payments at the lime uf the inquest. \i) PNul/Witllc)ljcillu.lIl Sifiy Gtlitii pl'OV iBiuiici uI till is \JuClt; SGCLiuil, u-Lii'lll^ tilt; lli'St pciynitJiiL cycle ufa state fiscal .yuai (fuuitli quailei uf a calendar yeai) iiul mute than one half t" tlie funds available fui iciiiLburseiiient will bfe expended TGI relmbu 1086 JOURNAL OF THE SENATE (b) Reimbursement payments shall be made to such counties by the Attorney General for prosecution capital felony expenses, by the Administrative Office of the Courts for judi cial capital felony expenses, and by the Georgia Indigent Defense Council for defense capital felony expenses." SECTION 4. Said title is further amended by striking Code Section 17-11-24, relating to administration of the "Capital Felony Expense Act" generally, and inserting in lieu thereof a new Code section to read as follows: (a) The commissioner shall administer this article and shall make payments to comities the Attorney General, the Administrative Office of the Courts, and the Georgia Indigent Defense Council for the reimbursement of capital felony expenses which entities shall in turn reimburse" the counties incurring such expenses as provided by this article. The payments shall be made from funds appiupiiated tu the Dupai tuitmt uf Community Af- 1(311 S S^JtUliniclll^lui lilt? ^JUli^JUSC UI lll&Ivlllg I'dlllUm OCllidlLl5 ^J 111 O Ulll L tu LillS tltlult^. (b) The commissioner shall adopt rules and regulations for the administration of this article. The Administrative Office of the Courts through the Judicial Council of Georgia shall adopt rules and regulations and the Georgia Indigent Defense Council shall adopt guidelines for their part in the management of funds administered pursuant to this arti cle as provided in Code Sections 15-5-21.1 and 17-12-33, respectively. The Attorney General shall manage funds administered pursuant to this article according to the provi sions of Code Section 45-15-21 and any internal policies and procedures the Department of Law may develop pursuant to such Code section. The rules and regulations shall be distributed to the county governing authorities, ami to the clerks of the superior courts, and to each entity involved in administering or managing capital felony expense reim bursement fiindlT \C) Hit ulciK.S ul tilt: suptiiui UULII ts will ut; tlic lOCcil mliiiiinati cituis ul tlnc> ctiLiulu, iiiil, consistent Consistent with rules and regulations promulgated by the commissioner and the other managing entities as provided by subsection (b) of this Code section, the cleiks Attorney General, the Administrative Office of the Courts, and the Georgia Indigent De fense [ Council will maintain records of capital felony expenses for the purposes of this article. Based on such records, the cleik uf each superior cumt Attorney General, the Administrative Office of the Courts, and the Georgia Indigent Defense Council will cer tify to the commissioner, during the first quarter of each calendar year, capital felony expenses eligible for reimbursement during the preceding calendar year." SECTION 5. Said title is further amended by striking Code Section 17-12-32, relating to the establish ment of the Georgia Indigent Defense Council, and inserting in lieu thereof a new Code section to read as follows: "17-12-32. (a) There is established, as a separate agency within the judicial branch of state govern ment, the Georgia Indigent Defense Council. (b) The council shall be composed of 15 persons appointed by the Supreme Court of Georgia. One active member of the State Bar of Georgia shall be selected from each of the ten judicial administrative districts of the state, three nonlawyers shall be selected from the state at large, and two additional members shall be selected one of whom shall be a member of a metropolitan county governing authority and the other shall be a mem ber of a nonmetropolitan county governing authority. (c) Each member of the council shall be appointed to serve for a term of four years and until his or her successor is duly appointed and qualified. The initial members appointed FRIDAY, MARCH 14, 1997 1087 by the Supreme Court from the first, third, fifth, seventh, and ninth judicial administra tive districts shall be appointed for an initial term of two years; and the members from the second, fourth, sixth, eighth, and tenth judicial administrative districts shall be ap pointed for an initial term of four years each and until their respective successors are duly appointed and qualified. The nonlawyer members selected from the state at large shall be appointed by the Supreme Court for an initial term of four years each and until their successors are duly appointed and qualified. The initial members of the council shall take office within 30 days of July 1, 1979, and shall serve until July 1 of the year their terms of office expire. The county governing authority appointments shall be for a term of four years each with the initial appointment of the metropolitan county member being for two years beginning July 1, 1993, and the nonmetropolitan county member being for four years beginning July 1, 1993, and until their successors are duly appointed and qualified. The succeeding members of the council shall begin their terms of office on July 1 of the year in which they are appointed. A member may be appointed to succeed himself or herself as a member of the council. (d) In the event a vacancy occurs on the council, the Supreme Court shall appoint a per son with the qualifications of the member whose position has become vacant to serve for the remainder of the unexpired term. The person appointed to fill the vacancy shall take office immediately upon appointment. (e) The council shall meet at least quarterly and at such other times and places as it deems necessary or convenient to perform its duties. The council shall annually elect a chairman chairperson and such other officers as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual ex penses incurred in the performance of their duties as members of the council. Reim bursement shall be paid from those funds available to the council, except that reimbursement may not come from funds distributed to the council pursuant to Article 2 of Chapter 11 of this title, the 'Capital Felony Expense Act,' and Code Section 17-11-24. (f) The Georgia Indigent Defense Council shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, may accept and make grants, and may accept gifts from any public or private source, which funds, except for funds coming to the council pursuant to Article 2 of Chapter 11 of this title, the 'Capital Felony Expense Act,' and Code Section 17-11-24, shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office." SECTION 6. Said title is further amended by striking Code Section 17-12-33, relating to the purposes and duties of the Georgia Indigent Defense Council, and inserting in lieu thereof a new Code section to read as follows: "17-12-33. The Georgia Indigent Defense Council shall have the following purposes and duties: (1) To administer funds provided by the state and federal governments to support local indigent defense programs provided for in Code Section 17-12-38; (2) To recommend uniform guidelines consistent with this article within which local indigent defense programs established under this article shall operate; (3) To provide to local programs and attorneys who represent indigents technical and research assistance, planning assistance, clinical and training programs, and other ad ministrative services to fulfill the purpose of this article; and (4) To prepare budgets, reports, and management information required for the respon sible implementation of this article; and (5) To administer funds received from the commissioner of community affairs pursuant to Article 2 of Chapter 11 of this title, the 'Capital Felony Expense Act,' and specifically Code Section 17-11-24 for purposes of reimbursing eligible counties for defense capital 1088 JOURNAL OF THE SENATE felony expenses as that term is defined in Code Section 17-11-21. The council shall make reasonable guidelines pursuant to the procedure in Code Section 17-12-41 to gov ern its procedure for handling defense capital felony expense funds." SECTION 7. Said title is further amended by striking Code Section 17-12-35, relating to the reporting duties of the council, and inserting in lieu thereof a new Code section to read as follows: "17-12-35. (a) The Georgia Indigent Defense Council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court with an accurate description and accounting of the preceding year's expenditures and accom plishments. Each tripartite committee shall report such data to the council as is neces sary to compile the report. (b)(l) The council shall also provide to the General Assembly, the Governor, and the Supreme Court a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (2) In addition to the report required by paragraph (1) of this subsection, for funds re ceived for reimbursement of defense capital felony expenses to eligible counties as that term is defined in Code Section 17-11-21, the council shall also provide to the General Assembly, the Governor, and the Supreme Court the records called for in Code Section 17-11-24." SECTION 8. Said title is further amended by striking Code Section 17-12-36, relating to the annual budget of the council, and inserting in lieu thereof a new Code section to read as follows: "17-12-36. (a) The Georgia Indigent Defense Council shall prepare an annual budget according to law in order to obtain the necessary funding for fulfilling the purposes of this article. The council is also authorized to seek, solicit, apply for, and utilize funds from any public source for use in fulfilling the purposes of this article, except that funds for reimburse ment of defense capital felony expenses as that term is defined in Code Section 17-11-21 may only be used for reimbursement payments to eligible counties. Private funds may be sought, solicited, applied for, and utilized for training purposes. (b) At least 90 percent of all state appropriated funds shall be distributed by the council to participating counties on an equitable basis, based on judicial administrative district and judicial circuit population, indigent criminal caseloads, and previous year expendi tures for the provision of defense services at the local level. Notwithstanding the forego ing sentence, 100 percent of all funds received for reimbursement of defense capital felony expenses as that term is defined in Code Section 17-11-21 shall be distributed to eligible counties. (c) The details of notification of the amount of funds available and the method for the distribution of such funds to the tripartite governing committees for the purpose of carry ing out this article shall be set forth in the guidelines approved by the Supreme Court pursuant to Code Section 17-12-41." SECTION 9. Said title is further amended by striking Code Section 17-12-41, relating to proposal and adoption of guidelines by the council for the operation of the article, and inserting in lieu thereof a new Code section to read as follows: FRIDAY, MARCH 14, 1997 1089 "17-12-41. Guidelines for the operation of this article and for the operation of the council's participa tion in Article 2 of Chapter 11 of this title, the 'Capital Felony Expense Act,' shall be proposed by the Georgia Indigent Defense Council and submitted to the Supreme Court of Georgia for approval and adoption. The guidelines shall include procedures for appeal to the Supreme Court by any county affected by an adverse decision of the council. Prior to submitting guidelines to the Supreme Court, the council shall invite suggestions from the State Bar of Georgia, The Council of Superior Court Judges of Georgia, the Council of Juvenile Court Judges, the state court judges, and the Prosecuting Attorneys' Council. The Supreme Court may amend or modify the guidelines upon 60 days' notice to the Georgia Indigent Defense Council. Upon adoption, the guidelines shall be published in the same manner as are the rules of the Supreme Court." SECTION 10. Article 2 of Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the Judicial Council of Georgia, is amended by adding following Code Section 15-5-21, relating to promulgation of rules and regulations relating to transcripts and court reporters fees, a new Code section to read as follows: "15-5-21.1. (a) The Judicial Council shall promulgate rules and regulations which shall provide the process for the Administrative Office of the Courts to reimburse eligible counties for judi cial capital felony expenses as that term is defined in Code Section 17-11-21. Such rules and regulations shall specify that 100 percent of any reimbursement money received pur suant to Article 2 of Chapter 11 of Title 17, the 'Capital Felony Expense Act,' shall be distributed to eligible counties in accordance with that article. Rules and regulations promulgated under this Code section shall not be subject to the procedure set forth in subsection (d) of Code Section 15-5-21." SECTION 11. Said article is further amended by striking Code Section 15-5-24, relating to duties of the Administrative Office of the Courts, and inserting in lieu thereof a new Code section to read as follows: "15-5-24. Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties: (1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested; (2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement; (3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts; (4) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation; (5) Act as fiscal officer and prepare and submit budget estimates of state appropria tions necessary for the maintenance and operation of the judicial system; (6) Formulate and submit recommendations for the improvement of the judicial system; 1090 JOURNAL OF THE SENATE (7) Perform such additional duties as may be assigned by the Judicial Council; and (8) Prepare and publish an annual report on the work of the courts and on the activi ties of the Administrative Office of the Courts; and (9) Administer the distribution of judicial capital felony expenses as that term is de fined in Code Section 17-11-21 for reimbursement of eligible counties." SECTION 12. Said article is further amended by adding at the end thereof a new Code section to read as follows: "15-5-27. The Administrative Office of the Courts shall have the power to make and accept grants for the purposes of administering Article 2 of Chapter 11 of Title 17, the 'Capital Felony Expense Act,' as provided in Code Section 17-11-24." SECTION 13. Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to the Attorney General, is amended by adding at the end thereof a new Code section to read as follows: "45-15-21. The Attorney General shall administer the distribution of prosecution capital felony ex penses as that term is defined in Code Section 17-11-21 to eligible counties as reimburse ment provided for in Article 2 of Chapter 11 of Title 17, the 'Capital Felony Expense Act.' The Attorney General shall distribute 100 percent of the capital felony expenses received from the commissioner of community affairs. The Attorney General shall create in the Department of Law a mechanism for the distribution of prosecution capital felony expenses." SECTION 14. This Act shall become effective July 1, 1998, and shall apply to capital felonies which occur on or after July 1, 1998. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver FRIDAY, MARCH 14, 1997 1091 Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Middleton (excused) Stokes Walker On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 297. By Senators Hooks of the 14th, Walker of the 22nd, Perdue of the 18th and Starr of the 44th: A bill to amend Code Section 45-12-178 of the Official Code of Georgia Annotat ed, relating to the ongoing review of state programs and functions, so as to change the provisions relating to listing such programs and when certain re ports are due; to provide for duties of the research office of the Budgetary Re sponsibility Oversight Committee. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Middleton (excused) Price of 28th Streat Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 301. By Senators Marable of the 52nd, Dean of the 31st and Streat of the 19th: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to ex empt certain energy cost savings measures from certain spending limits. 1092 JOURNAL OF THE SENATE The Senate Education Committee offered the following substitute to SB 301: A BILL To be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to exempt certain energy cost savings measures from certain spending limits; 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 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking in its entirety Code Sec tion 20-2-506, relating to the authority of school systems to enter into multiyear lease, purchase, or lease purchase agreements, and inserting in lieu thereof the following: "20-2-506. (a) As used in this Code section, the term: (1) 'Energy cost savings measure' means a facility alteration designed to reduce energy consumption or operating costs and may include one or more of the following: (A) Insulating the building structure or structures within the building, including caulking or weather-stripping; (b) Installing storm windows or doors, multig'azed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, or other window or door systems designed to reduce energy consumption; (C) Installing automated or computerized energy control systems; (D) Modifying or replacing heating, ventilating, or air conditioning systems; (E) Replacing or modifying lighting fixtures to increase the energy efficiency of the lighting system; (F) Improving indoor air quality to conform to the applicable state or local building code requirements; (G) Installing energy recovery systems; (H) Installing cogeneration systems that produce steam or forms of energy such as heat and electricity for use primarily within a building or complex of buildings; and (I) Life safety measures that provide long-term operating cost reductions and are in compliance with state and local codes, and building operation programs that reduce operating costs. (2) 'Guaranteed energy saving contract' means a contract for the implementation of one or more energy cost savings measures providing that all payments except obligations oh termination of the contract before its expiration are to be made over time and the energy cost savings are guaranteed to the extent necessary to make payments for the contract (b) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; FRIDAY, MARCH 14, 1997 1093 (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract; (3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (4) The total combined annual payments for contracts under this Code section and contracts of such school system under Article IX, Section III, Paragraph I of the Consti tution in any calendar year, excluding guaranteed energy savings contracts, shall not exceed an amount equal to 7.5 percent of the total local revenue collected for mainte nance and operation of the school system in the most recently completed fiscal year. (b)(c) In addition to the provisions enumerated in subsection fed (b) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and abso lutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or (2) Any other provision reasonably necessary to protect the interests of the school system. fc)(d) Any contract developed under this Code section containing the provisions enumeratecTin subsection fa) (b) of this Code section shall be deemed to obligate the school sys tem only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term. (dXe)) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. feXf) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. tr)(g)) When any local board of education on or after July 1, 1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calen dar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal prop erty, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. fgXh)) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions. fh)(i)) Each school system in this state is authorized to accept the title to property subject to a~contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. fr)(j) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relat ing to state allocated capital outlay funds and entitlements." SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia An notated to the contrary, this Act shall become effective on July 1, 1997. 1094 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting were Senators Cagle and Middleton (excused). On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 324. By Senator Cagle of the 49th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county docu ments shall be stored within the State of Georgia. The Senate State and Local Governmental Operations Committee offered the following substitute to SB 324: A BILL To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that certain court records shall be stored within the State of Georgia; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county documents shall be stored within the State of Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 14, 1997 1095 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing in its entirety Code Section 15-1-10, relating to removal of court records, and inserting in lieu thereof a new Code Section 15-1-10 to read as follows: "15-1-10. (a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered or by order of the court. (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86." SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 15-686, relating to location of clerk's office and storage of records, and inserting in lieu thereof a new subsection (b) to read as follows: "(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 written 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 within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse." SECTION 3. Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 36-9-5, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents: (A) In a fireproof safe or vault; (B) In fireproof cabinets; (C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives; or (D) At a location iiut muie than 25 miles fiom the cuuithuuse within the State of Georgia and in a building or facility which is in compliance with the fire safety stan dards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on May 18, 1972." 1096 JOURNAL OF THE SENATE SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Cagle of the 49th offered the following amendment: Amend the committee substitute to SB 324 by striking line 26 of page 2 in its entirety and substituting therein the following: "not more than 45 miles from the county in a" On the adoption of the amendment, the yeas were 32, nays 0, and the Cagle amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Hill. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the third time and final action suspended on March 11, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 92. By Senators Abernathy of the 38th, Taylor of the 12th, Walker of the 22nd and others: A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for a student FRIDAY, MARCH 14, 1997 1097 code of conduct to be adopted by each local board of education; to provide mini mum provisions of each student code of conduct; to provide for disciplinary ac tions against students who violate the code of conduct; to provide for acts consti tuting misconduct which may be punishable by expulsion or suspension. The substitute offered by Senator Abernathy of the 38th, adopted on March 11, as it appears in the Journal of March 11, was automatically reconsidered and put upon its adoption. Senators Land of the 16th and Marable of the 52nd offered the following amendment: Amend the floor substitute to SB 92 by deleting on page 1, lines 23 through 29 and inserting in their place: "(a) Each local board of education may adopt a policy encompassing a student code of conduct which contains the following provisions:" and deleting on page 2, line 14, "shall" and replacing it with "may" and striking on page 6, lines 7 through 30, and renumbering "Section 5" as "Section 4" and renumbering "Section 6" as "Section 5". On the adoption of the amendment to the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Brown of 26th Burton Cagle Crotts Egan Glanton Guhl Harbison Hill Huggins Johnson of 2nd Kemp Land Madden Marable Middleton Oliver Price of 28th Ragan Ralston Ray Roberts Starr Thomas of 54th Those voting in the negative were Senators: Abernathy Blitch Broun of 46th Brush Cheeks Clay Dean Fort Gillis Gochenour Henson Hooks Johnson of 1st Lamutt Langford Perdue Price of 56th Stokes Streat Tanksley Taylor Thompson Turner Tysinger Those not voting were Senators: Griffin James Scott Thomas of 10th Walker On the adoption of the amendment, the yeas were 27, nays 24, and the Land, Marable amendment to the Abernathy substitute, was adopted. Senator Brush of the 24th moved that the Senate reconsider its action in adopting the Land, Marable amendment. On the motion, the yeas were 21, nays 24, and the motion was lost. Senators Johnson of the 1st and Abernathy of the 38th offered the following amendment: 1098 JOURNAL OF THE SENATE Amend the floor substitute to SB 92 by deleting Section 2 and Section 3. Renumber remaining sections. 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 Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Voting in the negative were Senators Brown of 26th and Streat. Not voting were Senators Griffin and Thomas of 10th. On the adoption of the amendment, the yeas were 52, nays 2, and the Johnson, Abernathy amendment to the Abernathy substitute was adopted. Senator Taylor of the 12th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 41, nays 1; the motion prevailed, and Senator Griffin was excused. On the adoption of the substitute, the yeas were 33, nays 2, 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 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott FRIDAY, MARCH 14, 1997 1099 Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Walker Those voting in the negative were Senators: Brush Clay Streat Tysinger Not voting were Senators Hill and Thomas of 10th. On the passage of the bill, the yeas were 49, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. SB 341. By Senator Gochenour of the 27th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, so as to provide that indi viduals have the right to be provided with any medical treatment desired or authorized under certain conditions; to provide immunity from disciplinary ac tions. The Senate Health and Human Services Committee offered the following substitute to SB 341: A BILL To be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, so as to provide that individu als have the right to be provided with any medical treatment desired or authorized under certain conditions; to provide for a short title; to provide immunity from disciplinary ac tions; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, is amended by adding after Code Section 43-34-42 a new Code section to read as follows: "43-34-42.1. (a) This Code section shall be known and may be cited as the 'Access to Medical Treat ment Act.' (b) Notwithstanding any other provision of law, and except as provided in subsection (c) of this Code section, an individual shall have the right to be treated by a person licensed to practice medicine under this article with any investigational medical treatment that such individual desires or the legal representative of such individual authorizes if such person licensed to practice medicine under this article has personally examined such individual and agrees to treat such individual. (c) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (b) of this Code section if: (1) There is no reasonable basis to conclude that the medical treatment itself, when used as directed, poses an unreasonable and significant risk of danger to such individ ual; and (2) The person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative that 1100 JOURNAL OF THE SENATE explains the nature of the treatment and the material risks generally recognized by reasonably prudent physicians of such treatment's side effects. (d) A person licensed to practice medicine under this article administering treatments to a patient in compliance with this Code section shall not be subject to disciplinary action by the board solely on the basis that such licensee administers treatment in compliance with this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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. On the 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 Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Tysinger Walker Voting in the negative were Senators Price of 56th and Ray. Those not voting were Senators: Broun of 46th Glanton Griffin (excused) Hill Madden Thomas of 10th Turner On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Middleton of the 50th introduced the doctor of the day, Dr. Ernst Nieuwoudt of Dawsonville, Georgia. The Calendar was resumed. FRIDAY, MARCH 14, 1997 1101 SB 141. By Senators Bowen of the 13th and Streat of the 19th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to provide that the Depart ment of Public Safety and its employees are excluded from any grievance proce dure promulgated by the rules or regulations of any other department, agency, or board of state government including the State Personnel Board or the State Merit System of Personnel Administration. The Senate Public Safety Committee offered the following substitute to SB 141: A BILL To be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to repeal certain provisions relat ing to term of service of officers, troopers, communications officers, and licensed examiners and grounds and procedures for discharge; to provide that all officers, troopers, communica tions officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the Department of Public Safety only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder; to repeal certain provisions relating to suspension of members of the Georgia State Patrol; to provide that all officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the Department of Public Safety as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Department of Public Safety, is amended by striking in its entirety Code Section 35-2-46, relating to term of service of officers, troopers, communications officers, and license exam iners and grounds and procedure for discharge, which reads as follows: "35-2-46. All the officers, troopers, communications officers, and driver's license examiners, except the commissioner and deputy commissioner, shall be entitled to serve until retirement; provided, however, that the commissioner or his designee may discharge any officer, trooper, communications officer, or driver's license examiner. This may be accomplished by preferring charges before the appropriate division director before whom the officer, trooper, communications officer, or driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct re flecting discredit on the department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the depart ment due to curtailment of funds or reduction in staff when the separation is in accord ance with the rules and regulations of the State Merit System of Personnel Administration.", and inserting in lieu thereof the following: "35-2-46. All officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder." 1102 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by striking in its entirety Code Section 35-2-47, relating to suspension of members of the Georgia State Patrol, which reads as follows: "35-2-47. The commissioner or his designee may suspend any officer, trooper, communications of ficer, or driver's license examiner from duty for cause and without pay until the hearing before the appropriate division director is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in damage to property or may be detrimen tal or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regula tions adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the appropriate division director, the officer, trooper, communications officer, or driver's license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof.", and inserting in lieu thereof the following: "35-2-47. All officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker FRIDAY, MARCH 14, 1997 1103 Those not voting were Senators: Hill Price of 28th Thomas of 10th On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Perdue of the 18th assumed the Chair. Senator Huggins of the 53rd moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Ralston was excused. The following bill of the Senate, having been read the third time and final action sus pended on March 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calen dar for today, was put upon its passage: SB 82. By Senator James of the 35th: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses. The substitute offered by Senator James of the 35th and adopted on March 13, as it appears in the Journal of March 13, was automatically reconsidered and put upon its adoption. Senator James of the 35th offered the following amendment: Amend the James substitute to SB 82 by changing the word "seven" to "four" on page two, line one. On the adoption of the amendment, the yeas were 33, nays 0, and the James amend ment to the James 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, was agreed to by substitute, as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson 1104 JOURNAL OF THE SENATE Turner Tysinger Walker Not voting were Senators Perdue (presiding) and Ralston (excused). On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 304. By Senators Middleton of the 50th, Henson of the 55th, Thomas of the 10th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to change the provisions regarding unlawful acts and penalties; to change the provisions relat ing to liens of the Department of Medical Assistance; to change the provisions relating to administrative hearings and appeals. The Senate Health and Human Services Committee offered the following substitute to SB 304: A BILL To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to change the provi sions regarding unlawful acts and penalties; to change the provisions relating to liens of the Department of Medical Assistance; to change the provisions relating to administrative hearings and appeals; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by striking Code Section 49-4-146.1, relating to unlawful acts and penalties, and inserting in its place the following: "49-4-146.1. (a) As used in this Code section, the term: (1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction, including but not limited to pleas of first offender and nolo contendere, has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organi zation, or agency. (5) 'Person' means any person, firm, corporation, partnership, or other entity. (6) 'Person with an ownership or control interest' means a person who: (A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; FRIDAY, MARCH 14, 1997 1105 (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 per cent of the value of the property or assets of the provider^ (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (7) 'Provider' means an actual or prospective provider of medical assistance under this chapter. (b) It is unlawful: (1) For any person to obtain or attempt to obtain for himself or herself or any other person any medical assistance or other benefits or payments under this article to which the person is not entitled, or in an amount greater than that to which the person is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he such provider is entitled, or knowingly and willfully to falsify any report or document required under this article. (c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. (c.D(l) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (f) of this Code section but shall not be imposed cumulatively with a penalty under sucE subsection. (2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medi cal assistance or other benefits or payments under this article to which the provider knows he or she is not entitled: (A) When the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assist ance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program; or (B) When the assistance, benefits, or payments are not medically necessary. (d) In addition to any other penalties provided by law, each person violating subsection (b) of this Code section shall be liable to a civil penalty equal to the greater of (1) three times the amount of any such excess benefit or payment or (2) $1,000.00 for each exces sive claim for assistance, benefit, or payment. Additionally, interest on the penalty shall be paid at the rate of 12 percent per annum from the date of payment of any such excessive amount, or from the date of receipt of any claim for an excessive amount when no payment has been made, until the date of payment of such penalty to the department. (e)(l) Whenever the commissioner proposes to recover an amount provided for in subsection (d) of this Code section, he or she shall give 30 days' written notice of his or her intended actions. The notice shall inform the person in violation of subsection 1106 JOURNAL OF THE SENATE (b) of this Code section of his or her right to a hearing, the method by which he or she may obtain a hearing, and that he or she may be represented by an authorized repre sentative, such as legal counsel, relative, friend, or other spokesman spokesperson, or that he or she may represent himself or herself. (2) All hearings held by virtue of this subsection shall be conducted in the same manner as any other contested case within the department and shall be subject to the rules and regulations regarding hearings within the department. As in all con tested cases within the department, the person against whom the commissioner is proceeding under this subsection shall have the right to appeal any adverse adminis trative decision to the superior court of the county of his or her residence or to the Superior Court of Fulton County once he or she exhausts all administrative reme dies within the department. (3) If the person against whom the commissioner is proceeding under this subsection fails to request a hearing or fails to exhaust all administrative remedies within the department, then his or her case shall be treated as an unappealed administrative decision. In any unappealed administrative decision where the aggrieved party fails to request a hearing or fails to exhaust all administrative remedies, the commis sioner shall issue an order to the person against whom the commissioner is proceed ing, directing payment of any amount found to be due pursuant to subsection (d) of this Code section within ten days after service of the order. Upon failure to comply with the commissioner's order, the commissioner may issue a certificate to the clerk of the superior court of the county of residence of the person who is the subject of the order. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon, the clerk shall immediately enter upon his or her record of docketed judgments the name of the person so indebted, that the debt is owed to the state, a designation of the statute under which such amount is found to be due, the amount due, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the superior court. Such entry on the docket by the commissioner shall be without prejudice to the right of the aggrieved party to contest such entry by affidavit of illegality or as otherwise pro vided by law. (f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, suspend or withhold those payments arising from fraud or willful misrepresentation under the Medicaid program, or terminate the participation of any provider if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been convicted uf: (1) Convicted of violating paragraph (1) or (2) of Violating subsection (b) of this Code section; or (2) Convicted of committing Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended:; (3) Excluded or suspended from participation in the medicare program; or (4) Found through the department's hearing process to have committed abuse. In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and sever ity of the crime or violation and the extent to which it adversely affected beneficial ies aud the piogiam invoivett medical assistance recipients and the program. (g) The department shall reinstate a provider whose participation in the medical assist ance program was terminated pursuant to subsection (f) of this Code section if the convic tion upon which the termination was based is reversed or vacated or if the decision of the administrative law judge is reversed in accordance with the department's rules and regulations." FRIDAY, MARCH 14, 1997 1107 SECTION 2. Said article is further amended by striking subsection (b) of Code Section 49-4-149, relating to liens of the Department of Medical Assistance, and inserting in its place the following: "(b) The department may perfect and enforce any lien arising under subsection (a) of this Code section by following the procedures set forth for hospital liens in Code Sections 4414-470 through 44-14-473; except that the department shall have one year from the date the last item of medical care was furnished to file its verified lien statement; and the statement shall be filed with the appropriate clerk of court in the county wherein the recipient resides and in Fulluii Cuuiily. The verified lien statement shall contain the following: the name and address of the person to whom medical care was furnished; the date of injury; the name and address of the provider or providers furnishing medical care; the dates of services; the amount claimed to be due for the care; and, to the best of the department's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. This Code section shall not affect the priority of any attorney's lien." SECTION 3. Said article is further amended by striking subsections (b) and (c) of Code Section 49-4-153, relating to administrative hearings and appeals, and inserting in their place the following: "(b)(l) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Medical Assistance as to any medical or reme dial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a r-A written recommendation on any mattei with lespucl lu which a healing is requested" shall be rendered in writing by a representative uf the cummissiuiiei of medi cal assistance the administrative law judge assigned to hear the matter. Should a deci sion be adverse~to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated rep resentative within 30 days of his or her receipt of the hearing decision. The commis sioner, or the commissioner's designated representative, has ten days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclu sions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all deci sions in contested cases, which file shall be open for public inspection except those ex pressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner. The final administrative recommendation rendered by the commis sioner's representative shall become the final administrative decision of the commis sioner of medical assistance unless the commissioner, within five business days after the recommendation, remands the case for further findings or reverses or modifies the rec ommendation due to the misapplication of law or policy to the facts found by his or her representative. (2) A provider of medical assistance aggiieved by an acliuii uf the Depai Unent uf Medical Assistance with lespecl lu a denial uf or the determination of the amount of medical assistance pttid un a uei lam iltuu ul mtjtliCiil ui ieniedicu ucue ui sei vice itiiueieu \jy Buuh piuvidei shall be entitled to a hearing upon his leqiiesL lliuiufui in wiitiug in accordance with Code Sections 50-13-13 and 50-13-15. A decision shall be rendered in writing by an 1108 JOURNAL OF THE SENATE administrative law judge assigned to hear the matter. The administrative law judge shall be appointed by the Office of State Administrative Hearings. A decision shall be rendered in writing by the commissioner of medical assistance or his or her representa tive. Should such a decision be adverse to llm providei a party and should he a party desire to appeal that decision, he the party must file a request therefor, in writing, with the commissioner within five ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the provider the party. The commissioner may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Medical Assistance shall be entitled to a hearing; provided, however, no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, per mit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Medical Assistance, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Medical Assistance. In cases where an entitle ment to a hearing before the Department of Medical Assistance, pursuant to this para graph, lies, the Department of Medical Assistance shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Medical Assistance for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Medical Assistance, he or she must give written notice of his or her appeal to the commissioner of medical assistance within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter. (c) If any aggrieved party exhausts all the administrative remedies provided in this Code section, judicial review of the final decision of the commissioner may be obtained by filing a petition within 30 days after the service of the final decision of the commissioner" or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Su perior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state. Copies of the petition shall be served upon the commissioner and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the deci sion, and any grounds upon which the petitioner contends that the decision should be re versed or modified. Judicial review of the commissioner's decision may be obtained in the same manner and under the same standards as are applicable to those contested cases which are reviewable pursuant to Code Section 50-13-19; provided, however, that no other provision of Chapter 13 of Title 50 shall be applicable to the department with the exception of Code Sections 50-13-17 and 50-13-19 50-13-13 and 50-13-15. Notwithstanding any other provision of law, a stay of the commissioner's final decision may be granted by a reviewing court to a provider of medical assistance only on condition that such provider posts bond with the commissioner in favor of the state, with good and sufficient surety thereon by a surety company licensed to do business in this state, in an amount determined by the com missioner to be sufficient to recompense the state for all medical assistance which other wise would not be paid to the provider but for the granting of such a stay. A stay may be granted and renewed for time intervals up to three months, so long as bond is posted for every interval of time in which the stay is in effect." FRIDAY, MARCH 14, 1997 1109 SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Middleton of the 50th offered the following amendment: Amend the committee substitute to SB 304 by striking "(f) of this Code section" on line 15 of page 3 and inserting in its place the following: "(d) of this Code section, except as to the amount specified in paragraphs (1) and (2) of that subsection^ By striking the colon on line 21 of page 3 and by striking "(A) When" on line 22 of page 3 and inserting "when". By striking the semicolon and inserting a period on line 28 of page 3. By striking lines 29 through 31 of page 3. By striking lines 27 through 35 of page 7 and inserting in their place the following: "administrative decision of the commissioner. The final admiiiibtiative i ecummeiidatiuii iMiueind by the cummibbiunei 'b mpitaumtallve shall becumti (he final adinmisti alive de- cisiuii "Gi~"tttfc COiriunsiO116r OI illeui^eil o.lStailC6 uniesS tlltr COlHHilSSiuilei1 , wiliilH I1V6 LiuBllltJciS days ctlLtJi tilt; rCCOHllilellClii Ltuii , 1'eiliilHQS tilt; udBc lOi* 1 Lii'lilGT IlilCliAlj^C) OT icvtJjSco Of lliOClillciS Lilt rfcCOilliiltJilClfcitlOll Jllti tO tile illiS&pfjJ.iCfil'iu.Q OI l&W Ol* pulxC^ tO tllfe lcn;Lt> IGiuiCi Jjy I11S JL^^JL cSent^.t>lV6. By striking lines 2 through 4 of page 8 and inserting in their place the following: xd.e3.nngS. A CicCifeioii S113.il uc i'eiiu(ilT6Q 111 Writing uy liiic CuiuiillSSlOllcl* OI HleuiC^.1 &SSlSt~ ante m hih lepiesenlativu. Should such a decision be adverse to". On the adoption of the amendment, the yeas were 33, nays 0, and the Middleton amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted, as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley 1110 JOURNAL OF THE SENATE Taylor Thomas of 54th Thomas of 10th Thompson Turner Not voting was Senator Perdue (presiding). Tysinger Walker On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SR 232. By Senators Oliver of the 42nd, Perdue of the 18th, Land of the 16th and Harbison of the 15th: A resolution creating the Joint Study Committee on the Prevention and Treat ment of Substance Abuse. The Senate Rules Committee offered the following amendment: Amend SR 232 by striking from line 5 of page 3 the word "eight" and inserting in lieu thereof the following: "five". 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 adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Abernathy Glanton Perdue (presiding) Roberts Scott Tysinger On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The President resumed the Chair. FRIDAY, MARCH 14, 1997 1111 SB 63. By Senator James of the 35th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide for creation of a special and distinctive license plate promoting and encouraging recycling; to provide for fees; to provide for dedication of such fees to the trust fund; to provide for authority of the commis sioner. The Senate Transportation Committee offered the following substitute to SB 63: A BILL To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for creation of a special and distinctive license plate promot ing and encouraging recycling; to provide for fees; to provide for dedication of such fees to the trust fund; to provide for authority of the commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by inserting a new Code Section 40-2-60.1 to read as follows: "40-2-60.1. (a) The commissioner shall prepare special and distinctive license plates of a design ap propriate to promote and encourage recycling. Any motor vehicle owner who is a resi dent of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, may submit an application to the commissioner for such a special license plate and, except as otherwise provided in this Code section, upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate by the commissioner. The commissioner shall re tain all applications for such recycling license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Special recycling license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 as a condition of obtaining an annual revalidation decal for such license plate, 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. (b) All manufacturing fees and any additional annual fees received by the department for such special recycling license plates shall be dedicated to the solid waste trust fund as established by Code Section 12-8-27.1 until such time as the recycling and solid waste reduction fund created under Article III, Section IX, Paragraph VI of the Georgia Consti tution is enacted and ratified. (c) The commissioner of revenue is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section; provided, however, that upon ratification of the amendment to the Constitution creating the recycling and solid waste reduction trust fund, all revenues collected pursuant to this Code section and dedicated to such fund shall be paid into such fund and the director of the Environmental Protec tion Division of the Department of Natural Resources shall be authorized to promulgate all rules and regulations relative to the trust fund and the expenditure of moneys from such fund." 1112 JOURNAL OF THE SENATE SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay C rotts Dean Yort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st KemP Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Voting in the negative was Senator Egan. Those not voting were Senators: Ragan Starr Tysinger On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. At 11:45 A.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 10:00 A.M., Monday, March 17, 1997; the motion prevailed. At 12:00 midnight, the Senate adjourned. MONDAY, MARCH 17, 1997 1113 Senate Chamber, Atlanta, Georgia Monday, March 17, 1997 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of Friday, March 14, 1997 pro ceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 919. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the compensation and expense allowances of the chairperson and members of the board of commissioners. HB 929. By Representative Martin of the 145th: A bill to provide a new charter for the City of Metter. HB 948. By Representatives Cooper of the 31st, Bradford of the 30th, Sauder of the 29th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. HB 956. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to amend an Act providing for the Board of Education of Bartow County, so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts. HB 960. By Representative Birdsong of the 123rd: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners. HB 961. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of such board of education. SB 346. By Senators Clay of the 37th, Lamutt of the 21st and Thompson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. 1114 JOURNAL OF THE SENATE HB 348. By Representative Crawford of the 129th: A bill to amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, so as to change the mandatory retirement age. HB 492. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and others: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expendi ture of proceeds from certain insurance premium taxes received by counties. HB 830. By Representative Connell of the 115th: A bill to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to provide an addition al exemption from the provisions of said article. HB 478. By Representative Harbin of the 113th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide that in certain circumstances a mortgage lender who fails to pay the insurance premium when required to do so on a mortgaged house is liable for any insurance claims or reinstatement fees or other similar charges. HB 708. By Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work. HB 505. By Representatives Snow of the 2nd, Byrd of the 170th, Burkhalter of the 41st and others: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide specific license re quirements; to provide for accountability for the work performed by contractors, installers and inspectors. HB 447. By Representatives Twiggs of the 8th, Day of the 153rd and Sherrill of the 62nd: A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotat ed, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, so as to change the time period during which the exemption granted for certain loan or pawn transac tions is applicable. HB 604. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to provide that the Department of Natural Resources shall establish a program for accreditation of laboratories performing environmental testing. MONDAY, MARCH 17, 1997 1115 HB 567. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th and others: A bill to be known as the "School Safety Act of 1997"; to amend Code Section 1511-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled. HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. HB 600. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain for-profit businesses. HB 673. By Representative Twiggs of the 8th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the investigation of family violence incidents. HB 374. By Representative Powell of the 23rd: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 21. By Representative Pinholster of the 15th: A resolution compensating Mr. Andrew Steven Jenkins. HR 22. By Representative Pinholster of the 15th: A resolution compensating Ms. Darla J. Alfredson. HR 43. By Representative Walker of the 87th: A resolution compensating Ms. Joan Smith. HR 113. By Representative Sauder of the 29th: A resolution compensating Ms. Wendy L. Roslund. HR 145. By Representative Cash of the 108th: A resolution compensating Mr. Chad B. Kee. 1116 JOURNAL OF THE SENATE HR 168. By Representative Crews of the 78th: A resolution compensating Mr. Daniel W. Vining. HR 176. By Representative Howard of the 118th: A resolution compensating Ms. Nadine LaVerne Carter. HR 246. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. William E. Lee. HR 247. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. Thomas H. Spelts, Jr. HR 248. By Representative Perry of the llth: A resolution compensating Mr. George Calhoun. HR 313. By Representative Greene of the 158th: A resolution compensating Mr. Alfonzo Price. The House has agreed to the Senate substitute to the following bill of the House: HB 403. By Representatives Coleman of the 80th, Rice of the 79th, Johnston of the 81st and others: A bill to amend an Act creating a new charter for the City of Norcross, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of govern ment. The following bills were introduced, read the first time and referred to committees: SB 395. By Senator Cheeks of the 23rd: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended, so as to change a provision relating to year's support. Referred to Committee on Judiciary. SB 396. By Senator Brush of the 24th: A bill to amend an Act providing for election of members of the Board of Educa tion of Lincoln County so as to provide for staggered terms of office; to provide for the submission of this Act to the United States Attorney General for approv al. Referred to Committee on State and Local Governmental Operations. SR 339. By Senators Henson of the 55th, Stokes of the 43rd and Taylor of the 12th: A resolution creating the Senate Study Committee on Job Training; to provide for a study of the needs for coordination of state and federal funds relating to job training programs. Referred to Committee on Rules. MONDAY, MARCH 17, 1997 1117 SR 340. By Senators Stokes of the 43rd, Oliver of the 42nd, Thomas of the 10th and others: A resolution creating the Senate Study Committee on Women's Health Care Is sues. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 348. By Representative Crawford of the 129th: A bill to amend Article 6 of Chapter 10 of Title 47 of the O.C.G.A., relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, so as to change the mandatory retirement age. Referred to Retirement Committee. HB 374. By Representative Powell of the 23rd: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants. Referred to Judiciary Committee. HB 447. By Representatives Twiggs of the 8th, Day of the 153rd and Sherrill of the 62nd: A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotat ed, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, so as to change the time period during which the exemption granted for certain loan or pawn transac tions is applicable. Referred to Public Safety Committee. HB 478. By Representative Harbin of the 113th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide that in certain circumstances a mortgage lender who fails to pay the insurance premium when required to do so on a mortgaged house is liable for any insurance claims or reinstatement fees or other similar charges. Referred to Banking and Financial Institutions Committee. HB 492. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expendi ture of proceeds from certain insurance premium taxes received by counties. Referred to Insurance and Labor Committee. HB 505. By Representatives Snow of the 2nd, Byrd of the 170th, Burkhalter of the 41st and others: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide specific license re quirements; to provide for accountability for the work performed by contractors, installers, and inspectors. Referred to Consumer Affairs Committee. 1118 JOURNAL OF THE SENATE HB 567. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th and others: A bill to be known as the "School Safety Act of 1997"; to amend Code Section 1511-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled. Referred to Judiciary Committee. HB 600. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain for-profit businesses. Referred to Health and Human Services Committee. HB 604. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to provide that the Department of Natural Resources shall establish a program for accreditation of laboratories performing environmental testing. Referred to Natural Resources Committee. HB 673. By Representative Twiggs of the 8th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the investigation of family violence incidents. Referred to Judiciary Committee. HB 708. By Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work. Referred to Consumer Affairs Committee. HB 830. By Representative Connell of the 115th: A bill to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to provide an addition al exemption from the provisions of said article. Referred to Health and Human Services Committee. MONDAY, MARCH 17, 1997 1119 HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. Referred to State and Local Governmental Operations Committee (General). HB 919. By Representatives Snelling of the 99th and Worthan of the 98th: A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the compensation and expense allowances of the chairperson and members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 929. By Representative Martin of the 145th: A bill to provide a new charter for the City of Metter. Referred to State and Local Governmental Operations Committee. HB 948. By Representatives Cooper of the 31st, Bradford of the 30th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to State and Local Governmental Operations Committee. HB 956. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to amend an Act providing for the Board of Education of Bartow County, so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts. Referred to State and Local Governmental Operations Committee. HB 960. By Representative Birdsong of the 123rd: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 961. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the provisions relating to the compensation of the chairperson and other members of such board of education. Referred to State and Local Governmental Operations Committee. HR 21. By Representative Pinholster of the 15th: A resolution compensating Mr. Andrew Steven Jenkins. Referred to Appropriations Committee. 1120 JOURNAL OF THE SENATE HR 22. By Representative Pinholster of the 15th: A resolution compensating Ms. Darla J. Alfredson. Referred to Appropriations Committee. HR 43. By Representative Walker of the 87th: A resolution compensating Ms. Joan Smith. Referred to Appropriations Committee. HR 113. By Representative Sauder of the 29th: A resolution compensating Ms. Wendy L. Roslund. Referred to Appropriations Committee. HR 145. By Representative Cash of the 108th: A resolution compensating Mr. Chad B. Kee. Referred to Appropriations Committee. HR 168. By Representative Crews of the 78th: A resolution compensating Mr. Daniel W. Vining. Referred to Appropriations Committee. HR 176. By Representative Howard of the 118th: A resolution compensating Ms. Nadine LaVerne Carter. Referred to Appropriations Committee. HR 246. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. William E. Lee. Referred to Appropriations Committee. HR 247. By Representative Greene of the 158th: A resolution compensating Mr. and Mrs. Thomas H. Spelts, Jr. Referred to Appropriations Committee. HR 248. By Representative Perry of the llth: A resolution compensating Mr. George Calhoun. Referred to Appropriations Committee. HR 313. By Representative Greene of the 158th: A resolution compensating Mr. Alfonzo Price. Referred to Appropriations Committee. HR 492. By Representatives McKinney of the 51st, Ashe of the 46th, McClinton of the 68th and others: A resolution commending the Metropolitan Atlanta Rapid Transit Authority (MARTA) for its stellar performance during the 1996 Olympic Games. Referred to Transportation Committee. The following committee reports were read by the Secretary: MONDAY, MARCH 17, 1997 1121 Mr. President: The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 681. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd 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 606. Do pass. HB 794. Do pass. HB 901. Do pass. HB 903. Do pass. HB 795. Do pass. HB 904. Do pass. HB 857. Do pass. HB 906. Do pass. HB 882. Do pass. HB 909. Do pass. HB 892. Do pass. HB 920. Do pass. HB 899. Do pass. HB 900. Do pass. HB 922. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills were read the second time: HB 255 HB 295 HB 326 HB 587 The President called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Perdue Price of 56th Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not answering were Senators: Langford Price of 28th Ragan Scott Walker 1122 JOURNAL OF THE SENATE The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Roberts of the 30th introduced the chaplain of the day, Revered John D. Hughes, pastor of Heritage Baptist Church, Douglasville, Georgia, who offered scripture reading and prayer. Senator Streat of the 19th introduced the doctor of the day, Dr. Perry Streat of Alma, Georgia. The following communication was filed with the Secretary: 3/17/97 Please let the record show that I was in attendance 3/17/97 even though I missed Roll Call. Isl Langford 29th The following resolutions were read and adopted: SR 335. By Senator Cheeks of the 23rd: A resolution recognizing and commending John P. Stevens, Sr. SR 341. By Senator Glanton of the 34th: A resolution commending Benjamin Hudgins. SR 342. By Senator Glanton of the 34th: A resolution commending Michael Mahon. SR 343. By Senator Brush of the 24th: A resolution honoring Mrs. Leverta H. Elam. SR 344. By Senator Brush of the 24th: A resolution honoring Robert Waller. SR 345. By Senator Brush of the 24th: A resolution commending Ms. Christy J. Gardner. SR 346. By Senator Brush of the 24th: A resolution honoring Gail D. Duggan. SR 347. By Senator Brush of the 24th: A resolution honoring Mrs. Peggy A. Horton. SR 348. By Senator Brush of the 24th: A resolution commending Mrs. Cecelia Fancher Powell. SR 349. By Senator Price of the 56th: A resolution commending the Roswell High School basketball team. SR 350. By Senator Cheeks of the 23rd: A resolution commending the Curtis Baptist High School boys basketball team. MONDAY, MARCH 17, 1997 1123 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 17, 1997 THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 606 Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Ray, 48th Price, T., 56th FULTON COUNTY Amends an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the qualifications of members of the library board of trustees. HB 794 Thomas, D., 54th CATOOSA COUNTY Amends an Act creating the office of tax commissioners of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commis sioner. HB 795 Thomas, D., 54th CATOOSA COUNTY Amends an Act placing the judge of the probate court and the clerk of the Supe rior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court and the clerk of superior court. HB 857 Turner, 8th Ragan, llth THOMAS COUNTY Amends an act entitled "An Act to provide for the Board of Education of Thomas County," so as to provide a per diem allowance for members of such board. HB 882 Guhl, 45th CITY OF MONROE WALTON COUNTY Amends an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change the provisions relating to the city adminis trator. HB 892 Kemp, 3rd LIBERTY COUNTY Repeals an Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such offices. 1124 JOURNAL OF THE SENATE HB 899 Johnson, E., 1st Johnson, D., 2nd CHATHAM COUNTY Amends an Act creating the State Court of Chatham County, so as to change terms of court. HB 900 Lamutt, 21st Thompson, 33rd Tanksley, 32nd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court. HB 901 Lamutt, 21st Thompson, 33rd Tanksley, 32nd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act consolidating the offices of tax collector and tax recei/er into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner. HB 903 Brush, 24th LINCOLN COUNTY Creates the Lincoln County Recreation Authority. HB 904 Madden, 47th FRANKLIN COUNTY Creates the Franklin County Public Building Authority. HB 906 Madden, 47th FRANKLIN COUNTY Amends an Act to create a new Board of Commissioners of Franklin County, so as to provide for staggered terms. HB 909 Roberts, 30th CARROLL COUNTY Provides for the Carroll County Board of Elections and provides that it will suc ceed to the powers and duties of another board of elections and of the election superintendent. HB 920 Glanton, 34th DOUGLAS COUNTY Creates the Douglasville Convention and Conference Center Authority. HB 922 Streat, 19th IRWIN COUNTY Amends an Act creating the Board of Commissioners of Irwin County, so as to provide for staggered elections for the chairperson and members of the board. MONDAY, MARCH 17, 1997 1125 The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Brush Clay Thomas of 10th On the passage of the local bills, the yeas were 52, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. The following uncontested resolutions of the Senate and House, favorably reported by the committee as listed on the General Consent Calendar for Commemorative Resolutions were put upon their adoption: GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS Monday, March 17, 1997 THIRTY-THIRD LEGISLATIVE DAY *SR 304 L.G. Landers Memorial Bridge--designate (Amendment) (Trans--33rd) *SR 305 Walter H. Buce Memorial Bridge--designate (Amendment) (Trans--33rd) *HR 245 "Chet Atkins Parkway"; designate portion of 1-185 (Trans--16th) (Substitute) Smith--102nd (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1997.) HR 289 William Crittenden Building; designate (SLGO--G--25th) Parham--122nd The amendments to the following resolutions were read and put upon their adoption: *SR 304: The Senate Transportation Committee offered the following amendment: 1126 JOURNAL OF THE SENATE Amend SR 304 by striking in their entirety lines 1 through 4 of page 1 and inserting in lieu thereof the following: "Honoring the late L.G. Landers and designating the bridge separating Austell Road and Maxim Road (State Route 5) in the City of Austell as the 'L.G. Landers Memorial Bridge'; honoring the late Wendell Lee Bagwell and designating a portion of U.S. 278 in Paulding County the 'Wendy Bagwell Parkway'; and for other purposes." By striking lines 18 through 26 of page 1 and inserting in lieu there the following: "BE IT FURTHER RESOLVED that the bridge separating Austell Road and Maxim Road (State Route 5) in the City of Austell is designated as the 'L.G. Landers Memorial Bridge,' and that the portion of U.S. 278 in Paulding County is designated as the Wendy Bagwell Parkway.' BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge and the parkway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the families of the late L.G. Landers and the late Wendell Bagwell." On the adoption of the amendment, the yeas were 50, nays 0, and the amendment to SR 304 was adopted. *SR 305: The Senate Transportation Committee offered the following amendment: Amend SR 305 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following: "Honoring the late Walter H. Buce and designating the bridge carrying Mableton Parkway (State Route 139) over the Chattahoochee River at the Cobb County-Fulton County line as the 'Walter H. Buce Memorial Bridge'; honoring the late Segal Durrence and designating the bridge across Thomas Creek on State Route 57 South between Reidsville and Glennville as the 'Segal Durrence Memorial Bridge'; and for other purposes." By striking lines 20 through 29 of page 1 and inserting in lieu thereof the following: "BE IT FURTHER RESOLVED that the bridge carrying Mableton Parkway (State Route 139) over the Chattahoochee River at the Cobb County-Fulton County line is designated as the "Walter H. Buce Memorial Bridge,' and the bridge across Thomas Creek on State Route 57 South between Reidsville and Glennville is designated as the 'Segal Durrence Memorial Bridge.' BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridges. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the families of the late Walter H. Buce and the late Segal Durrence." On the adoption of the amendment, the yeas were 50, nays 0, and the amendment to SR 305 was adopted. The following resolution of the House, having been read the third time and final action suspended on March 13, 1997, pursuant to Senate Rule 143, and placed on the General Consent Calendar for Commemorative Resolutions for today, was continued upon its adoption: HR 245. By Representatives Smith of the 102nd, Epps of the 131st and Brown of the 130th: A resolution designating a portion of Interstate 1-185 as the "Chet Atkins Park way". Senate Sponsor: Senator Land of the 16th. MONDAY, MARCH 17, 1997 1127 The substitute offered by Senator Dean of the 31st and adopted on March 13, as it appears in the Journal of March 13, was automatically reconsidered. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute to HR 245 was adopted. On the adoption of the resolutions on the General Consent Calendar for Commemora tive Resolutions, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Hugging James Johnson of 2nd Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Brown of 26th Johnson of 1st Kemp Oliver Thompson On the adoption of the resolutions, the yeas were 50, nays 0. The resolutions on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, were adopted. SR 304 and SR 305, having received the requisite constitutional majority, were adopted as amended. HR 245, having received the requisite constitutional majority, was adopted by substitute. SENATE RULES CALENDAR Monday, March 17, 1997 THIRTY-THIRD LEGISLATIVE DAY SR 72 Joint Driver's Education Study Committee--create (Substitute) (Rules--2nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 14, 1997.) SB 357 Abortion--prohibit particular method (S Judy--44th) SB 382 Certain Senate and House Districts--change descriptions (Substitute) (Reap- por--7th) SB 272 Vehicle Length Limitations--change provisions (Substitute) (Trans--1st) SB 371 Venue for Corporations--amend provisions (Substitute) (Judy--51st) SB 372 Venue--joint, several tortfeasors residing in different counties (Judy--51st) 1128 JOURNAL OF THE SENATE SB 356 Insurer Insolvent--distribution of claims (Substitute) (I&L--29th) SB 287 Cosmetology--nail care profession, schools deregulation (Substitute) (SLGO-- G--19th) SB 376 Workers' Compensation Insurance Policies--investigation of complaints against insurers (Substitute) (I&L--29th) SB 383 Counties, Municipal Corporations--establish disability commissions (Amend ment) (SLGO--G--7th) SB 33 Merit System--composition of classified, unclassified service (I&L--6th) SR 278 Air Quality--urge EPA reaffirm existing standards for ozone, particulate mat ter (Substitute) (Nat R--20th) SR 200 CA: Civil Trials--juries of six (Judy--3rd) SB 369 Courts--compensation, travel, certain appellate court justices, judges (Judy-- 51st) SR 286 Rail Passenger Authority--directing to undertake certain studies (Amendment) (Trans--33rd) SB 366 Ralph Mark Gilbert Civil Rights Museum--designate official musem.? (SLGO-- G--2nd) SB 370 Appeals in Actions Filed by Prisoners--application (Judy--51st) SR 65 Transportation--alternative modes for metro Atlanta (Trans--33rd) SB 203 Open Alcoholic Beverage Container in Vehicle--unlawful for passenger and driver (Amendment) (Trans--37th) SB 262 Privatization--training, assistance for employees displaced (SLGO--G--43rd) SB 187 Child Custody--presumption of joint legal and physical custody (Substitute) (S Judy--35th) SB 319 Public Property Condemnation--water quality emergencies (Substitute) (SLGO--G--29th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee The following general resolution of the Senate, having been read the third time and final action suspended on March 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption: SR 72. By Senators Johnson of the 2nd, Dean of the 31st, James of the 35th and others: A resolution creating the Joint Driver's Education Study Committee. The substitute offered by Senators Thompson of the 33rd, and others adopted on March 14, as it appears in the Journal of March 14, was automatically reconsidered. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to by substitute. MONDAY, MARCH 17, 1997 1129 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators Brown of the 26th and Oliver. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 761. By Representatives Davis of the 48th and Orrock of the 56th: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to clarify cer tain powers and provide for others. The following general bills were read the third time and put upon their passage: SB 357. By Senators Starr of the 44th, Perdue of the 18th, Balfour of the 9th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method; to provide for penalties, civil actions, and relief; to provide for exceptions. Senator Cheeks of the 23rd moved the previous question. There was no objection and the previous question 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 Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts 1130 JOURNAL OF THE SENATE Dean Egan Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Those voting in the negative were Senators: Brown of 26th Fort Griffin Henson James Johnson of 2nd Langford Scott Not voting was Senator Oliver. Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Stokes Thomas of 10th Walker On the passage of the bill, the yeas were 44, nays 11. The bill, having received the requisite constitutional majority, was passed. SB 382. By Senators Blitch of the 7th, Walker of the 22nd and Perdue of the 18th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to the apportionment of the House of Representatives and the Senate and the qualification of members, so as to change the description of certain House and Senate districts. The Senate Reapportionment Committee offered the following substitute to SB 382: A BILL To be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms; to provide for Voting Rights Act submission; to provide for automatic repeal under certain conditions; 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 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of the 56 senato rial districts immediately following the second sentence of subsection (a) thereof and in serting in its place the description of the 56 senatorial districts attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: sconsent." SECTION 2. Said Code section is further amended by striking subsection (c) thereof and inserting in its place the following: "(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1997 1999. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and MONDAY, MARCH 17, 1997 1131 until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1990 1998 for the purpose of electing members of the Senate in 1996 1998 who are to take office in i99Y 1999. Successors to those members shall likewise be elected under the provisions of this Code section." SECTION 3. Said Code section is further amended by striking paragraph (2) of subsection (d) thereof and inserting in its place the following: "(2) Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geo graphical boundaries of that city as such boundaries existed on August 1, 1995 January 1, 1997." SECTION 4. The Attorney General of the State of Georgia shall submit this Act to the United States Attorney General for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, and shall provide to the Governor, the Lieutenant Governor, and the Speaker of the House written notice of the date on which such submission is transmitted to the United States Attorney General. If this Act is within 30 days after such date of submis sion precleared in its entirety under Section 5 of the federal Voting Rights Act by the United States Attorney General, then this Act shall become effective according to its terms. Otherwise, if this Act has not been so precleared in its entirety by midnight of the thirtieth day after such date of submission, then this Act shall as of midnight of such thirtieth day be repealed in its entirety. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Operator: state______________Client: senate______________Plan: sconsent District No. 1 BRYAN Tract:9203. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233A, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M CHATHAM Tract:0029. Tract:0030. Tract:0034. Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0035.01 Tract:0035.02 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group:4 Tract:0039. Block Group:! 1132 JOURNAL OF THE SENATE Block: 401, 402, 403 Tract:0040.01 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0041. Tract:0042.02 Tract:0042.03 Tract:0042.05 Tract:0042.06 Tract:0045. Block: 101B, 102 Tract:0105.01 Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231 Block Group:3 Block Group:4 Block Group:5 Tract:0105.02 Block: 101A, 101B, 107A, 107B, 108, 109, 199, 213 Tract:0106.04 Block: 142A, 143A, 147A, 148, 149 Tract:0108.04 Tract:0108.06 Tract:0108.07 Tract:0108.97 Block: 108A, 109, 111, 112, 113,114, 115, 116,117, 118,120,121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 Block Group:2 Tract:0108.98 Tract:0109.01 Tract:0109.02 Tract:0110.02 Tract:0110.03 Tract:0110.04 Tract:0111.01 Block: 204, 205, 206, 207A, 225, 299H Tract:0111.02 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0111.03 Tract:0111.99 MONDAY, MARCH 17, 1997 1133 District No. 2 CHATHAM Tract:0001. Tract:0003. Tract:0006.01 Tract:0008. Tract:0009. Tract:0010. TractiOOll. Tract:0012. Tract:0013. Tract:0015. Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0032. Tract:0033.01 Tract:0033.02 Tract:0034. Block Group:! Block Group:2 Tract:0035.02 Block Group:! Block Group:2 Block: 302 Tract:0036.01 Tract:0036.02 Tract:0037. Tract:0038. Tract:0039. Block Group:2 Block Group:3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract:0040.01 Block Group:! Tract:0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B, 199 Tract:0043. Tract:0044. Tract:0045. Block: 101A, 103,104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C Block Group:2 Block Group:3 Block Group:4 Tract:0101.01 1134 JOURNAL OF THE SENATE Tract:0101.02 Tract:0102. Tract:0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B,213 Tract:0105.02 Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract:0106.01 Tract:0106.03 Tract:0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract:0106.05 Tract:0106.99 Tract:0107.98 Tract:0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144,145B, 146,147, 148, 149, 199A, 199B Tract:0111.01 Block Group:! Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299A, 299B, 299C, 299D, 299E, 299F, 299G Block Group:3 Block Group:4 Block Group:5 Tract:0111.02 Block Group:! Tract:0112.98 District No. 3 BRYAN Tract:9201. Tract:9202. Tract:9203. Block: 232 GLYNN Tract:0004. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 199A, 199B, 199C Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 624, 699A, 699B, 699F, 699G Tract:0005. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314, 315, 316, 317, 399, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group:5 Block Group:6 Block Group:7 MONDAY, MARCH 17, 1997 1135 Block Group:8 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929C, 929D, 930A, 930B, 930C, 930D, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 999B, 999C, 999D, 999E Traet:0006. Tract:0007. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 699A, 699B, 699C, 699D, 699E, 699F, 699G Block Group: 7 Block Group:8 Tract:0008. Block: 116, 117, 118, 119, 120, 121, 122, 123, 124, 131, 132, 133, 134, 135, 136, 137, 199, 406, 407, 408, 409, 425, 426, 518, 519, 520, 521, 522, 523, 524 Tract:0010. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 299A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 399A, 399B LIBERTY LONG MCINTOSH District No. 4 BULLOCH EFFINGHAM EVANS JENKINS SCREVEN TATTNALL District No. 5 DEKALB Tract:0216.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119, 199 Tract:0217.02 Tract:0217.03 Block Group:! Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 426, 499, 499 Tract:0218.05 Block: 201, 202, 203, 205, 206, 207, 208, 209 Tract:0218.06 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138 Block Group:3 Tract:0218.08 1136 JOURNAL OF THE SENATE Tract:0218.09 Tract:0218.10 Block Group:! Block Group:2 Block Group:4 Tract:0218.98 Tract:0219.02 Block Group:! Block Group:2 Block Group:3 GWINNETT Tract:0504.03 Tract:0504.07 Block Group:! Block Group:2 Block Group:4 Block Group:5 Tract:0504.08 Block Group:5 Block Group:6 Tract:0504.09 Tract:0504.10 Tract:0504.11 Tract:0504.12 Tract:0504.13 Tract:0505.06 Block: 206, 207, 208, 209, 210 Block Group:6 Tract:0507.06 Block: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 299 District No. 6 APPLING BRANTLEY GLYNN Tract:0001. Tract:0001.99 Tract:0002. Tract:0003. Tract:0004. Block: 126, 127, 128, 199D, 199E, 601, 602, 623, 625, 626, 627, 628, 699C, 699D, 699E, 699H Tract:0005. Block: 311, 318, 319, 320, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 942, 943, 944, 945, 946, 999A Tract:0007. Block: 623, 624 Tract:0008. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140 Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549 Tract:0009. MONDAY, MARCH 17, 1997 1137 Tract:0010. Block: 234B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299B, 299C, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Block Group:4 Block Group:5 MONTGOMERY PIERCE TOOMBS WAYNE District No. 7 BERRIEN CAMDEN CHARLTON CLINCH COOK ECHOLS LANIER WARE District No. 8 BROOKS LOWNDES THOMAS Tract:9601. Tract:9602. Tract:9603. Tract:9604. Tract:9605. Tract:9606. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 316, 317, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340 Block Group:4 Block Group:5 Tract:9607. Block Group:! Block: 601, 602, 603, 604, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642, 643, 644 Tract:9609. Block: 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 135, 137, 138, 139, 140, 141, 142 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 327, 328, 329, 330, 331, 332 Tract:9610. Block Group:! Block Group:2 Block: 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324, 399U, 399V 1138 JOURNAL OF THE SENATE Tract:9611. District No. 9 GWINNETT Tract:0504.14 Tract:0504.15 Tract:0504.16 Tract:0505.02 Block: 134A, 134B Tract:0505.05 Tract:0505.06 Block Group:! Block: 201, 202, 203, 204, 205, 211, 212, 213, 214, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:7 Tract:0505.07 Tract:0505.08 Block Group:! Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0507.04 Block: 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 199A, 199B, 199C, 199D, 199E Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0507.05 Block: 120, 121, 162A, 162B, 163 Tract:0507.06 Block Group:! Block: 201, 202, 203, 204, 205, 206, 299 Tract:0507.07 Tract:0507.08 Tract:0507.09 Tract:0507.10 Tract:0507.11 District No. 10 DEKALB Tract:0205. Tract:0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 MONDAY, MARCH 17, 1997 1139 Tract:0208. Tract:0209. Tract:0217.04 Block Group:2 Block: 301, 304, 305, 306, 307, 313, 314, 316, 317, 318, 319, 320, 321, 322 Block Group:9 Tract:0218.05 Block: 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract:0218.10 Block Group:3 Tract:0220.01 Block Group:! Block: 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 421, 422, 423, 425 Tract:0222. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614 Tract:0223.02 Block: 310 Tract:0225. Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411 Tract:0226. Block: 304B Tract:0227. Tract:0228. Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 403, 404A, 404B, 405, 406, 407, 408, 409 Block Group:5 Block Group:6 Tract:0230. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Block Group:2 Tract:0231.01 Block: 205, 206, 207 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 508, 521, 525 Tract:0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A, 114B, 115A, 116A, 199 Tract:0231.05 Block: 405A, 409, 410 Tract:0234.03 1140 JOURNAL OF THE SENATE Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 925, 926 Tract:0234.04 Tract:0234.05 Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 199 Block Group:2 Tract:0235.01 Block Group:2 Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03 District No. 11 COLQUITT Tract:9702. Block: 108, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 172, 173, 174, 175, 199A, 199B, 199C, 199D, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 293, 294, 295, 296, 297, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299C, 299C, 299C, 299C, 299C, 299C Tract:9703. Block: 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 215B, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226A, 226B, 299, 299, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:9706. Block: 301, 302A, 302C, 303, 304, 305, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310, 311, 312, 313, 314B, 315A, 315B, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 368, 369, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Tract:9707. Block: 522B, 523, 626B Tract:9708. Tract:9709. DECATUR EARLY GRADY MILLER MITCHELL SEMINOLE MONDAY, MARCH 17, 1997 1141 THOMAS Tract:9606. Block: 310, 311, 312, 313, 314, 315, 318, 319, 320 Tract:9607. Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 634, 635, 636, 637, 638, 639, 640, 641, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671 Tract:9608. Tract:9609. Block: 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 132, 136, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326 Tract:9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T District No. 12 BAKER CALHOUN CLAY DOUGHERTY QUITMAN RANDOLPH District No. 13 COLQUITT Tract:9701. Tract:9702. Block: 101, 102,103, 104,105, 106, 107, 158C, 159, 160, 161, 162, 163, 164,165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 199E, 199F, 199G, 289, 290, 291, 292 Tract:9703. Block Group:! Block: 215A, 216 Tract:9704. Tract:9705. Tract:9706. Block Group:! Block Group:2 Block: 302B, 314A, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371, 399L, 399M, 399N, 399P Tract:9707. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 510C, 511A, 511B, 511C, 512A, 512B, 513A, 513B, 513C, 513D, 514, 515, 516A, 516B, 1142 JOURNAL OF THE SENATE 517A, 517B, 517C, 518A, 518B, 519, 520A, 520B, 520C, 521A, 521B, 522A, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546, 599A, 599B, 599C, 599D, 599E, 599F, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628, 629, 630 CRISP DOOLY TIFT TURNER WILCOX WORTH District No. 14 LEE MACON PEACH SCHLEY STEWART SUMTER TAYLOR TERRELL WEBSTER District No. 15 CHATTAHOOCHEE MUSCOGEE Tract:0001. Tract:0015. Block: 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract:0016. Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A Tract:0020. Tract:0022. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029.01 Tract:0029.02 Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0034. Tract:0106.02 Tract:0106.04 Tract:0106.05 Tract:0106.06 Tract:0107.01 Tract:0107.02 Tract:0107.03 Tract:0108. Tract:0109. MONDAY, MARCH 17, 1997 1143 District No. 16 HARRIS MARION MUSCOGEE Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015. Block Group:! Block Group:2 Block Group:3 Block: 402, 410, 411, 412, 414, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433 Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B Tract:0018. Tract:0019. Tract:0021. Tract:0023. Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105. Tract:0110. TALBOT District No. 17 BUTTS HENRY NEWTON Tract: 1002. Block: 186,187, 188,189, 190,192, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 243, 244, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 260B, 261A, 261B, 261C, 262A, 262B, 263A, 263B, 264A, 264B, 265A, 265B, 265C, 266, 267, 268A, 268B, 271A, 271B, 272, 299G, 299H, 299J, 299K, 299L, 299M, 299N, 299P, 299R, 299T, 299U Block Group:3 1144 JOURNAL OF THE SENATE Block Group:4 Tract: 1003. Block: 317, 318, 319, 320, 321, 322, 323 Tract:1005. Block: 150, 151, 153, 154, 155, 156, 157, 158, 159, 166B, 168B, 169, 170, 171, 172, 173, 174, 175, 176, 186, 199F, 199G Tract: 1008. Tract: 1009. Block Group:! Block: 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 299C ROCKDALE Tract:0602. Block: 509 Block Group:6 Block: 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 799, 799 Tract:0603.02 Block: 622, 626, 627, 633, 634, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 699A, 699B Tract:0604.01 Tract:0604.02 District No. 18 BIBB Tract:0129. Tract:0130. Block Group:! Block: 201C, 202, 231C, 232B, 273A, 273B, 274C, 275, 276B, 277B, 278A, 278B, 279A, 279B, 279C, 280, 281A, 281B, 281C, 282, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 299B, 299C, 299E, 299F, 299G, 299H, 299J Tract:0135.01 Block: 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 499C Block Group:5 Tract:0135.02 BLECKLEY HOUSTON PULASKI District No. 19 ATKINSON BACON BEN HILL COFFEE DODGE IRWIN JEFF DAVIS TELFAIR District No. 20 CANDLER EMANUEL JEFFERSON Tract:9603. Block: 368, 369, 394, 396, 397, 399U Tract:9604. MONDAY, MARCH 17, 1997 1145 Block: 111, 112, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 181, 182A, 182B, 183, 184, 185A, 185B, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 199A, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199D, 199D, 199D, 199D Block Group:2 Block Group:3 Block Group:4 JOHNSON LAURENS TREUTLEN WASHINGTON WHEELER District No. 21 COBB Tract:0302.05 Block: 701, 706, 799, 799 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13 Tract:0303.14 Tract:0303.15 Block Group:4 Block Group:5 Block Group:6 Block Group: 7 Block: 802, 803, 807, 808, 809, 810, 811, 812 Tract:0303.16 Block Group:! Block Group:2 Block: 707, 708 Tract:0303.17 Block Group:! Block Group:2 Block Group:5 Block Group:6 Block Group:7 Tract:0303.18 Block: 201 Tract:0303.19 Tract:0304.01 Block: 901A, 902, 903, 904, 906A, 906B, 907A, 907B, 908, 909, 911, 912, 913, 914, 915, 916, 917, 918, 919A, 919B, 920A, 920B, 920C, 920D, 920E Tract:0304.02 Block: 127, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group:3 Block Group:6 Tract:0304.05 Block Group:! Block Group:2 1146 JOURNAL OF THE SENATE Block Group:3 Block: 401A, 401C, 401D, 401E, 402A, 402B, 403, 404, 405, 406B, 407C Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0305.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block: 906, 907 Tract:0305.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Tract:0305.03 Block: 201, 202A, 202B, 203, 204, 205A, 205B, 205C, 206, 207 Block Group:3 Block Group:4 Block Group:5 District No. 22 RICHMOND Tract:0001. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 514B, 514C, 516A, 516B, 517, 522, 599 Tract:0002. Block: 214 Block Group:3 Block Group:4 Block: 501, 504 Tract:0003. Tract:0004. Tract:0006. Tract:0007. Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015. Tract:0016. Block: 103, 104, 105, 106, 107, 108, 109, 110, 201, 210, 211, 214, 219A, 219B, 220, 232, 233, 235 MONDAY, MARCH 17, 1997 1147 Block Group:4 Block: 503A, 503B, 504, 513 Block Group:6 Block Group:9 Tract:0103. Tract:0104. Tract:0105.04 Block: 910, 912, 913, 914, 927, 928, 929, 930, 931, 934, 935, 936, 937, 938, 939, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 999B, 999C, 999D Tract:0105.05 Tract:0105.06 Tract:0105.07 Tract:0105.08 Block Group:! Block: 701, 702, 703, 704, 705, 706, 707, 711 Tract:0105.10 Block Group:! Block Group:9 Tract:0105.11 Block: 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328 Block Group:9 Tract:0106. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 901, 902A, 902B, 902C, 902D, 903, 904, 905, 906A, 906B, 907, 908, 909, 910, 911, 912A, 912B, 912C, 913, 914, 915A, 915B, 915C, 916, 917, 918, 919, 920A, 920B, 921A, 921B, 922A, 922B, 922C, 922D, 923A, 923B, 923C, 923D, 924A, 924B, 925, 926, 927, 928, 933, 935, 936A, 937, 938, 939, 940, 944A, 944B, 948A, 966, 967, 968, 969A, 969B, 970, 971, 972, 999A, 999B, 999C, 999D, 999E Tract:0107.03 Tract:0107.04 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 199, 199 Tract:0107.05 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 Tract:0108. Block: 901A, 901B, 901E, 901F, 999C District No. 23 BURKE GLASCOCK JEFFERSON Tract:9601. Tract:9602. Tract:9603. Block Group:! Block Group:2 1148 JOURNAL OF THE SENATE Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T Block Group:4 Block Group:5 Block Group:6 Tract:9604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 115, 136, 137, 138, 144, 145, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B RICHMOND Tract:0001. Block: 515, 516C, 518, 519, 520, 521, 525 Tract:0002. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 599, 599, 599 Tract:0016. Block: 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 207C, 208A, 208B, 209, 212, 213A, 213B, 215, 216, 217, 218, 221, 222, 223, 226A, 226B, 227A, 227B, 227C, 229 Block Group:3 Block: 501, 502, 515, 516, 517 Tract:0101.01 Tract:0101.02 Tract:0101.04 Tract:0101.05 Tract:0102.01 Tract:0102.03 Tract:0102.04 Tract:0105.04 Block Group:! Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940, 999A Tract:0105.08 Block: 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721 Tract:0105.09 Tract:0105.10 Block Group:2 Block Group:4 Block Group:5 Tract:0105.11 Block: 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 399 Block Group:4 Tract:0106. Block: 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973, 999F, 999G, 999H, 999J, 999K, 999L Tract:0107.04 Block: 123, 124 Tract:0107.05 MONDAY, MARCH 17, 1997 1149 Block Group:! Block: 239, 240, 241, 242, 243, 299 Tract:0107.06 Tract:0108. Block: 901C, 901D, 901G, 901H, 901J, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 999A, 999B, 999D, 999E, 999F, 999G, 999H, 999J, 999K, 999L, 999M, 999N, 999P, 999R, 999T, 999U, 999V, 999W, 999X Tract:0109.01 Tract:0109.02 WARREN District No. 24 COLUMBIA LINCOLN MCDUFFIE OGLETHORPE WILKES District No. 25 BALDWIN GREENE HANCOCK JASPER JONES Tract:0301.01 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399, 399, 399 Tract:0301.02 Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 929B, 933, 934, 935, 936, 937, 938, 939, 940, 941B, 942B, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952 Tract:0302. Tract:0303. MORGAN PUTNAM TALIAFERRO District No. 26 BIBB Tract:0101. Tract:0102. Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract:0103. Block Group:! Block: 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Tract:0104. Tract:0105. Tract:0106. 1150 JOURNAL OF THE SENATE Tract:0107. Tract:0108. Tract:0110. Block Group:! Block Group:2 Block: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 399B Block Group:4 Block Group:5 Block Group:6 Tract:0111. Tract:0112. Tract:0113. Tract:0114. Tract:0115. Tract:0117.01 Tract:0117.02 Tract:0122. Block: 105A, 105B, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 227, 228A, 228B, 228C, 228D, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299, 299, 299 Tract:0123. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 599, 599 Tract:0124. Tract:0125. Tract:0126. Tract:0127. Tract:0128. Tract:0130. Block: 201A, 201B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232A, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 274A, 274B, 276A, 277A, 292, 293, 294, 295, 296, 297, 299A, 299D Tract:0131.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 502A, 502B, 502C, 503, 504A, 504B, 504C, 504D, 504E, 504F, 504G, 504H, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 599A, 599B Tract:0131.02 Tract:0132.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 115A, 118A, 119A, 120A, 121A, 121B, 122, 201A Block Group:3 Block Group:4 Tract:0132.02 Block: 101, 102A, 102C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 199 MONDAY, MARCH 17, 1997 1151 Block Group:2 Block Group:3 Tract:0133.01 Tract:0133.02 Tract:0137.97 JONES Tract:0301.01 Block: 328A Tract:0301.02 Block: 903A, 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932, 941A, 942A TWIGGS WILKINSON District No. 27 BIBB Tract:0102. Block: 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract:0103. Block: 204 Tract:0110. Block: 317, 318, 319, 399A Tract:0118. Tract:0119. Tract:0120. Tract:0121. Tract:0122. Block: 101, 102, 103, 104, 109, 110, 111, 112, 113, 199, 226 Tract:0123. Block: 501B, 502, 503, 504, 505, 506, 507, 508 Tract:0130. Block: 290 Tract:0131.01 Block: 501 Tract:0132.01 Block: 101B, HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 121E, 123, 124,199, 199, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B, 299 Tract:0132.02 Block: 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract:0134.97 Tract:0134.98 Tract:0135.01 Block Group:! Block Group:2 Block Group:3 Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 499A, 499B Tract:0136.01 Tract:0136.02 Tract:0137.98 CRAWFORD LAMAR MONROE UPSON District No. 28 COWETA FAYETTE 1152 JOURNAL OF THE SENATE Tract: 1402.02 Block: 302A, 304A, 305A, 306, 403A, 403D, 404, 405, 408, 409, 410, 411, 412, 413, 499A, 499C, 501A, 502A, 503, 506A, 507, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A Tract:1403.01 Tract: 1403.02 Tract:1404.01 Block: 307B, 307C, 307D, 312D, 314B, 315B, 315C, 316, 317, 318C, 318D, 319B, 321B, 321C, 322. 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399B, 399C Block Group:4 Tract: 1404.02 Block Group:4 Tract:1405.01 Tract: 1405.02 SPALDING Tract:1601. Tract: 1602, Tract:1603. Block Group:! Tract: 1604. Block: 101, 102, 103. 104, 105, 106, 107, 108, 109, 110A, 111, 112, 113A, 114, 115, 116. 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168, 201A Tract: 1605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119, 120, 121, 122, 123C, 124, 125, 127B, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150A, 150B, 151A, 151B, 152A, 152B, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161A, 161B, 162B, 162C, 163B, 164, 173A, 173B, 174A, 174B, 174C, 175, 176, 177A, 177B, 178, 179, 199A, 199C, 199D, 199E, 199F, 199G Tract: 1606. Tract: 1607. Block: 520B, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 527A, 527B, 528A, 528B, 532A, 532B, 532C, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B, 599C Tract: 1608. Block: 101, 102, 103, 104, 105, 106, 107, 108B, 199, 199, 199, 250, 303, 304, 305 Tract: 1609. Block: 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 113A, 114A, 115A, 116A, 117, 118A, 119, 120, 121, 122, 123, 124 Block Group:2 Block: 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 436, 437 Block Group:5 Tract: 1610. Tract:1611. Tract: 1612. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113. 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126, 201, 212, 213, 225, 301, 312A, 318, 321B, 329, 330, 399, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 428A, 430, 432, 433, 434, 435, 436, 437, 438, 439, MONDAY, MARCH 17, 1997 1153 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 499, 499, 499, 499, 499 District No. 29 HEARD MERIWETHER PIKE SPALDING Tract: 1603. Block Group:2 Tract: 1604. Block: HOB, 113B, 119, 120A, 120B, 121, 122, 123A, 123B, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162A, 162B, 163A, 163B, 164A, 164B, 164C, 165, 169, 170, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251A, 251B, 252, 253, 254 Block Group:3 Block Group:4 Tract: 1605. Block: 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B Tract: 1607. Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 516B, 517A, 517B, 518, 519, 520A, 529, 530A, 530B, 531, 532D, 557, 558, 559, 560, 561, 562 Tract:1608. Block: 108A, 109, 110, 111, 112, 113,114, 115, 116, 117, 118, 119, 120, 121,122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 301, 302, 306, 307, 308, 309, 310, 311 Block Group:4 Tract: 1609. Block: 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441 Tract:1612. Block: 119B, 120, 121, 122, 123B, 199, 199, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312B, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 405A, 406A, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447, 499, 499 TROUP District No. 30 CARROLL DOUGLAS Tract:0802. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 199, 199, 202, 203, 210, 211, 212, 214, 215, 216, 220, 225, 226, 227, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 499, 504, 505, 506, 507, 508, 509, 510 Tract:0803. Tract:0804. Tract:0805.01 1154 JOURNAL OF THE SENATE Tract:0805.03 Tract:0805.04 Tract:0806.01 Block Group:! Block: 204, 205 Block Group:3 Tract:0807.98 District No. 31 BARTOW Tract:9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B Tract:9604. Block: 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract:9605. Block Group:! Block Group:2 Block: 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract:9606. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B, 614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624, 699A, 699C, 699D Tract:9607. Block: 137, 138, 139, 140A, 140B, 140C, 140D, 141A, 141B, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 199A, 199B, 199C, 199D Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9608. Block: 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A, 531B, 531C, 532, 533, 534, 535 Tract:9609. Tract:9610. Block: 103,105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113A, 113B, 114, 115,116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L Block Group:2 HARALSON PAULDING POLK MONDAY, MARCH 17, 1997 1155 District No. 32 COBB Tract:0303.15 Block: 801, 804, 805, 806 Tract:0303.16 Block Group:3 Block Group:4 Block Group: 5 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712, 799, 799, 799, 799 Block Group:8 Block Group:9 Tract:0303.17 Block Group:3 Block Group:4 Tract:0303.18 Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 299, 299, 299 Block Group:3 Block Group:4 Block Group:9 Tract:0303.20 Tract:0303.21 Block Group:2 Block: 301, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402B, 402C, 403B, 403C, 403D, 404B, 405A, 405B, 406B, 408B, 412, 413 Block Group:5 Block Group:6 Block Group:9 Tract:0304.01 Block Group:! Block Group:2 Block: 901B, 905, 910 Tract:0304.02 Block: 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 212, 213, 214, 215 Block Group:9 Tract:0304.05 Block: 401B, 406A, 407A, 407B, 407D, 407E, 407F, 407G, 408, 409, 410 Tract:0304.06 Block: 401D, 401F, 501D Block Group:6 Block Group:7 Block Group:8 Tract:0310.01 Block: 210, 216C, 216D, 228B Tract:0310.02 Block: 120A Tract:0310.03 Block: 110A, 112A, 113A Tract:0311.01 Block Group:! Block: 201, 203, 210, 211, 212, 213, 214 Block Group:3 Tract:0311.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, HOC, HOD, HOE, HOP, 111, 116A, 116B, 117, 118, 119, 120, 122 1156 JOURNAL OF THE SENATE Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0311.05 Tract:0311.06 Tract:0311.07 Tract:0311.08 Block: 303A, 304, 308, 310A, 319 Tract:0311.09 Block: That part of Block 102 which lies south and west of Spring Lake Drive ex tended to its intersection with Lake Park Drive. 109, 113, 114, 119, 120 Tract:0312.02 Block: 301, 302, 303, 305, 309, 310, 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 399B, 399C, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505, 528, 529, 530 Block Group:6 Tract:0312.03 Block: 101B, 102, 103, 104, 105, 106, 107B, 107C, 109, 110A, HOB, 111, 112, 113, 114, 115 Block Group:5 Tract:0312.04 Tract:0313.01 Block: 101B, 155A, 155B, 155C, 156, 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 234, 235 Block Group:4 Block Group:9 Tract:0313.02 Block: 401, 404C, 405B, 407, 408A Tract:0314.03 Block: 101, 102, 103, 104, 105 Block Group:2 Block Group:3 Block Group:4 District No. 33 COBB Tract:0303.21 Block: 302A, 402A, 403A, 404A, 406A, 407, 408A, 409, 410, 411 Tract:0304.04 Tract:0304.06 Block Group:! Block Group:3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract:0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C, 905D, 908A, 908B, 909 Tract:0305.02 Block Group:6 Tract:0305.03 Block Group:! Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group:6 Tract:0306. Block: 101A, 101B, 102A, 102B, 103A, 103B, 106A, 106C, 107, 108A, 108B, 109A, 109B, 109C, 110A, HOB, HOC, 111, 112, 113A, 113B, 114, 115A, 115B, 115C, 116, MONDAY, MARCH 17, 1997 1157 117, 118A, 118B, 118C, 119A, 119B, 119C, 120A, 120B, 121, 122A, 122B, 123, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128A, 128B, 132A, 132B, 132C Block Group:2 Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 406, 407, 408, 409, 410 Tract:0307. Tract:0308. Tract:0309.02 Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group:5 Block Group:6 Block: 701A, 701B, 701C Tract:0309.03 Block Group:! Block Group:2 Block Group:7 Block Group:8 Tract:0310.01 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231, 299 Block Group:9 Tract:0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract:0310.03 Block: 102, 103, 104, 105, 107, 108, 109, HOB, 111, 112B, 113B Block Group:2 Block Group:3 Block Group:4 Block Group: 5 Block Group:6 Block Group:7 Block Group:8 Tract:0311.01 Block: 202, 204, 205, 206, 207, 208, 209 Tract:0311.03 Block: 112, 113, 114, 115, 121, 128 Tract:0311.08 Block Group:! Block Group:2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A. 313B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399 Block Group:4 Tract:0311.09 Block: 101A, 101B, 101C, That part of Block 102 which lies north and east of Spring Lake Drive extended to its intersection with Lake Park Drive. 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 110, 111, 112, 115A, 115B, 116, 117A, 117B, 118 Block Group: 5 Tract:0312.03 Block: 101A, 107A, 108 1158 JOURNAL OF THE SENATE Tract:0313.01 Block: 101A, 102,103,104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 299 Block Group:3 Tract:0313.02 Block Group:! Block Group:2 Block Group:3 Block Group:9 Tract:0313.04 Tract:0313.05 Tract:0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:5 Block Group:6 Tract:0314.04 Tract:0314.98 Block Group:! Block: 201, 202, 204A, 204B, 205, 206, 207, 208A, 208B, 209, 213, 247, 250A, 250B, 250C, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0315.01 Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B, 313, 314, 315A, 315B, 316, 317, 318, 319, 399 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0315.02 Block Group:! Block Group:2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505B, 505C, 507, 508, 509, 510, 511, 512, 513, 514, 521, 522, 523A, 523B, 524, 527, 528, 529 Block Group:6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 706, 708 Block Group:8 Block: 906A, 907A, 908A, 909, 910A Tract:0316.97 District No. 34 CLAYTON Tract:0404.01 Block: 710, 711 Tract:0404.02 Block: 516, 517, 518, 519, 520, 522, 523, 524, 525, 526, 527, 528, 599 Tract:0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Block Group:3 Block: 401, 405, 406, 407, 408, 409 MONDAY, MARCH 17, 1997 1159 Tract:0405.05 Block: 601A, That part of Block 601B which lies south of a branch of Camp Creek. 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614 Tract:0405.07 Tract:0405.08 Tract:0406.03 Block Group:! Block Group:2 Block: 301, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, 315 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0406.04 Block Group:2 Block: 303, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338A, 338B, 341 Tract:0406.05 Tract:0406.06 Tract:0406.07 Tract:0406.08 DOUGLAS Tract:0801.98 Tract:0802. Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228, 299 Block Group:3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract:0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 299 Block Group:4 Block Group:5 Block Group:6 Tract:0806.02 Tract:0807.97 FAYETTE Tract: 1401.01 Tract:1401.02 Tract: 1402.01 Tract:1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 399, 399, 401, 402, 403B, 403C, 406, 407, 499B, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B, 599B Tract:1404.01 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A, 399A Block Group:5 Tract: 1404.02 Block Group:! Block Group:2 Block Group:3 FULTON Tract:0103.01 1160 JOURNAL OF THE SENATE Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 899, 899, 899, 899, 899, 899, 899, 899, 899 Tract:0104. District No. 35 FULTON Tract:0073. Block: 209B Tract:0077.02 Block: 222, 223, 301, 302, 303, 304, 314, 315, 316, 317, 319, 320, 321, 322, 323, 325A, 325B, 326, 327, 330, 399A, 399B Block Group:4 Tract:0078.02 Block: 101A, 101B, 102A, 102B, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109, 110, 114, 115, 116, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 120, 121, 122, 123, 125, 126, 127, 199A, 199B, 199C, 199D, 199E, 199F Block Group:2 Block Group:3 Tract:0078.03 Block: 245B, 301D, 302B, 303B, 304, 305, 306 Block Group:4 Block Group:5 Block Group:6 Block: 704B, 705, 706B, 707B, 707C, 708 Tract:0103.01 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709, 721, 722, 799, 841, 842 Tract:0103.02 Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109. Tract:0110. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0111. Block: 310, 311, 312A, 312B, 314, 403, 406, 408, 409, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 420, 421 Tract:0112.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614 Block Group:? MONDAY, MARCH 17, 1997 1161 Block Group:8 TractOl 13.01 Block: 110, 112, 118, 202, 203, 204, 205, 206, 208, 210, 211, 303, 304, 305, 306, 307, 308, 309, 310, 311 Block Group:4 Block: 501, 502, 503, 599 Tract:0113.02 District No. 36 FULTON Tract:0001. Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group:5 Tract:0002. Block: 201, 206, 207, 208, 209, 210, 211 Block Group:3 Block Group:4 Block Group:5 Tract:0004. Block: 101, 199 Tract:0005. Block: 201, 207 TractOOll. Block: 105 Tract:0013. Tract:0014. Tract:0015. Tract:0016. Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0027. Tract:0028. Tract:0029. Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95 Tract:0050. Tract:0052. Tract:0053. Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057. Block: 209, 210, 302, 306, 307, 308 Tract:0063. Tract:0064. Tract:0065. Block: 108, 109, 110, 114, 115 1162 JOURNAL OF THE SENATE Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0067. Tract:0068.01 Tract:0068.02 Tract:0069. Tract:0070. Tract:0071. Tract:0072. Tract:0073. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209A, 210, 211, 212, 213, 215, 216, 219 Block Group:3 Tract:0074. Block Group:! Block: 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract:0075. Block Group:! Block: 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507 Tract:0110. Block: 114B District No. 37 CHEROKEE Tract:0907. Block: 511 Tract:0908. Block: 799 Tract:0909.03 Tract:0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 199 Block Group:2 Block Group:3 Tract:0910.02 Tract:0910.03 Tract:0911.01 Tract:0911.03 Tract:0911.98 Tract:0912.98 COBB Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05 Block Group:6 Block: 702, 703, 704, 705 Block Group:8 Block Group:9 Tract:0302.06 Tract:0302.07 Tract:0306. MONDAY, MARCH 17, 1997 1163 Block: 104A, 104B, 105, 106B, 308C, 312, 405A, 405B, 405C, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425A, 425B, 425C, 426, 499 Block Group:5 Block Group:6 Block Group:7 Block Group:9 Tract:0309.01 Tract:0309.02 Block: 408, 409, 410, 411, 702 Tract:0309.03 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227, 228 Tract:0314.98 Block: 203, 210 Tract:0315.01 Block Group:! Block Group:2 Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract:0315.02 Block Group:3 Block: 403B, 504, 505A, 506, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C, 519D, 519E, 519F, 520, 525A, 525B, 526A, 526B, 526C, 526D, 530, 599, 599, 701A, 701B, 704, 705A, 705B, 705C, 705D, 707A, 707B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B, 999 Tract:0316.98 District No. 38 COBB Tract:0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 399A, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527 Tract:0313.02 Block: 402, 403, 404A, 404B, 405A, 406, 408B, 409, 410, 411, 499 Block Group:5 FULTON Tract:0024. Block: 208 Block Group:4 Block Group:5 Tract:0040. Tract:0041. Block: 310B Tract:0077.01 Tract:0077.02 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 299, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 331, 399C 1164 JOURNAL OF THE SENATE Tract:0078.02 Block: 117A, 117B, 124A, 124B, 128, 129A, 129B Tract:0078.03 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 299A, 299B, 299C, 299D, 301A, 301B, 301C, 302A, 303A, 701, 702, 703, 704A, 706A, 707A Tract:0078.04 Tract:0079. Tract:0080. Block: 403, 404A, 506A, 510 Block Group:6 Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02 Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 Block Group:2 Block Group:3 Block Group:4 Tract:0089. Block: 504, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 522, 527, 528, 529, 530 Block Group:6 Tract:0090. Block: 105, 106, 107, 108, 109, 110, 111, 112 Block Group:2 Block: 301, 305A, 307, 310, 316 Tract:0097. Tract:0098. Block: 101A, 102, 103A, 104, 105,106, 107A, 107B, 108,109, 110, 111, 112, 113,114, 117, 118, 199, 199, 199, 199, 217, 311, 401, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract:0099. Block: 308, 309, 310, 311, 313 Tract:0102.01 Block: 703A, 706A, 707, 708, 799A District No. 39 FULTON Tract:0001. Block Group:! Block Group:2 Block Group:3 Block: 401 Tract:0002. Block Group:! MONDAY, MARCH 17, 1997 1165 Block: 202, 203, 204, 205 Tract:0004. Block: 102, 103, 104, 105, 106 Block Group:2 Block Group:3 Tract:0005. Block Group :1 Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Block Group:3 Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 Tract:0011. Block: 101, 102, 103, 104, 106, 107, 108, 109 Block Group:2 Tract:0012. Tract:0022. Tract:0023. Tract:0024. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207 Block Group:3 Tract:0025. Tract:0026. Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0041. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 308, 309, 310A Block Group:4 Tract:0042.95 Tract:0043. Tract:0057. Block Group:! Block: 201, 202, 203, 204, 205, 206, 208, 211, 212, 301, 303, 304, 305, 310, 311 Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0065. Block: 101, 102, 103, 104, 105, 106, 113 Block Group:6 Tract:0066.01 Tract:0066.02 Tract:0074. Block: 211B, 212B Tract:0075. Block: 203B, 204B, 210B, 211B, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310A, 310B, 311A, 311B, 508 Tract:0076.01 Tract:0076.02 1166 JOURNAL OF THE SENATE Tract:0080. Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 404B, 405, 406, 407, 408, 409, 410, 501, 502, 503, 504, 505, 506B, 507, 508, 509 Tract:0088. Block: 127, 128 Tract:0089. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 505, 515, 520, 521, 523, 524, 525, 526 Tract:0090. Block: 305B Tract:0091. Block: 102, 103 Tract:0092. Tract:0093. Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407 Tract:0094.01 Tract:0094.02 Tract:0096. Block: 303 TractOlll. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401, 402, 404, 405, 407, 410A Tract:0112.01 Tract:0112.02 Block: 602 Tract:0113.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 113, 116, 119, 209, 301, 302, 504, 505, 506, 507, 508, 510, 511 Block Group:6 District No. 40 FULTON Tract:0090. Block: 101, 102, 103, 104, 302, 303, 304, 306, 308, 309, 311, 312, 313, 315 Tract:0091. Block: 101, 104, 105, 106, 107, 108, 109 Block Group:2 Block Group:3 Block Group:4 Tract:0093. Block Group:! Block: 408 Block Group:5 Tract:0095. Tract:0096. Block Group:! Block Group:2 MONDAY, MARCH 17, 1997 1167 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0098. Block: 101B, 103B, 103C, 115, 202, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 218, 299, 303, 304, 305, 306, 307, 308, 309, 310, 403, 404, 405, 406, 407, 408 Tract:0099. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307 Tract-0100. Tract:0101.01 Tract:0101.03 Tract:0101.05 Tract:0101.06 Tract:0101.07 Tract:0101.08 Tract:0102.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703B, 704, 705, 706B, 799B Tract:0102.03 Block Group:! Tract:0102.04 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0102.05 Tract:0114.08 Block: 203D, 301B, 399D Tract:0114.09 Block Group:2 Block Group:3 Tract:0114.10 Tract:0114.11 District No. 41 DEKALB Tract:0211. Tract:0212.02 Tract:0212.05 Tract:0212.07 Tract:0212.08 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,113, 114, 115B, 116, 201B, 202, 203, 204, 205, 206B, 207, 208B, 209B, 211B, 213B, 214B, 301, 302B, 303B 1168 JOURNAL OF THE SENATE Tract:0212.09 Block: 301B, 302, 303, 405B, 406B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 499, 499 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01 Block: 101B, 102, 103, 104, 105B, 106, 123, 124 Tract:0213.04 Block: 101C, 105C, 106B, 114, 115, 117B, 117C, 228B, 229, 230, 232, 233B, 301, 302, 303, 304, 305, 306. 307B, 308, 309, 310, 311. 312, 313, 314C, 399, 399, 399, 399 GWINNETT Tract:0503.04 Tract:0503.05 Tract:0503.06 Tract:0503.07 Tract:0503.08 Block: 102, 103 Block Group:2 Block Group:3 Block: 401, 402, 404, 405, 406, 407, 499, 499, 499 Tract:0503.10 Block Group:! Block Group:2 Block Group:3 Block: 403, 404, 405, 406, 407, 408, 409, 410, 499A Tract:0503.11 Tract:0503.12 Tract:0503.13 Tract:0503.14 Tract:0504.06 Tract:0504.07 Block Group:3 Tract:0504.08 Block Group:! Block Group:3 Block Group:4 Tract:0508.98 District No. 42 DEKALB Tract:0201. Tract:0202. Tract:0203. Tract:0204. Tract:0206. Block: 101 Tract:0207. Block: 214A Tract:0212.04 Tract:0212.08 Block: 115A, 201A, 206A, 208A, 209A, 210, 211A, 212, 213A, 214A, 302A, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317, 318 Tract:0212.09 Block: 301A, 401, 402, 403, 404, 405A, 406A, 407, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract:0213.01 MONDAY, MARCH 17, 1997 1169 Block: 101A, 105A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract:0213.02 Tract:0213.03 Tract:0213.04 Block: 101A, 101B, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 117A, 120, 122, 201, 202, 203, 204, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B Tract:0214.01 Tract:0214.02 Tract:0214.03 Tract:0214.04 Tract:0215. Tract:0216.01 Block: 112, 116, 117, 118, 120 Block Group:2 Block Group:3 Block Group:4 Tract:0216.02 Tract:0216.03 Tract:0217.03 Block: 420 Tract:0217.04 Block: 302, 303, 308, 309, 310, 311, 312, 315 Tract:0220.01 Block: 415A Tract:0222. Block: 609A,610A Tract:0223.01 Tract:0223.02 Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 408, 412 Block Group:5 Block Group:6 Block Group:7 Tract:0226. Block Group:! Block Group:2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319, 321, 322 Block Group:4 Block Group:5 Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402 District No. 43 DEKALB Tract:0231.03 Block: 101, 102, 104, 105, 106, 107, 108, 109, 112, 117, 118, 119, 121, 122, 199 1170 JOURNAL OF THE SENATE Tract:0232.03 Tract:0232.05 Block: 401, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 510, 511, 512, 513, 519, 520, 521, 522 Tract:0232.06 Tract:0232.07 Tract:0233.02 Tract:0233.03 Tract:0233.06 Block: 401, 403, 404, 405, 406, 499, 499 Block Group:5 Tract:0233.07 Tract:0233.08 Tract:0234.03 Block: 920, 921, 923, 924, 999, 999 Tract:0234.05 Block: 101, 114, 115, 199 Block Group:3 Block Group:4 Block Group:5 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.02 Block: 113, 114, 201, 202, 203, 205, 206, 216 Block Group:3 Block Group:4 Tract:0235.03 Tract:0239.98 District No. 44 CLAYTON Tract:0401. Tract:0402. Tract:0403.01 Tract:0403.02 Tract:0403.03 Tract:0403.04 Tract:0403.05 Tract:0404.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract:0404.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 521, 529, 530, 531, 532, 533 Block Group:8 Block Group:9 Tract:0404.03 MONDAY, MARCH 17, 1997 1171 Block Group: 1 Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C, 215, 216, 219, 225, 226, 227, 228, 229, 402, 403, 404, 410, 411, 412, 499, 499 Tract:0404.05 Tract:0404.06 Tract:0405.03 Tract:0405.04 Tract:0405.05 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: That part of Block 601B which lies north of a branch of Camp Creek. 610B Tract:0405.06 Tract:0406.03 Block: 304, 305, 306, 316, 317 Block Group:9 Tract:0406.04 Block: 301A, 301B, 302, 304, 319, 323, 324 Block Group:4 Block Group:5 Block Group:6 District No. 45 BARROW Tract:1801. Tract: 1802. Block: 131, 133, 134, 135, 199, 199, 213, 214, 215, 223, 224, 225, 232A, 232B, 232C, 233A, 233B, 299A, 354 Tract: 1803. Block: 108, 109, 110, 111, 112, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 199B, 256, 266, 267, 268, 269, 270 Tract: 1804. Block: 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 240, 241, 242, 243, 299B, 299C, 299D, 299F Tract:1805. Block: 101, 102, 103, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 199A Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 NEWTON Tract:1001. Tract:1002. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 191, 193, 194, 195, 196, 197, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 242, 269, 270, 299A, 299B, 299C, 299D, 299E, 299F Tract: 1003. Block Group:! 1172 JOURNAL OF THE SENATE Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 399 Tract: 1004. Tract: 1005. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 152, 160, 161, 162, 163, 164, 165, 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187, 199A, 199B, 199C, 199D, 199E Tract:1006. Tract: 1007. Tract: 1009. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 299A, 299B ROCKDALE Tract:0601. Tract:0602. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 510, 511, 599, 701A Tract:0603.02 Block Group:2 Block Group:3 Block Group:4 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 623, 624, 625, 628, 629, 630, 631, 632, 635, 636, 699C Tract:0603.03 Tract:0603.04 WALTON District No. 46 BARROW Tract: 1802. Block: 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 299B, 299C, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 355, 356A, 356B, 357, 358, 399 Block Group:4 Block Group:5 Tract: 1803. Block: 101,102, 103,104,105, 106, 107, 113,114, 115, 116,117A, 117B, 117C, 117D, 118A, 118B, 118C, 130,131, 132, 133A, 133B, 134, 135, 136A, 136B, 137, 138, 139, 140A, 140B, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155A, 155B, 155C, 156,157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, MONDAY, MARCH 17, 1997 1173 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 258, 259, 260, 261, 262, 263, 264, 265, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 299A, 299B, 299C, 299D, 299E Tract: 1804. Block Group:! Block: 201A. 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239A, 239B, 299A, 299E Block Group:3 Tract:1805. Block: 104, 106A, 106B, 107, 199B, 420B, 421 CLARKE OCONEE District No. 47 BANKS ELBERT FRANKLIN HART JACKSON MADISON District No. 48 FORSYTH Tract:1303. Block: 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 299, 299 Tract: 1304. Block: 112, 125A, 126, 132, 133A, 133B, 142A, 142B, 142C, 143A, 143B, 144, 145, 146, 147, 148, 149, 150A, 150B, 150C, 151A, 151B, 152A, 152B, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 199C, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 299 Block Group:3 Tract:1305. Block: 401, 402, 403, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455. 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E Tract: 1306. FULTON Tract:0116.02 Block: 304A, 304B, 304C, 304D, 401A, 401B, 401D, 401E, 401F, 401J, 401K, 702, 901A, 901B, 901C, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917, 918A, 918E Tract:0116.03 Block Group:! Block: 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 399, 399 GWINNETT 1174 JOURNAL OF THE SENATE Tract:0501.01 Tract:0501.02 Tract:0502.02 Tract:0502.03 Block: 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 199 Block Group:2 Block: 303A, 315, 316, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B, 328C, 329, 332A, 332B, 333A, 333B, 334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 399A, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0502.04 Tract:0505.02 Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138, 199 Tract:0505.03 Tract:0505.08 Block Group:2 Tract:0505.09 Tract:0506.01 Tract:0506.02 Tract:0507.04 Block: 140 Tract:0507.05 Block: 101, 102A, 102B, 103,104A, 104B, 105, 106, 107, 108,109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 160C, 161A, 161B, 199 Block Group:2 District No. 49 FORSYTH Tract: 1301. Tract: 1302. Tract: 1303. Block Group:! Block: 201, 202, 203, 211 Tract: 1304. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127, 128, 129, 130, 131, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B, 199A, 199B, 199D, 232 Tract: 1305. Block Group:! Block Group:2 Block Group:3 Block: 404 HALL MONDAY, MARCH 17, 1997 1175 District No. 50 DAWSON HABERSHAM LUMPKIN RABUN STEPHENS TOWNS UNION WHITE District No. 51 CHEROKEE Tract:0901. Tract:0902. Tract:0903. Tract:0904. Tract:0905. Tract-0906. Tract:0907. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B Block Group:6 Tract:0908. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199B, 605, 606, 607, 608, 609, 702, 703, 704, 705 Tract:0910.01 Block: 199 FANNIN GILMER GORDON PICKENS District No. 52 BARTOW Tract:9601. Tract:9602. Tract:9603.98 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241. 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 299C Block Group:3 Tract:9604. Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 123A, 123B, 124, 125, 126, 127, 128 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9605. 1176 JOURNAL OF THE SENATE Block: 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 Tract:9606. Block: 699B, 699E, 699F Tract:9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 166A, 166B, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199E, 199F Tract:9608. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501A, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 521, 522A, 522B, 522C, 523A, 523B, 536A, 536B, 537, 538, 539, 540A, 540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B, 599C, 599D Tract:9610. Block: 101, 102, 104, 199M FLOYD District No. 53 CHATTOOGA DADE WALKER WHITFIELD Tract:0007. Block: 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block Group:4 Tract:0008. Block: 120A, 120C, 120D, 121B, 121C, 123D, 147, 148, 199 Block Group:2 Block: 301, That part of Block 302B which lies outside the corporate limits of Dalton. 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 399, 399, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 499 Tract:0011. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Tract:0012. Block Group:! Block Group:2 Block Group:3 Block: 404A, 404B, 405A, 405B, 406, 407A, 407B, 408A, 408B, 408C, 409A, 409B, 410, 411, 412, 413A, 413B, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439A, 439B, 439C, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444, MONDAY, MARCH 17, 1997 1177 445, 446, 501, 502, 503, 504, 505, 506B, 506C, 507, 525A, 525B, 526, 527, 528A, 528B, 528C, 529, 530, 531, 532, 533, 534A, 534B, 534C, 535, 536A, 536B, 536C, 536D, 536E, 536F, 536G, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 540A, 540B, 540C, 541A, 541B, 542A, 542B, 543A, 543B, 544A, 544B, 544C, 544D, 545, 546A, 546B Tract:0013. Block: 115A, 115B, 115C, 115D, 115E, 115F, 116, 117, 119A, 119B, 119C, 120A, 120B, 120C, 120D, 121, 122A, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 Block Group:2 Tract:0014. Block: 107A, 107B, 107C, 108A, 108B, 210B, 210C, 210L, 210M, 233, 234, 235A, 235B, 235C, 236A, 236B, 237A, 237B, 237C, 238, 239, 240, 241A, 241B, 242, 243A, 243B Block Group:4 Block Group:5 Tract:0015. District No. 54 CATOOSA MURRAY WHITFIELD Tract:0001. Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006.98 Tract:0007. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108 Tract:0008. Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120B, 121A, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C, 135D, 135E, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 302A, That part of Block 302B which lies within the corporate limits of Dalton. 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract:0009. Tract:0010. Tract:0011. Block: 101, 102, 201, 202, 203 Block Group:3 Block Group:4 Tract:0012. Block: 401, 402, 403A, 403B, 447, 448, 506A, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524 Tract:0013. Block: 101A, 101B, 101C, 102, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 105E, 106A, 106B, 106C, 106D, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 118A, 118B Block Group:3 Tract:0014. Block: 101, 102A, 102B, 103A, 103B, 103C, 104A, 104B, 104C, 104D, 105A, 105B, 106A, 106B, 106C, 106D, 106E, 106F, 201A, 201B, 202A, 202B, 203A, 203B, 204A, 1178 JOURNAL OF THE SENATE 204B, 204C, 205A, 205B, 205C, 205D, 206A, 206B, 207A, 207B, 207C, 208, 209A, 209B, 209C, 210A, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230, 231, 232, 299A, 299B Block Group:3 Tract:0016.97 Tract:0016.98 District No. 55 DEKALB Tract:0218.05 Block: 210, 229 Block Group:4 Tract:0218.06 Block: 137, 139, 199 Tract:0219.02 Block Group:4 Tract:0219.03 Tract:0219.04 Tract:0219.05 Tract:0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract:0220.02 Tract:0220.04 Tract:0220.05 Tract:0221. Tract:0229. Block: 410 Tract:0230. Block: 104C Tract:0231.01 Block Group:! Block: 204, 208, 507, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 522, 523, 535, 599 Tract:0231.02 Block: 105B, HOB, 113B, 114C, 115B, 116B Block Group:2 Block Group:3 Tract:0231.03 Block: 103, 114, 115, 116 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0231.05 Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group:5 Tract:0231.06 Tract:0232.04 Tract:0232.05 Block Group:! Block: 402, 403, 404, 405, 406, 407, 499, 501, 502, 503, 504, 505, 506, 507, 508, 509, 514, 515, 516, 517, 518, 599, 599 Tract:0233.05 MONDAY, MARCH 17, 1997 1179 Tract:0233.06 Block Group:3 Block: 402, 407, 408 Tract:0235.01 Block Group:! Tract:0235.02 Block: 101, 102, 103, 104, 105, 106, 107, 109, 111, 112, 116, 117, 204, 207, 208, 209, 210, 211, 212, 217, 218 District No. 56 CHEROKEE Tract:0908. Block: 123, 124, 125, 126, 127, 128, 199A Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 610, 611, 701 Tract:0909.01 Tract:0909.02 FULTON Tract:0102.03 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group: 7 Block Group:8 Block Group:9 Tract:0102.04 Block Group:! Block Group:2 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:! Block: 201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A, 208B, 299, 301A, 302, 303, 304, 305, 306, 399A, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:8 Tract:0114.09 Block Group:! Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0115. TractOl 16.01 TractOl 16.02 Block: 301, 302, 303, 401C, 401G, 401H, 402, 403, 404 Block Group:5 1180 JOURNAL OF THE SENATE Block Group:6 Block: 701, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B, 708C, 709A, 709B, 709C, 709D, 710, 902A, 902B, 903A, 903B, 904, 905, 918B, 918C, 918D Tract:0116.03 Block Group:2 Block: 309, 310, 311 Block Group:8 Block Group:9 GWINNETT Tract:0502.03 Block: 119, 301, 302A, 302B, 302C, 302D, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331, 399D Tract:0503.08 Block: 101, 403 Tract:0503.09 Tract:0503.10 Block: 401, 402, 411A, 411B, 499B, 499C On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thompson Turner Tysinger Walker Those voting in the negative were Senators: Boshears Brown of 26th Fort Johnson of 2nd Kemp Thomas of 10th Not voting was Senator Thomas of the 54th. On the passage of the bill, the yeas were 49, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 17, 1997 1181 SB 272. By Senators Johnson of the 1st, Thompson of the 33rd and Taylor of the 12th: 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 provisions applicable to vehicle length limitations. The Senate Transportation Committee offered the following substitute to SB 272: A BILL To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicles and loads; 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. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-6-24, relating to length of vehicles and loads, in its entirety and inserting in its place a new Code section to read as follows: "32-6-24. (a) (1) As used in this article, the term: (A) 'Bimodal semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly sup ported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. (B) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semi trailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailertrailer combination. (C) 'Semitrailer' shall be defined as a detachable load-carrying unit designed to be at tached to a coupling on the rear of a truck tractor by which it is partly supported. (D) 'Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. (E) 'Truck tractor' shall be defined as the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (2) Except as provided in this paragraph and unless Unless exempted in Code Section 326-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 75 feet, and no senuliailei sliall exceed 48 feel in leuglh in a Uuck Uaclui luwed eAcepl the depailmeul shall allow a semitrailtu length of uu muie than 48 feel when operated as a truck tractor semitrailer combination"anda semitrailer or trailer ItJiij^tii ul iiG iiiGi'c Hiciii U teet in lenglli and sliall only operate LipGii till I Lilly lllliittJiiaCCeSslligjli W iiiullL illS CuiiSlQtJl'Gtl tilti Opul'StlOll fctiiCi Stlltity cliaiaclei'iblius uf such vehicles and uf the tuadways, provided that the department may I'tssCiiiu aiiy ro&clway' desig'iiatiOii ii it is dGterniiHGu. uy tliu department tliat tile public Stlluty 1~letri utiSil" "Qiiii nil slit; Cl 01* tQclt Op&l*GlB.i ItJii^Lli 01 tliti 103.Q cHlti Chu vehicle ui aemiUailm ui trailer on which the load is umied shall not exceed 48 feel. MONDAY, MARCH 17, 1997 1183 If Hie luad is BU situated that 1C extends beyuud Ihe leai uf lliu vehicle, aeuiiliculei, ui Uailei mi which il is caiiied, then a rear uiiJeiride guard shall be piuvided. Tim lear undeiiide guanl shall be uf substantial OTiistiuctkm consisting of a cuiiliiiuous lateral beam extending to within fuui inches uf the lateial extremities uf the vehicle, semitiailei, measured with the vehicle, Uailei, ui semitiailer, empty and uii a level suiface. Vehicles operated on any public road of a county road system shall not exceed a total overall length, inclusive of vehicle and load, of 60 feet. This restriction shall not apply if such vehicle is making a pickup or delivery on such county road or unless the county road is otherwise designated pursuant to applicable guidelines of the department, in the event of a pickup or delivery on any public road of a county road system, length restrictions will be applied in accordance with the guidelines applicable to the contiguous state highway last traveled by such vehicle. (b) (1) As used in this subsection, the term 'processing plant' means a business engaged in manufacturing poles and pilings for commercial purposes. (2) (A) Loads of poles, logs, pilings, lumber, structural steel, timber structural mem bers, piping, and prestressed and precast concrete may exceed the length of 00 feet witliuuit iCL^Linctl a ^jciimt wlicn tilery aic ftingle Idigtli ^Jicuco dinl n\j ^jieteo die leililt:Ll end tu end. maximum lengths on length restricted roadways without requiring a per mit when such pieces are single length pieces and no pieces are loaded end to end. A single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. (B) Loads of unprocessed forest products, including but not limited to poles, logs, pil ings, and lumber, whether they are single pieces or pieces loaded end to end or overlap ping, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The real ejitiemity of each load sliall ut: marJ^tjil witli w cii iiiiijj llci^s wlndi nit;t:t tlit; i ^141111 t:int;iiLs set LUL tli in Cudb Hecliuii 40-8-27. Additionally, luads moved at night mubl be equipped with a red fi.13.rK6r light tit tlit; i'ea.11 tJAli'uiiiil^ uf SUCI1 103.CI clS pl'OVlcleu. Ill *JuQ6 oGCtlull' 40-O-2 i ul* W itli till fcfflTDcT Stl'O ud li^filt . (C) As provided in Code Section 40-8-27 whenever the load on any vehicle extends to the rear four feet or more beyond the bed or body of the semitrailer, there shall be displayed a re'd flag or cloth of not less than 12 inches square on the extreme rear en5 of the load and so hung that the entire area is visible to the driver of a vehicle ar> preaching from the rear. In addition, loads being transported at night must be equipped with a red light, amber strobe light or clear strobe light attached to the ex treme rear end of the load and plainly visible from a distance of at least 500 feet to the sides and rear. (3)(A) Except as provided in subparagraph (B) of this paragraph, vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 75 feet in length and shall nut cany a luad exceeding GO fuel m length, yiuvided, liuwevei, an autu- muuilc cciiiitu wjlji ti btiiigt^i sLtfcnt^Ll LiniL alicili \jc cilluwcLl i uvjl uilitii Wi.it: IttwiLiI Ltiiuti (JOutT oectiuii o2-G-2u ui tins subfteutiuii ui su ftulltui t/^uuy a pet mil i;sr>uru~piu sttctnL lu Cuue oeutiuit d2-o-2o, uunoiftl- ing uf a ti uck Liaciur^fnd^^rrrrfrrTi-rCT"'CtrrrrfarnCTrinrr-rrp~to~67 i/2 feet in overall length ina.y be- o pei a ted if: (A) the seiiiitiailfrTfacs" nul exceed 03 feel in length aird"rf~tfatrTfatauce between the k.iiigpiii ul the semititiilci tinu tlicniAlo uf tlie bciiiiti ciiloi iloufi uut i^Aceeu 41 leet. lln& 41 luut djfttiiiiue slifill ui:' lueusuieu beLwt-tu tlic kin^pm fciitu tut; ijnuwct^y puiiit between the axles whicrrcomprise the rcfrrmosi taiiJum axlcTrtHlie rearmost axle on the seinitiaile) is a taudein a.deror 'between the kiugpiu .'Tiicl the centei of the leai'inost axle, if the rearmost axhrTTrrtrrtrseiuitraiinrTS" a singlc-axtrr^Fur puiposes of this paiagiaph, the temi 'kingpjii^-rrfecnTSTi-prn-DT^T^Ttefngii.^J-taiTetecked intu a fiflh wheel uf a truck ti'actoi--tu attarh'ti'Kf1 null ^rnT1! to~STK:h ti uct ti ciutui" OQ6 St;CLiOil, II S'LLCli pt;ilsuii has nut Chbiuaftei obtained a valid Jiivei's licbiibe Reserved." SECTION 22. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspension by operation of law, and inserting in lieu thereof the following: "40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, or 40-5-08, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension." SECTION 23. Said title is further amended by striking in its entirety Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof the following: "40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. THURSDAY, MARCH 20, 1997 1281 (b) The fact that any person charged with violating this Code section is or has been le gally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is ob tained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and (C) Not less than 40 hours of community service, except that for a conviction for viola tion of subsection (k) of this Code section where~the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paiagiaph subparagraph; and (C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section wHere the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is ob tained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of impris onment imposed under this paiagiaph subparagraph; and 1282 JOURNAL OF THE SENATE (C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of commu nity service shall be not less than 40 hours. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (d)(l) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court au thorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provi sions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misde meanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be en forced through a contempt proceeding or a revocation of any probation otherwise au thorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subse quent conviction conditioned upon the defendant's undergoing an alcohol or drug treat ment program approved by the court. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) any local ordinance adopted pursuant to Article 14 of this chapter, which ordi nance adopts the provisions of this Code section; or (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section. (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section. (j)(l) The clerk of the court in which a person is convicted a third time under subsec tion (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was THURSDAY, MARCH 20, 1997 1283 convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon there after as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publi cation, provided such publication was made in good faith. (k)(l) A person under the age of tt 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is (WM 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. (2) Every person convicted of violating this subsection shall be guilty of a misde meanor for the first and second convictions and upon a third or subsequent convic tion thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section, provided that any term of imprisonment served shall be subject to the provisions of Code Section 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing. (3) No plea of nolo contendere shall be accepted for any person under the age of IS 21 cFarged with a violation of this Code section. (4) The driver's license of any person convicted of violating this subsection shall be revoked as provided by Code Section 40-5-57.1. (1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be pun ished in accordance with the provisions of (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child." SECTION 24. Said title is further amended by striking Code Section 40-6-391.1. relating to entry of plea of nolo contendere and order to attend alcohol and drug course, and inserting in lieu thereof the following: "40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; pro vided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehi cle from alcohol consumed before such driving or being in control ended. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code 1284 JOURNAL OF THE SENATE Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following con ditions are met: (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d} "n 3 pleclOillOlO COiltt;iiClt;lLfc; TS clCCGptedclSpl'OVlClfcQ in SU.DSecli.U-i.1 \T3j tTl tftiS C/GCle SeCtlOll, ttlG JXidj^t; Sn&li, <3.S Si Jjfcu*t OTT tlie QlSpuSlLlOn. Ol tlie C3.Se, Ol'QGltilt; tteTeliClclilL tO attend and complete a DUI alcoliul ui Drug Use Risk Reduction Prugiam approved by lliu Depailmtmt uf Human Rebouices. The uidei shall stipulate thai Hie defendant shall complete such piugiam within 120 days and that the defendant shall submit saUsfaclui^ eViCleiiCti Oi Slidi COmplStiuii tO LliG IJfcjjjfcii^Lilitjlit ul rUDllC ocilety flliu. lliu CQuiT.ill6 cuLti'L sn3.ll 3.1so Tstjiii-ftr tiie surrcncl^i1 ol tlie~ driver s license cintl stis.ll rytsin sucn. IICGHSG liiitil submission of piuof of completiuii uf an appioved DUI Alcuhul or Diug Use Risk ReJucliun ProgJam. The court shall, aL the time of suneuder of Uie Jiivej's license lu 11, issue a. ttiiiipoi3.1 y tliiving jjtji'iiiit wnicli sli&ll expii't iiut iiiOi1^ tlifl.n J-iu"cl&ys"ironi its issuance. LiQ Ci6I61iCl&ii.L H ilriVeT S ilC6n.Sfe Slictll D6 I'ti Lull1 lieu t)y tlie CO Lift minis CilciLely LlJjOIl SUljiiiis- siuii uf piuuf uf completion uf an appiuved DUI Alcuhul ui Drug Use Risk Reduction Piugiam. The judge shall dlfeo notify the defendant that, if he ui bhe fails lu complete such jji'u^i'ttili Dy tll.e ClcltS SpeClilOCl in Llie COUVt S Ol Ctei1 , tll.6 _LjiU da.y Cli'iVllT^ pGrnirt" Slleill ue invalid ctnct lliS Oi1 lier ClriVGl STiCell.su slitill Oe SUbjj6n.CteCl, Dy OJjerflLiOii Ol 19.W, 3.S pl"0vnj.eu. in Cude Section 40-5-68 and bhall lemaiu suspended until the defendant completes such te) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety within ten days after disposition. tf) (e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b)^Fthis Code section and the defendant's diivei's license has not been suspended uudei any uQiei piuvisiuu uflhis Code and if the defendant has nut been convicted uf ui has not held 'A jjlea ul iiolu cuntt;iiut;ic auucpteu tu a clictigt; ul viultiLiiig Cuue ocuLiun 40-o-t391 witliiii Llic ^jicviuLis iivti yt;fcii&, tilt: cuuit blictll, ouiUjcCL Lu ftLiust;uliuii (\JL) ul tins vjuilt; st;u- jtum the diivei's license lu Lhe peisun, ulheiwise, such, the defendant's driver's license shall be forwarded to the Department of Public Safety as provided in subsection ftt (c) of this Code section Section 40-5-67." SECTION 25. Said title is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-6-392, relating to chemical tests for the presence of alcohol and drugs in blood, and inserting in lieu thereof the following: "(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 6766 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6391." SECTION 26. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the use of ignition interlock devices as a condition of probation, is amended by striking Code THURSDAY, MARCH 20, 1997 1285 Section 42-8-110, relating to definitions, applicability, and purchase or lease of ignition interlock devices by counties and municipalities, and inserting in lieu thereof the following: "42-8-110. (a) As used in this article, the term 'ignition interlock device' means a constant monitor ing device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The sys tem shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (b) As used in this article, the term 'provider center' means a facility established by a county ui municipality for the purpose of providing and installing ignition interlock de vices when their use is required by or as a result of an order of a court of that county ur municipality. (c) This aiticle shall not apply with inspect tu a cuurt in geneial if the county uf muiiici- JjilllVy stSlVeQ uy Lilt: COili't iiclS liOt esLfctOliSricCl fl prOVlClci' CtHtcl1 . 1T11S til tide Sli3.il 11OL spply ui SiHy ptirtrCTiicH cul S Slict.il uuiiiJilctG""Its icvlSlOfl &HU. cicBt;oc!iiit;iiL ul Llit? it;Luiii> OI T3.X- paytiis by Apiil 15 uf bath yuai providing for the collection and payment of ad valorem taxes in installments such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval." SECTION 4. This Act shall become effective on January 1, 1998, and shall be applicable to all taxable years beginning on or after January 1, 1998. 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 Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks 1294 JOURNAL OF THE SENATE Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Those not voting were Senators: Abernathy Broun of 46th Fort Gochenour (excused) Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Thompson 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. HB 219. By Representative Smith of the 109th: A bill to amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to provide that units of local government which have activated waste man agement authorities may deactivate the same by ordinance or resolution. Senate Sponsor: Senator Madden of the 47th. The Senate Natural Resources Committee offered the following substitute to HB 219: A BILL To be entitled an Act to amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to redefine the restriction on the siting of such facilities within one-half mile of an adjacent political subdivision; 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 provide for related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relat ing to regional solid waste management authorities, is amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 12-8-25, relating to the siting of solid waste disposal facilities, and inserting in lieu thereof the following: "(3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between among the various cities and counties, after April 1, 1990 the effective date of this subsection, no permit shall be issued for a solid waste disposal facility in any city or county if any part of the site is within one-half mile of an the boundaries of such city or county adjoining any city or county in this state without tEe applicant's first receiving the express approval of the governing authority of that ad joining city or county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction or in any adjoining jurisdiction of the affected city and county for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990 the effective date of this subsection; and to THURSDAY, MARCH 20, 1997 1295 all permits issued prior to April 1, 1990 such date, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process." SECTION 2. Said Code section is further amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: "(b) (1) Except as otherwise piovided in paragraph (2) of this subsection, tlin The consent of an adjoining city or county as provided in subsection (a) of this Code section shall not be required either by'new permit or by modification of an existing permit when the ex pansion of an existing solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal facility is transferred. (2) WiLll i eSpeCt tu tile CApmiiun ul a oullil waoui ilispunal iciuilitty iui wlm_li a ^Jdiiilt wua dltei" Ivlcii uli IT, J-iyoo, tlic COnoeliL ul clii u!ljuiiiing tj ul tins \JuClc acutiun Slicili uc icLjiili eil il ein^y ^jai L ul ( ithin one half mile of an adjoining county." SECTION 3. Said part is further amended by adding a new Code Section 12-8-59.2 to read as follows: "12-8-59.2. (a) As used in this Code section, the term 'project' shall mean any interest of the author ity in a project as otherwise denned in this part. (b) The governing body of any unit of local government which has authorized the func tioning of an authority pursuant to Code Section 12-8-53 may by proper resolution or ordinance declare that there is no need for such authority to function in the county or municipal corporation. Upon such declaration by all units of local government which previously authorized the activation of the authority and upon compliance by such units of local government with the provisions of subsection (c) of this Code section, the author ity shall cease to transact any business or exercise any powers inconsistent with the winding up of its affairs. (c) No resolutions or ordinances of units of local government declaring the functioning of a previously activated authority to be unnecessary shall be of any force and effect until: (1) In the case of an authority having outstanding notes or bonds: (A) Said notes or bonds have been paid or retired according to their terms or ac quired by such units of local government; or (B) Appropriate contractual arrangements have been made by such units of local government to lease or purchase the authority's projects, or to arrange to have the authority's projects leased or purchased by others, consistent with the terms of said notes or bonds on such terms as will together with any existing debt service reserves held by the authority provide for the payment of the principal and interest on said notes or bonds; and (C) Appropriate arrangements have been made by such units of local government, or in the case of authorities activated pursuant to subsection (b) of Code Section 12-853, appropriate contractual and other arrangements have been made by, among, and between all units of local government which previously authorized the activation of the authority: (i) To hold, operate, or dispose of all assets or projects of the authority in the case of the transfer of such assets and projects by the authority to such units of local government, but nothing in this Code section shall require the continued operation of any project by such units of local government; 1296 JOURNAL OF THE SENATE (ii) To assume or satisfy, or arrange to have assumed or satisfied, all contracts, leases, agreements, or obligations previously entered into or incurred by the au thority with respect to the acquisition or operation of such assets or projects, con sistent with the terras thereof, other than notes or bonds, but nothing in this Code section shall require the renewal, continuation beyond its terms, or extension of any such contract, lease, agreement, or obligation; and (iii) To make provision, by creation of a reserve fund or otherwise, for residual obligations which may from time to time arise during the period of winding up of the affairs of the authority pursuant to subsection (d) of this Code section; or (2) In the case of an authority having no outstanding notes or bonds, there has been compliance with the terms of subparagraph (C) of paragraph (1) of this subsection. (d)(l) Upon compliance by all units of local government which previously authorized the activation of the authority with subsections (b) and (c) of this Code section, the board of directors of the authority shall cause to be transferred to such units of local government, at such a time and on such reasonable terms and conditions as may be agreed to between the authority and such units of local government and subject to the arrangements made under and the provisions of subsection (c) of this Code sec tion, the assets, projects, contracts, leases, agreements, and obligations of the au thority. The board of directors of any such authority shall take all steps necessary or convenient to carry out the provisions of this Code section consistent with the benefit of the public. (2) The board of directors of the authority shall continue in existence for a period of time sufficient for the orderly winding up of the affairs of the authority and, in the case of an authority having outstanding notes or bonds, shall continue for a reason able period of time after such notes or bonds have been paid or retired and may exercise any power usually possessed by private corporations of this state in the process of winding up its affairs not in conflict with the Constitution or laws of this state. In the course of such winding up, the board of directors shall have access to any funds made available pursuant to division (c) (1) (C) (iii) of this Code section but shall exercise control over such funds as fiduciaries, shall disburse such funds only for purposes appropriate to the winding up of the affairs of the authority, and shall account for any remainder of such funds to the units of local government which au thorized the activation of the authority. (3) Upon the completion of the process of winding up of the affairs of the authority, the board of directors shall relinquish control of any remaining funds made available pur suant to division (c) (1) (C) (iii) of this Code section to the units of local government which authorized the activation of the authority and by resolution dissolve itself, whereupon such authority shall become dormant but may be reactivated by compli ance with Code Section 12-8-53." SECTION 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 Madden of the 47th offered the following amendment: Amend the Senate Natural Resources Committee substitute to HB 219 by inserting on line 24 of page 1, following the words "for a", the word "municipal". By inserting on lines 16 and 18 of page 2, following the word "existing", the word "municipal". On the adoption of the amendment, the yeas were 40, nays 0, and the Madden amend ment to the committee substitute was adopted. THURSDAY, MARCH 20, 1997 1297 On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Gochenour (excused) James Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 54. By Representative Barnes of the 33rd: A bill to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to the use of county law library funds, so as to authorize the board of trustees of a county law library to grant excess county law library funds to char itable tax exempt organizations which provide legal representation for low-in come people. Senate Sponsor: Senator Oliver of the 42nd. The Senate Judiciary Committee offered the following substitute to HB 54: A BILL To be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Anno tated, relating to county law libraries, so as to change the provisions relating to the mem bership of the boards of trustees of county law libraries; to provide for the establishment and maintenance of county ordinance codes; to provide for funding for codification of county ordinances; to provide for a maximum cost for each action or case; to authorize the board of trustees of a county law library to grant excess county law library funds to charitable tax exempt organizations which provide civil legal representation for low-income people; to provide effective dates; to repeal conflicting laws; and for other purposes. 1298 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking in its entirety Code Section 36-15-1, relating to the board of trustees of the county law library, and inserting in lieu thereof a new Code section to read as follows: "36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located, the judge of the probate court, the senior judge of the state court, if any, the clerk of the superior court, and two practicing attorneys of the county. The practicing attorneys shall be se lected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chiefjudge of the superior court shall be cliah man chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board." SECTION 2. Said chapter is further amended by striking in their entirety subsections (a) and (c) of Code Section 36-15-7, relating to funding of county law libraries, and inserting in lieu thereof new subsections to read as follows: "(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, sup plies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian, and for the purchase or leasing of computer related legal research equipment and programs, and, upon request of the county gov erning authority and consent of the chairperson oTthe board of trustees of the county law library, for the establishment and maintenance of the codification of county ordinances." "(c) In the event the board of trustees determine determines in their its discretion that they have it has excess funds, such funds as may be designated by the~b"oard of trustees shall be granted to charitable tax exempt organizations which provide civil legal repre sentation for low-income people. Any remaining excess funds shall be turned over to the county commissioners, and said funds shall be used by the county commissioners for the purchase of fixtures and furnishings for the courthouse." SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-15-9, relating to funding of county law libraries, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or munici pal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of THURSDAY, MARCH 20, 1997 1299 trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allo cated amount shall in turn be remitted by the treasurer to the county governing author ity for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made." SECTION 4. Said chapter is further amended by inserting at the end of Code Section 36-15-9, relating to funding of county law libraries, a new subsection (g) to read as follows: "(g) In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit may direct that the fees authorized by this Code section be charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. The clerk of each and every court in such counties in which costs are collected for the purpose of carrying out the provisions of this subsection shall remit the same to the county gov erning authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed before any other disbursement or distribution of such fines or forfeitures is made." SECTION 5. (a) Except as provided by subsection (b) of this section, this Act shall become effective on the first day of July following the approval of this Act by the Governor or upon its becoming law without such approval. (b) Subsection (c) of amended Code Section 36-15-17, as set out in Section 2 of this Act, shall become effective on the first day of January following the approval of this Act by the Governor or its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Land of the 16th offered the following amendment: Amend the Committee substitute to HB 54 by inserting on line 2, p. 3 after "probate," the following: "magistrate if approved by the local governing authority," and by inserting on line 3 of p. 3 after "municipal courts" the following: "provided that no sums may be charged and collected in magistrate court for criminal or quasi-criminal actions or cases unless otherwise provided by local law." and by inserting a new Section 5 on p. 4 as follows: "SECTION 5. Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, is amended by striking Code Section 15-10-86, relating to law library fees in magistrate court, in its entirety and inserting in lieu thereof: '15-10-86. Reserved.'" 1300 JOURNAL OF THE SENATE and renumbering Section 5 and 6 as 6 and 7. On the adoption of the amendment, the yeas were 38, nays 0, and the Land amend ment 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 Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Broun of 46th Fort Gochenour (excused) Ragan Thomas of 10th Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senators Johnson of the 1st and Johnson of the 2nd introduced the mayor of Savannah. The Calendar was resumed. HB 98. By Representatives Royal of the 164th, Bates of the 179th and Shanahan of the 10th: A bill to amend Code Section 28-1-15 of the Official Code of Georgia Annotated, relating to restrictions on population bills, so as to provide for additional types of bills which shall be classified as prohibited population bills. Senate Sponsor: Senator Ray of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brush THURSDAY, MARCH 20, 1997 1301 Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Blitch Fort Gochenour (excused) Kemp Madden Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 438. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: 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 repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections. Senate Sponsor: Senator Taylor of the 12th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker 1302 JOURNAL OF THE SENATE Those not voting were Senators: Abernathy Blitch Fort Gochenour (excused) Oliver Perdue Tysinger On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 254. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others: A resolution commending the Selective Service System for its long, distin guished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fullfill their legal and patriotic obligation by registering with the Selective Service. Senate Sponsor: Senator Hill of the 4th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Gochenour (excused) Walker On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 451. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for four years. THURSDAY, MARCH 20, 1997 1303 Senate Sponsor: Senator Roberts of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Abernathy Brush Fort Gochenour (excused) Huggins Tysinger On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 272. By Representative Childers of the 13th: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions and requirements for licensure in marriage and family therapy. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan 1304 JOURNAL OF THE SENATE Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Those not voting were Senators: Abernathy Brush Fort Gochenour (excused) Thomas of 10th Thompson Turner Tysinger Walker Lamutt On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic bever age licensing; to change certain provisions relating to furnishing alcoholic bever ages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. Senate Sponsor: Senator Henson of the 55th. Senator Henson of the 55th offered the following amendment: Amend HB 250 by striking lines 6 through 8 on page 1 and inserting in lieu thereof the following: "retailers or retail consumption dealers to either seize and retain the driver's license of any person under the age of 21 years tendered as identification by such person attempt ing to purchase alcoholic beverages or to write down the name, address, and license number recorded on such license; to provide for". By striking lines 11 and 12 on page 4 and inserting in lieu thereof the following: "said license is tendered shall be authorized to either write down the name, address, and license number or to seize and retain such driver's license and in either event By striking the misspelled word "sieze" on line 14 on page 4 and inserting in its place the word "seize". On the adoption of the amendment, the yeas were 39, nays 5, and the amendment was adopted. Senator Egan of the 40th offered the following amendment: Amend HB 250 by adding on line 8 of page 1 between the semicolon and the word "to" the following: "to provide for the suspension or revocation of the state and local alcoholic beverage licenses of any licensee who provides alcoholic beverages to an underage person; to pro vide that local ordinances or resolutions which impose more stringent periods of suspen sion shall not be preempted by this Act;". By striking the quotation marks at the end of line 34 of page 6 and adding between lines 34 and 35 the following: "(g) Whenever any person holding any state or local alcoholic beverage license, or any employee in the business of such licensee, is convicted of knowingly violating any prohi bition contained in Code Section 3-3-23 relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, such state or local alcoholic beverage license for the establishment at which the violation oc^ curred (or both if both are held) shall, upon the first conviction, be suspended for a period THURSDAY, MARCH 20, 1997 1305 often days and shall, upon a second conviction, be permanently revoked; provided, how ever, that this Code section shall not preempt any local ordinance or resolution that pro vides for longer periods of suspension of any such alcoholic beverage license. SucH suspension or revocation shall be by operation of law and shall take effect upon the date on which such conviction becomes final and not subject to any further right of direct appeal. Any sale of alcoholic beverages or other action requiring such a license during such period of suspension or following revocation shall be unlawful and shall be punish able as otherwise provided by law for such an action by an unlicensed person.'" Senator Ray of the 48th offered the following amendment: Amend the Egan amendment to HB 250 by inserting on page 1, line 22 after "conviction" and before the "," the following: "within a 5 year period" by inserting on page 1, line 23 after the "conviction" and before the "," the following: "within a 5 year period" On the adoption of the Ray amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Brown of 26th Burton Cagle Clay Egan Glanton Henson Hill James Johnson of 1st Oliver Price of 56th Ralston Ray Roberts Stokes Tanksley Thomas of 54th Tysinger Those voting in the negative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Cheeks Crotts Dean Gillis Griffin Guhl Harbison Hooks Huggins Johnson of 2nd Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Ragan Scott Starr Streat Taylor Thomas of 10th Turner Walker Those not voting were Senators: Abernathy Fort Gochenour (excused) Kemp Thompson On the adoption of the amendment, the yeas were 19, nays 32, and the Ray amend ment to the Egan amendment was lost. On the adoption of the Egan amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Brown of 26th Burton Egan Price of 56th Stokes Tysinger Those voting in the negative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush 1306 JOURNAL OF THE SENATE Cagle Cheeks Clay Crotts Dean Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Walker Those not voting were Senators: Abernathy Fort Gochenour (excused) Thompson On the adoption of the amendment, the yeas were 6, nays 46, and the Egan amend ment to HB 250 was lost. Senator Langford of the 29th offered the following amendment: Amend HB 250 by deleting, on page 4, line 37 and line 38, "30 days'" and replacing it with "12 months'" By adding, on page 5, line 3, after the words "convicted of, the words "purchasing or" On the adoption of the Langford amendment, the yeas were 38, nays 0, and the 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: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those not voting were Senators: Abernathy Fort Gochenour (excused) Ragan Tysinger On the passage of the bill, the yeas were 51, nays 0. THURSDAY, MARCH 20, 1997 1307 The bill, having received the requisite constitutional majority, was passed as amended. Senator Balfour of the 9th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thomas was excused. HB 325. By Representatives Bordeaux of the 151st, Davis of the 60th and Alien of the 117th: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports. Senate Sponsor: Senator Tanksley of the 32nd. The Senate Special Judiciary Committee offered the following substitute to HB 325: A BILL To be entitled an Act to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports; to provide for objec tions and cross-examination; to provide for presentation of medical narratives to the jury; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, is amended by adding a new Code Section 24-3-18 at the end thereof to read as follows: "24-3-18. (a) Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed medical doctor, dentist, orthodontist, podiatrist, physical or occupational therapist, doc tor of chiropractic, psychologist, advanced practice nurse, social worker, professional counselor, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prog nosis, or interpretation of tests or examinations, including the basis therefor, by the per son signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report must first be provided to the adverse party at least 60 days prior to trial. A state ment of the qualifications of the person signing the report may be included as part of the basis for providing the information contained therein, and the opinion of the person sign ing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplement ing the report or otherwise. (b) The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. 1308 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Gochenour (excused) Henson James Thomas of 10th (excused) Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 331. By Representative Lane of the 146th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit. Senate Sponsor: Senator Langford of the 29th. Senator Langford of the 29th offered the following amendment: Amend HB 331 by striking, on page six, lines 10-15, beginning with the word "such", the remainder of the paragraph in its entirety and add in lieu of "All title 33 regulations shall remain in the Department of Insurance." On the adoption of the amendment, the yeas were 32, nays 0, and the Langford amend ment to HB 331 was adopted. Senators Blitch of the 7th and Price of the 56th offered the following amendment: Amend HB 331 by adding after line 21 of page 1 the following: "amend Code Section 34-9-205 of the Official Code of Georgia Annotated, relating to col lection of physician's fees, hospital, and other charges for treatment of injuries covered by workers' compensation insurance, so as to preclude civil liability of a medical services provider for erroneously billing an employee if the provider was without notice that the employee's injury was covered by workers' compensation insurance; to". THURSDAY, MARCH 20, 1997 1309 By adding at the end of page 9 the following: "SECTION 7. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-205, and inserting in its place a new subsection (b) to read as follows: '(b) Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment; provided, however, that if an employee fails to notify a physician, hospital, or medical supplier that he or she is being treated for an injury covered by workers' compensation insurance, such provider of medical services shall not be civilly liable to any person for erroneous billing for such covered treatment if the billing error is corrected by the provider upon notice of the same. The board may require recommendations from a panel of appropriate peers of the physician or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and neces sity of service which the board shall consider in its determinations.'" By renumbering existing Sections 7 through 10 as Sections 8 through 11. On the adoption of the amendment, the yeas were 39, nays 0, and the Blitch, Price amendment to HB 331 was adopted. Senator Boshears of the 6th offered the following amendment: Amend HB 331 by striking line 18 of page 1 and inserting in lieu thereof the following: "rehabilitation suppliers; to prohibit suspension of an employee's benefits if such em ployee is not reasonably employable for a position, considering such employee's age, edu cation, work history, and physical or mental impairments; to increase the maximum weekly". By inserting following line 38 on page 9 the following: "SECTION 7. Said chapter is further amended by inserting in Code Section 34-9-240, relating to the ef fect of refusing suitable work by injured employees, a new subsection to be designated sub section (c) to read as follows: "(c) For the purposes of this Code section only and notwithstanding any other provisions of this chapter, no employee's benefits may be suspended because of the employer's con tention that the employee is able to do some form of work if said employee is not reason ably employable for that position considering the employee's age, education, work history, and physical or mental impairments." By renumbering Sections 7, 8, 9, and 10 as Sections 8, 9, 10, and 11. On the adoption of the amendment, the yeas were 7, nays 36, and the Boshears amend ment to HB 331 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle 1310 JOURNAL OF THE SENATE Cheeks Clay Crotts Dean Egan Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort Gillis Gochenour (excused) Huggins Thomas of 10th (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received for the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 97. 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 change certain provisions relating to fees and charges gener ally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. The Speaker has appointed on the part of the House, Representatives Lord of the 121st, Williams of the 114th and Tolbert of the 25th. The calendar was resumed. HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and Davis of the 60th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the divi dend expressly so provides. Senate Sponsor: Senator Egan of the 40th. Senator Egan of the 40th offered the following amendment: THURSDAY, MARCH 20, 1997 1311 Amend HB 294 by adding at the end of line 2 of page 1 the following: "to change the provisions relating to fees and penalties;" By adding at the end of line 22 of page 1 the following: "to change the provisions relating to reinstatement following administrative dissolution;" By adding at the end of line 24 of page 1 the following: "to change the provisions relating to filing fees;" By striking lines 4 through 7 on page 2 and inserting in lieu thereof the following: "corporations and nonprofit corporations; to change the provisions relating to reinstate ment following administrative dissolution; to provide for other matters relating to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes." By adding between lines 11 and 12 on page 2 the following: "striking Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof a new Code Section 14-2-122 to read as follows: '14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him for filing: Document Fee (1) Articles of incorporation . .......... .........................$ "BDTOO (2) Application for certificate of authority ........................ 170.00 (3) Annual registration .......................................... 15.00 (4) Agent's statement of resignation ............................. No fee (5) Certificate of judicial dissolution ............................. No fee (6) Application for reservation of a corporate name ................ No fee (7) Civil penalty for each year or part thereof during which a foreign corporation transacts business in this state without a certificate of authority ...................................... 500.00 (8) Statement of change of address of registered agent .... $5.00 per corporation but not less than .............................. 20.00 (9) Application for reinstatement................. . . ............ .100.00 (9X10) Any other document required or permitted to be filed by this chapter .................................................... 20.00 SECTION 1.1. Said chapter is further amended by" By adding immediately below line 40 of page 8 the following: "SECTION 11.1. Said chapter is further amended by striking subsection (a) of Code Section 14-2-1422, relat ing to reinstatement following administrative dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within five yeais afUji tlm effecLivu date of disbululiun. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401; 1312 JOURNAL OF THE SENATE (4) Contain a statement by the corporation reciting that all taxes owed by the corpora tion have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penal ties that would have been payable during the periods between dissolution and rein statement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.'" By adding between lines 3 and 4 of page 9 the following: "striking subsection (a) of Code Section 14-3-122, relating to filing fees, and inserting in lieu thereof a new subsection (a) to read as follows: '14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing: (1) (2) (3) (4) (5) (6) (7) (8) (8)(9) Document Fee Articles of incorporation . . .......... .........................$ 60.00 Application for certificate of authority........................... 70.00 Annual registration ........................................... 15.00 Agent's statement of resignation .............................. No fee Certificate of judicial dissolution .............................. No fee Application for reservation of a corporate name ................. No fee Statement of change of address of registered agent . . . $5.00 per corporation but not less than ............................... 20.00 Application for reinstatement................................ 100.00 Any other document required or permitted to be filed by this chapter..................................................... 20.00' SECTION 12.1. Said chapter is further amended by" By adding between lines 8 and 9 on page 26 the following: "SECTION 18.1. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1422, relat ing to reinstatement following administrative dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement wiLhhi fivn yeais aflei the effective datu uf disso lution. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corpora tion have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penal ties that would have been payable during the periods between dissolution and rein statement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.'" THURSDAY, MARCH 20, 1997 1313 By adding between the comma and the word "this" on line 10 of page 26 the following: "Sections 1, 11.1, 12, and 18.1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of On the adoption of the amendment, the yeas were 35, nays 0, and the Egan amendment to HB 294 was adopted. Senators Thompson of the 33rd, Tanksley of the 32nd, Clay of the 37th and Lamutt of the 21st offered the following amendment: Amend HB 294 by striking line 18 of page 1 and inserting in lieu thereof the following: "to provide for powers and duties of inspectors; to provide for staggered terms for direc tors of registered corporations; to provide for designation of directors for each class, expi ration of terms, and choosing of succeeding directors and their terms; to provide for exceptions and applicability; to provide for elections of exemption and subsequent elec tions of applicability or exemption; to provide for the effect of elections, articles of incor poration, and bylaws; to provide for staggered terms in accordance with the articles of incorporation or bylaws; to provide for changing the number of directors when terms are staggered; to provide for fixing the number of directors, removal of directors, and to pro hibit restricting the power of the board of directors; to change". By inserting following line 36 of page 7 the following: "SECTION 10. Said chapter is further amended by striking in its entirety Code Section 14-2-806, relating to staggered terms for directors, and inserting in lieu thereof the following: "14-2-806. (a) As used in this Code section, the term: (1) 'Cause,' with respect to the removal of any director of a registered corporation, means only: (A) Conviction of a felony; (B) Declaration of unsound mind by order of court; (C) Gross dereliction of duty; (D) Commission of an action involving moral turpitude if such action results either in an important substantial personal benefit or a material injury to the registered corporation; or (E) Commission of an action which constitutes intentional misconduct or a knowing violation of law if such action results either in an important substantial personal benefit or a material injury to the registered corporation. (2) 'Registered corporation' means any corporation which is organized under the laws of this state and has a class of voting shares registered under the Securities Exchange Act of 1934, as amended, provided that if a corporation is subject to subsection (b) of this Code section at the time it ceases to have any class of voting shares so registered, iuch corporation shall nonetheless be deemed to be a registered corporation for the purposes of this Code section for a period of 12 months following the day it ceased to have such shares registered. (b) Except as provided in subsection (c) of this Code section and notwithstanding any thing to the contrary in this chapter or in the articles of incorporation or bylaws of any registered corporation, the terms of the directors of any registered corporation shall be staggered by dividing the total number of directors into three groups, with each group containing one-third of the total, as near as may be. The terms of directors in the first group, Class I Directors, shall expire at the first annual shareholders' meeting after the date such registered corporation becomes subject to this subsection. The terms of the second group, Class II Directors, shall expire at the second annual shareholders' meeting 1314 JOURNAL OF THE SENATE after the date such registered corporation becomes subject to this subsection. The terms of the third group, Class III Directors, shall expire at the third annual shareholders' meeting after the date such registered corporation becomes subject to this subsection. At each annual shareholders' meeting held after the registered corporation becomes subject to this subsection, directors shall be chosen for a term of three years to succeed those whose terms expire. On or prior to the date on which a registered corporation first con venes an annual meeting following the time at which such registered corporation be comes subject to this subsection, the board of directors of such registered corporation shall adopt a resolution designating from among its members directors to serve as Class I Directors, Class II Directors, and Class III Directors; provided, however, that if notice of an annual meeting of a registered corporation has been given prior to the effective date of this Code section and such annual meeting has not been held prior to such date, such registered corporation shall not be deemed subject to this subsection until immediately after such annual meeting. Notwithstanding this subsection, the articles of incorpora tion may confer upon holders of any class or series of shares which has any preference over any other class or series of shares as to payment of dividends or distributions upon liquidation the right to elect one or more directors who shall serve for such term and have such voting powers as shall be stated in the articles of incorporation. (c) (1) The provisions of subsection (b) of this Code section shall apply to every regis tered corporation unless the board of directors of such registered corporation at any Hine, or the shareholders of such registered corporation by the affirmative vote of at least two-thirds of the votes entitled to be cast by voting shares of the registered corpo ration at a meeting duly called for the purpose of such vote which meeting occurs after March 1, 1999, shall adopt a bylaw providing that such corporation elects to be exempt from the provisions of subsection (b) of this Code section. Upon adoption of any bylaw electing exemption from subsection (b) of this Code section, the provisions of subsection {B) of this Code section shall become immediately ineffective with respect to such regis tered corporation unless such bylaw provides otherwise and such registered corporaSon shall be subject to Code Section 14-2-805, unless the articles of incorporation or a Bylaw adopted by the shareholders of such registered corporation provide for stagger ing the terns of the directors, in which case the registered corporation shall be subject to subsection (d) of this Code section. (2) In the event that any registered corporation shall elect by bylaw adopted by the Board of directors to be exempt pursuant to paragraph (1) of this subsection, the board of directors of such registered corporation may at any time thereafter adopt a bylaw electing to be subject to the provisions of subsection (b) of this Code section. In the event that any registered corporation shall elect by bylaw adopted by the affirmative vote of at least two-thirds of the votes entitled to be cast by voting shares of the regis tered corporation after March 1, 1999, to be exempt pursuant to paragraph (1) of this subsection, such registered corporation may at any time thereafter elect, by bylaw adopted by the affirmative vote of at least a majority of the votes entitled to be cast by voting shares of the registered corporation, to be subject to the provisions of subsection (b) of this Code section. Upon adoption of any such bylaw, whether adopted by the Hoard of directors or by the shareholders, the provisions of subsection (b) of this Code section shall immediately become effective unless otherwise provided in such bylaw. fa) (d) The articles of incorporation or a bylaw adopted by the shareholders of any corpo ration which is not a registered corporation or of any registered corporation which elects to be exempt from the provisions of subsection (b) of this Code section may provide for staggering the terms of the directors by dividing the total number of directors into two or three groups, with each group containing one-half or one-third of the total, as near as may be. In that event, the terms of directors in the first group expire at the first annual shareholders' meeting after their election, the terms of the second group expire at the second annual shareholders' meeting after their election, and the terms of the third group, if any, expire at the third annual shareholders' meeting after their election. At THURSDAY, MARCH 20, 1997 1315 each annual shareholders' meeting held thereafter, directors shall be chosen for a term of two years or three years, as the case may be, to succeed those whose terms expire. (faKe) If directors have staggered terms and the number of directors is thereafter changed: (1) Any increase or decrease in the number of directors shall be so apportioned among the classes as to make all classes as nearly equal in number as possible; and (2) When the number of directors is increased and any newly created directorships are filled by the board, the terms of the additional directors shall expire at the next elec tion of directors by the shareholders. (f) Notwithstanding anything to the contrary in this chapter or in the bylaws of any reg istered corporation subject to subsection (b) of this Code section, unless'the articles of incorporation otherwise provide! (1) The number of directors of such registered corporation shall be fixed only by vote of a majority in number of the directors of such registered corporation; (2) Directors of such registered corporation may be removed only for cause; and (3) Such registered corporation's bylaws shall not be amended to, and new bylaws shall not be adopted which, restrict the discretion or power of the board of directors in its management of the business and affairs of the corporation. (g) Nothing in subsection (b) of this Code section shall be deemed to amend, modify, or otherwise affect the validity of any provision of the articles of incorporation or bylaws of any corporation providing for staggered terms of directors as contemplated by subsection (d) of this Code section during any period that it elects not to be subject to subsection (b) of this Code section. No provision of the articles of incorporation or bylaws of any regis tered corporation that is subject to subsection (b) of this Code section shall render inap plicable any provision of this Code section or require the board of directors of such corporation to adopt any bylaw pursuant to subsection (c) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any directors of the registered corporation. No bylaw adopted by a board of directors electing not to be subject to subsection (b) of this Code section shall render invalid or prevent adoption of any provision in or amendment to such corpora tion's articles of incorporation or bylaws as contemplated by subsection (d) of this Code section." By renumbering Sections 10 through 20 as Sections 11 through 21, respectively. By striking in its entirety line 10 of page 26 and inserting in lieu thereof the following: "(a) Except as otherwise provided by subsection (b) of this section and notwithstanding the provisions of Code Section 1-3-4.1, this" By inserting following line 13 of page 26 the following: "(b) Section 10 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." On the adoption of the amendment, the yeas were 38, nays 0, and the Thompson, et al. amendment to HB 294 was adopted. Pursuant to Senate Rule 143, action on HB 294 was suspended, and the bill was placed on the General Calendar. Senator Walker of the 22nd moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 4:43 P.M., the President announced the Senate adjourned.